Art. 340 Schweizerische Zivilprozessordnung (ZPO) - Sichernde Massnahmen

C/17686/2023 · ge (art. 340 CPC)

Eviction Judgment Enforcement Suspension Rejected Despite Delay and Settlement Talks

The court determined that even if this article applied to the appeal court, the conditions for granting conservatory measures were not met.

C/3569/2022 · ge (art. 340 CPC)

Commercial Tenant Appeal Regarding Enforcement of Judicial Settlement Agreement for Eviction

This article was cited when discussing the possibility for the execution court to order conservatory measures, although the appellate court ultimately found it unlikely to apply to itself in this specific context.

A/2804/2017 · ge (Art. 340 CPC)

Claimant v. Insurer: Out-of-Court Settlement Ratified

Impliedly used because the court ratified an amicable settlement to terminate the dispute, which is a standard procedure under procedural law when parties agree.

C/7480/2015 · ge (art. 340 CPC)

Provisional Measures Against Asset Dissipation Pending Exequatur of Foreign Incapacity Ruling

This provision was the basis for the provisional measures issued by the lower court, which the Court confirmed when rejecting the appeal.

LB160004 · zh (Art. 340 ZPO)

Half-Sibling Inheritance Dispute Over Real Estate Valuation and Equalization Payments

Cited in the context of the plaintiff's amended request for security for the enforcement of the judgment.

HC.2016.291 · vd (Art. 340 CPC)

Appeal of Provisional Conservatory Measure Inadmissible Due to Non-Appealability Under Swiss Law

This procedural rule was implicitly central to the decision, as the court found that Swiss law provided no avenue for appeal against the provisional measures issued, leading to the declaration of inadmissibility.

11.2014.107 · ti (art. 340 CPC)

Appealability of Ex Parte Super-Precautionary Enforcement Order in Divorce Visitation Dispute

The court determined that the decree under appeal was a non-appealable 'superprovisional' measure, based on the power granted to the enforcement judge.

HC.2013.279 · vd (Art. 340 CPC)

Forced Entry Without Hearing in Employment Dispute

Cited in the discussion regarding the nature of the measure ordered (conservatory measure vs. forced execution).

MPP.2011.2 · vd (art. 340 CPC)

Football Association v. European Governing Body (Europa League Exclusion Appeal)

This article was applied by the delegated judge to rule on the matter based on extreme urgency.

12.2009.187 · ti (art. 340 lett. b CPC/TI)

Revision on Attorney Fees and Cost Allocation After Partial Appellate Decision

The revision of the first instance costs (Dispositive I) was granted based on this article concerning judgments awarding more than requested (ultrapetizione).

12.2009.187 · ti (art. 340 lett. c CPC/TI)

Revision on Attorney Fees and Cost Allocation After Partial Appellate Decision

The revision of the second instance costs (Dispositive II) was granted based on this article concerning contradictory provisions in the judgment.

12.2010.188 · ti (art. 340 lett. a CPC/TI)

Creditor Claim Inclusion in Bankruptcy: Document Production Dispute

Cited as the basis for reviewing the contested decision because the lower court ruled on an unformulated claim and omitted a formulated one.

12.2010.56 · ti (art. 340 lett. c CPC)

Revision for Contradiction Between Dispositive Clause and Reasoning in Appellate Decision

This provision was cited as the basis for the revision request concerning the contradictory order in the previous judgment.

16.2002.103 · ti (art. 340 lett. d CPC)

Appellant v. Respondent on Document Production Timing

Cited as the provision describing the factual error (considering the document request separate from the main action) that could justify revision, supporting the cassation.

16.2010.9 · ti (art. 340 lett. d CPC)

Former Employee Wage Claim Reinstated After Procedural Dismissal Error

This article established the grounds under which the request for revision was accepted, correcting an error of fact in the prior decision.