273
BZPPCFPC
CH
CH
Art. 5 Legge del 4 dicembre 1947 di procedura civile federale (PC)
PC; Titolo secondo: Principi generali di procedura; Giudice delegato
Art. 5 PC
Un giudice delegato dirige lo scambio degli allegati scritti e prepara la causa per il dibattimento principale.
Egli stabilisce le garanzie e le anticipazioni per spese giudiziarie e ripetibili che le parti devono fornire giusta gli articoli 62 e 63 LTF . Egli decide sulle spese giudiziarie quando la lite termina prima del dibattimento principale mediante transazione giudiziale o desistenza e, in quest’ultimo caso, fissa l’ammontare alle ripetibili.
Un secondo giudice deve intervenire all’audizione dei testimoni, all’ispezione oculare e all’interrogatorio delle parti.
Decisioni giudiziarie che applicano questa disposizione (11)
7B_906/2026 (Art. 5 al. 2 PCF)
Failure to Pay Advance on Court Costs for Criminal Appeal Against Non-Entry Order
Applied, by reference from Art. 71 LTF, to set the amount of court costs considering the procedural steps taken.
5A_856/2018 (Art. 66 Abs. 1, Art. 68 Abs. 1 und Art. 71 BGG i.V.m. Art. 5 Abs. 2 BZP)
Withdrawal of appeal in precautionary evidence-taking for construction lien; case struck from record with court costs split per settlement.
Basis for allocating court costs equally between the parties per their settlement agreement.
5A_440/2015 (Art. 5 al. 2 PCF)
Bankruptcy without prior collections proceeding: voluntary withdrawal of appeal after suspensive-effect dispute, with costs and indemnity imposed on withdrawing appellant.
Applied by way of renvoi to determine the costs and the costs award.
5A_879/2014 (Art. 5 Abs. 2 BZP)
Debt collection: withdrawal of appeal on minimum subsistence calculation makes case moot; proceedings struck off.
Used as legal basis to waive court costs.
8C_718/2014 (Art. 5 cpv. 2 PC)
Swiss unemployment insurance appeal withdrawn after jurisdictional transfer to Bern administrative court—case struck from docket with no costs under Art. 32(2) LTF.
Applied in relation to Art. 71 LTF to rule on court costs when striking the case.
1B_27/2013 (Art. 5 al. 2 PCF)
Withdrawal of criminal appeal after settlement; withdrawing party bears costs and pays opponent's compensation (Art. 71 LTF, Art. 73 PCF, Art. 32 al. 2 LTF, Art. 428 al. 1 CPP).
Applied via Art. 71 LTF in the dispositive to impose reduced court costs jointly on the appellants.
5A_347/2012 (Art. 5 Abs. 2 BZP)
Withdrawal of appeal in attachment enforcement of foreign judgment; case struck off roll after appellants abandoned challenge, with costs and compensation imposed on appellants.
Applied in the dispositive to impose joint and several liability for costs on the appellants.
6B_790/2010 (Art. 5 cpv. 2 PC)
Withdrawal of criminal-law appeal against confiscation order after appellants abandon challenge; case struck from roll, no costs imposed under Article 32 LTF.
Procedural rule applied in conjunction with Art. 71 LTF to decide on court costs.
5A_527/2008 (Art. 5 Abs. 2 BZP)
Withdrawal of appeal against cantonal consent to real estate sale: case struck off docket, appellant bears costs.
Applied by analogy to impose costs on the withdrawing appellant.
5A_711/2007 (Art. 5 Abs. 2 BZP)
Withdrawal of appeal for denial of justice in debt enforcement supervisory proceedings
Imposed joint and several liability for costs on the appellants.
5A_178/2007 (Art. 5 al. 2 PCF)
Bankruptcy Appeal Withdrawal After Failed Legal Aid and Advance Fee Payment Leads to Case Striking and Cost Shift
Cited in the dispositive as the basis for imposing the court costs on the appellant.