Jurisdiction Transfer and Cost Allocation in Lis Pendens Cases

A court, finding itself without jurisdiction, can issue a decision terminating the proceedings before it and simultaneously transfer the case to the competent jurisdiction without interrupting the lis pendens, according to $\S\S 103$ f. of the cantonal code of civil procedure. The deciding court must definitively rule on the costs incurred before its instance, and due to the specific circumstances of the transfer, the provision regarding exceptional cost allocation ($\S 121$) is applicable, allowing the court to waive court fees, particularly in internal transfers, while only adjudicating costs for work that will not be carried over to the next instance.