14.2003.37 · Appeal Struck for Non-Payment of Judicial Costs; Bankruptcy Reinstated (Tribunale di appello diritto civile)

Sintesi Legislator

Generato dall'IA

The Appellate Court, having noted that the appellant failed to pay the required advance of 120 Swiss Francs for presumed judicial costs by the specified deadline, decided to strike the appeal from the rolls for non-payment. Consequently, the court reinstated the bankruptcy order against the appellant, effective from May 27, 2003, reasoning that the failure to remit the security deposit mandated by the court renders the appeal inadmissible, adhering to established procedural law regarding appeals in bankruptcy matters.

Regesto Legislator

Generato dall'IA

art. 36 LEF, art. 174 LEF, art. 12 LTG, art. 312 CPC, art. 22 cpv. 3 LALEF, art. 25 LALEF; Appeal Struck for Non-Payment of Judicial Costs; Bankruptcy Reinstated: Consequently, the court reinstated the bankruptcy order against the appellant, effective from May 27, 2003, reasoning that the failure to remit the security deposit mandated by the court renders the appeal inadmissible, adhering to established procedural law regarding appeals in bankruptcy matters.

Parole chiave

Generato dall'IA

anticipo delle spese diritto processuale precetto esecutivo termine processuale perentorio procedura di fallimento opposizione tardiva Sentenza o decisione senza scheda

Disposizioni normative citate

Generato dall'IA

art. 36 LEF

This article is cited in the preamble of the decision but does not explicitly appear in the dispositive section; however, based on the context (striking the appeal due to non-payment of the advance), it likely relates to the substantive ground for the procedural outcome regarding the appeal in bankruptcy matters.

art. 174 LEF

This article is cited in the preamble and relates to the continuation of the bankruptcy proceeding following the appeal's failure, which is confirmed by order 1.1.

art. 12 LTG

This procedural law is listed among the cited articles, although its specific role in the operative part is not explicitly detailed beyond the general context of the chamber's authority.

art. 312 CPC

This procedural law is listed among the cited articles, related to the procedure applied by the appellate court.

art. 22 cpv. 3 LALEF

This procedural law is listed among the cited articles, related to the procedure applied by the appellate court.

art. 25 LALEF

This procedural law is listed among the cited articles, related to the procedure applied by the appellate court.

art. 48 OTLEF

This procedural law is listed among the cited articles, related to the procedure applied by the appellate court.

art. 49 OTLEF

This procedural law is listed among the cited articles, related to the procedure applied by the appellate court.

Giurisprudenza citata

Generato dall'IA

DTF 118 III 39

Generato dall'IA

14.2004.70

Appeal Struck for Non-Payment of Judicial Costs; Bankruptcy Reinstated

14.2003.38

Appeal Struck for Non-Payment of Judicial Costs; Bankruptcy Order Reinstated

14.2003.35

Bankruptcy Appeal Struck for Failure to Pay Judicial Costs

14.2003.63

Appeal Struck for Non-Payment of Judicial Costs in Bankruptcy Proceeding

14.2001.60

Appellant Bankruptcy Reinstated Due to Failure to Pay Appeal Costs

Questioni giuridiche chiave estratte da Legislator

Generato dall'IA

art. 36 LEF

This article is cited in the preamble of the decision but does not explicitly appear in the dispositive section; however, based on the context (striking the appeal due to non-payment of the advance), it likely relates to the substantive ground for the procedural outcome regarding the appeal in bankruptcy matters.

art. 174 LEF

This article is cited in the preamble and relates to the continuation of the bankruptcy proceeding following the appeal's failure, which is confirmed by order 1.1.

art. 12 LTG

This procedural law is listed among the cited articles, although its specific role in the operative part is not explicitly detailed beyond the general context of the chamber's authority.

art. 312 CPC