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Art. 323 Schweizerische Zivilprozessordnung (ZPO) - Anschlussbeschwerde
ZPO; 2. Teil: Besondere Bestimmungen; 9. Titel: Rechtsmittel; 2. Kapitel: Beschwerde
Art. 323 ZPO · Anschlussbeschwerde
Eine Anschlussbeschwerde ist ausgeschlossen.
Gerichtsentscheide zu dieser Bestimmung (41)
C/26787/2024 · ge (art. 323 CPC)
Appeal Regarding Revocation of Precautionary Attachment on Foreign State Assets Based on Assigned Arbitration Award
Used to declare the respondent's conclusions beyond the scope of the appeal inadmissible (prohibition of joint appeal).
C/23316/2018 · ge (Art. 323 CPC)
Neighbor Liability for Property Damage Due to Defective Sewage Pipes
Cited to declare the respondent's cross-appeal (qualified as a recourse joint) inadmissible.
C/6555/2023 · ge (Art. 323 CPC)
Appeal Against Definitive Lifting of Opposition to Payment Order (Maintenance Arrears)
Cited in the reasoning as the basis for declaring the respondent's conclusions that went beyond confirming the judgment inadmissible (prohibition of cross-appeal).
BZ 2024 26 · zg (Art. 323 ZPO)
Appeal on Denial of Suspension of Conciliation Proceedings Due to Alleged Irreparable Harm
Cited by the court when explaining that cross-appeals (Anschlussbeschwerde) are explicitly excluded in the Civil Procedure Code.
C/6758/2021 · ge (art. 323 CPC)
Landlord Appeal Dismissed for Reckless Litigation Regarding Settled Rent Arrears
Used to declare the joint appeal inadmissible.
C/23066/2022 · ge (art. 323 CPC)
Creditor's Claim Deduction Precludes Further Set-Off Reduction in Opposition Lifting
Cited in relation to the inadmissibility of the response filed by the appellee.
BEZ.2023.43 · bs (Art. 323 ZPO)
Appeal Regarding Nullification of Debt Enforcement Proceedings for Shared Apartment Rent
This procedural rule concerning cross-appeals was cited to justify not entering into the respondent's claims for compensation made in the appeal response.
ZK1 2022 118 · gr (art. 323 CPC)
Recalculation of Appointed Counsel Fees in Divorce Proceedings Based on Legal Aid Commencement Date
Cited in the reasoning to explain why a cross-appeal (reclamo incidentale) is not admitted in appeal proceedings.
C/21963/2020 · ge (art. 323 CPC)
Appellate Court Ruling on Definitive Lifting of Opposition to Payment Order and Extinction of Solidary Debt
Cited in the reasoning regarding the inadmissibility of the joint appeal.
C/19776/2021 · ge (art. 323 CPC)
Payment Order Opposition Lifting Upheld Over Informal Notice of Vacation
Cited in the reasoning as procedural justification for the inadmissibility of the respondent's claims regarding damages and classification order.
154----------- · vd (Art. 323 CPC)
Lessee Liability for Unauthorized Subletting Profits
Cited in the reasoning regarding the inadmissibility of the joined appeal (recours joint) by the appellee, which determined a procedural boundary in the appeal.
14.2020.163 · ti (art. 323 CPC)
Kitchen Equipment Attachment Appeal: Debt Valid, Fees Overturned
Cited in the reasoning to reject CO 1's request for a higher amount as an inadmissible cross-appeal.
ML.2021.41 · vd (art. 323 CPC)
Debtor's Appeal on Debt Lifting of Opposition and Cost Allocation
Cited in the reasoning to reject the respondent's conclusion that sought to reform the decision, as it was deemed inadmissible alongside the main appeal.
PP190043 · zh (Art. 323 Abs. 1 ZPO)
Appeal Regarding Court-Appointed Representative Fees and State Reimbursement
Cited in the reasoning, indicating that further procedural steps were unnecessary because the appeal was obviously unfounded.
C/17155/2018 · ge (art. 323 CPC)
Violation of Right to be Heard Regarding Rent Reduction Claim
Used to declare the joint appeal inadmissible in the reasoning section concerning procedural admissibility.