Art. 328 CPC from 2024
Art. 328 Review Grounds for review
1 A party may request the court that has decided as final instance to review the final decision if:a. (1) the party despite exercising due diligence subsequently discovers significant facts or decisive evidence that could not have been submitted in the earlier proceedings, excluding facts and evidence that arose after the decision;b. criminal proceedings have established that the decision was influenced to the detriment of the party concerned by a felony or misdemeanour, even if no one has been convicted by the criminal court; if criminal proceedings are not possible, proof may be provided in some other manner;c. (1) it is claimed that the acceptance, withdrawal or settlement of the claim is invalid because of formal or substantive deficiencies;d. (3) the party only discovers a reason for recusal after the proceedings have been concluded and no other legal remedy is available.
2 A review on the grounds of a violation of the European Convention on Human Rights of 4 November 1950 (4) (ECHR) may be requested if:a. (5) the European Court of Human Rights has determined in a final judgment (Art. 44 ECHR) that the ECHR or its protocols have been violated, or the case has been concluded by means of a friendly settlement (Art. 39 ECHR);b. compensation is not an appropriate remedy for the effects of the violation; andc. the review is necessary to remedy the violation.
(1) (2)
(2) Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 ([AS 2023 491]; [BBl 2020 2697]).
(3) Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 ([AS 2023 491]; [BBl 2020 2697]).
(4) [SR 0.101]
(5) Amended by Annex No 2 of the FA of 1 Oct. 2021, in force since 1 July 2022 ([AS 2022 289]; [BBl 2021 300], [889]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
