Appeal Dismissed Due to Insufficient Proof of Appellant Insolvency for Cost Security
Sintesi Legislator
Generato dall'IAA 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.
Regesto Legislator
Generato dall'IA§ 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.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IADecisioni correlate
Generato dall'IAQuestioni giuridiche chiave estratte da Legislator
Generato dall'IAThis 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.
Testo completo
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.