Art. 346 Schweizerische Zivilprozessordnung (ZPO) - Rechtsmittel Dritter

101 2022 469 · fr (art. 346 CPC)

Appeal on Estate Partition Execution Inadmissible Due to Untimely Prior Appeals

Cited as a general basis for enforcing decisions in execution proceedings, although the main ruling on the appeal was inadmissibility.

CR/70/2019 · ge (Art. 346 CPC)

Appeal Regarding Enforcement of Australian Mutual Assistance Requests for Banking Information

Cited as the basis allowing third parties affected by the legal assistance request to file a right of appeal.

HC.2020.680 · vd (Art. 346 CPC)

Third-Party Appeal Against Enforcement of Provisional Freezing Order Due to Lapsed Main Proceedings

This article governs the admissibility of appeals by third parties against enforcement decisions, which was central to the judgment being partially admitted.

HC.2020.521 · vd (art. 346 CPC)

Subtenant Appeal on Execution Cost Allocation Dismissed for Lack of Quantified Monetary Conclusion

This article is cited in the header and concerns the right of third parties to appeal execution decisions.

HC.2020.354 · vd (Art. 346 CPC)

Maintenance Deduction Order Enforcement Appeal by Third Party

Cited in the preamble of the decision, although the specific application relates to the substance discussed (third-party appeal against execution measures) which was ultimately rejected.

HC.2018.361 · vd (Art. 346 CPC)

Subtenant Eviction Appeal Admissibility and Deadline Rejection

This provision allows third parties to file an appeal against enforcement decisions affecting their rights, which forms the basis for reviewing the merits of the appeal.

C/20184/2014 · ge (Art. 346 CPC)

Appeal Admissibility Regarding Foreign Mandate Extension Recognition

The appeal filed by A____, SI B____, and SI C____ was declared inadmissible because the judgment did not affect their legal rights, thus lacking standing to appeal under this article.

C/20184/2014 · ge (Art. 346 CPC)

Appeal Admissibility Regarding Foreign Mandate Extension Recognition

The appeal filed by D_____ was declared inadmissible because it was filed late, as established by the court considering the circumstances surrounding his knowledge of the decision.

CCIV.2013.6 · ne (Art. 346 CPC)

Judgment Enforcement Limitations Regarding Product Recall and Retroactive Obligations

Cited in the reasoning concerning the right of third parties to appeal execution decisions, and subsequently cited in Order No. 5 regarding notification to third parties.

Pron.2012.203 · vd (Art. 346 CPC)

Third-Party Appeals Against Expulsion Order and Execution Notice Barred by Timeliness

Used to determine that the appeal deadlines start running from the moment the third party became aware of the decision.

Pron.2012.71 · vd (Art. 346 CPC)

Subtenant's Appeal of Already Executed Eviction Inadmissible

This provision is cited in the reasoning regarding the right of appeal for a third party (sub-tenant) against the order for forced eviction, and while it sets the context, it is not explicitly cited in the final dispositive orders I, II.

HC.2011.145 · vd (art. 346 CPC)

Sub-tenants' Appeal Against Eviction Following Main Tenants' Arrears Dismissed

Cited in the context of the admissibility of the third-party appeal against enforcement decisions.

14.2010.112 · ti (art. 346 cpv. 1 lett. a CPC)

Appeal Inadmissible Due to Untimely Filing in Rent Arrears Enforcement Case

Cited in the reasoning when discussing the inadmissibility of a request for restitution in integrum in summary proceedings.

11.2007.141 · ti (art. 346 segg. CPC)

Spousal Support Modification and Retroactivity Appeal

Mentioned in reasoning regarding the procedure required to request reimbursement of undue enrichment, but not explicitly cited in the dispositive orders.

11.2008.2 · ti (art. 346 lett. d CPC)

Heir's Appeal for Restitution of Estate Valuation Rejected Due to Lack of Decisive New Evidence

Cited extensively in the reasoning, though not directly in the operative part, regarding the requirement for a decisive document justifying the restitution in integrum.