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154.800 CH-BS

Act on Court Fees

5 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Statutory Text (5 Articles)

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1. The fees for the services of the Court of Appeals, the Civil Court, the Criminal Court, the Juvenile Court, the mediation authorities of the courts, the supervisory authority over the estate office, the civil court registry, and the supervisory commission over lawyers are set by the board of judges through regulations.

2. In doing so, the interest of the litigant in accessing legal services at affordable rates should be preserved.

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1. In proceedings before the Civil Court and Appellate Court, originating from the State Conciliation Authority for Rental Disputes, no party compensation shall be awarded.

2. In such proceedings, the court fees amount to a minimum of CHF 200 and a maximum of CHF 500, for a net monthly rent of up to CHF 2,500 for residential leases and up to CHF 3,500 for commercial leases.

3. In cases of frivolous litigation, a party may be ordered to bear the procedural costs in whole or in part.

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1. The fees to be charged for judgments and other judicial decisions, for orders and independent orders, shall be numerically determined by the judge together with the expenses in his decree.

2. In the event of the conclusion of a proceeding without a judgment, the fees and expenses shall be determined, if the conclusion occurs during the main hearing, by the court, and in other cases, by the president of the court.

3. The remaining fees, along with the expenses, shall be determined by the court clerk's office and communicated to the obligor.

4. The statement of fees and expenses is equivalent to a judicial judgment within the meaning of Art. 80 of the Federal Act on Debt Collection and Bankruptcy, provided it bears the visa of a court president.

5. The person concerned has the right to appeal to the appellate court against the determination of fees or expenses on the grounds of illegality or arbitrariness in accordance with the provisions concerning appeals against a judgment.

6. In inheritance cases, the appeal must be directed to the supervisory authority over the inheritance office in accordance with § 2 of the Introductory Law to the Civil Code.

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1. For proceedings that are pending at the time of effectiveness, the previous procedural law applies until the conclusion before the affected court instance.

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1. The Law on Court Fees of May 13, 1948, is repealed.

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