Legislator Case Law & Legislation
01 05 11 • KG LU 01 05 11 AI generated

Appeal Dismissed Due to Insufficient Proof of Appellant Insolvency for Cost Security

Case Number 01 05 11
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

A party who filed an appeal was ordered to secure the opposing party's costs upon request if the appellant appeared to be insolvent, defined as when their assets were likely insufficient to cover the judgment award, which only needed to be made plausible, not strictly proven. The appellate court dismissed the request for security because the appellant's low income, lack of taxable assets, and a self-serving declaration of destitution made in a separate criminal proceeding were insufficient to credibly establish insolvency, especially given the lack of adverse enforcement records and the possibility of income from a jointly held company.

Legislator headnote

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§ 125 ZPO; Appeal Dismissed Due to Insufficient Proof of Appellant Insolvency for Cost Security: The appellate court dismissed the request for security because the appellant's low income, lack of taxable assets, and a self-serving declaration of destitution made in a separate criminal proceeding were insufficient to credibly establish insolvency, especially given the lack of adverse enforcement records and the possibility of income from a jointly held company.

Keywords

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insolvency security for costs failure to prove deterioration low income enforcement costs proceeds § 125 ZPO. Begriff und Nachweis der Zahlungsunfähigkeit. | Zivilprozessrecht

Cited Legislation

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Key legal questions extracted by Legislator

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§ 125 ZPO

This provision governs the requirement for a party who has filed an appeal to provide security for the opponent's costs if they appear to be insolvent, and the court ultimately denied the application for security based on this provision.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht Abteilung: · Präsident der I. Kammer Rechtsgebiet: · Zivilprozessrecht Entscheiddatum: · 26.07.2005 Fallnummer: · 01 05 11 LGVE: · 2005 I Nr. 33 Leitsatz: · § 125 ZPO. Begriff und Nachweis der Zahlungsunfähigkeit. Rechtskraft: · Diese Entscheidung ist rechtskräftig.