Art. 39 Schweizerische Zivilprozessordnung (ZPO) - Adhäsionsklage

VVGE.2001.02.Nr.37 · ow (Art. 39 ff. ZPO)

Petrol Station Removal Clause Upheld

These provisions of the Civil Procedure Code are invoked as a legal basis for the joinder of parties (Beiladung) through reference in the VGV.

ZZ.2000.6 · so (§ 39 ZPO)

Cantonal Support Claim Against Out-of-Canton Couple: Jurisdiction and Standing Objections

Mentioned in the reasoning regarding the optional nature of joint litigation (simple joinder of parties) and the possibility for the defendants to request separation of proceedings under this rule.

S 2023 10 · zg (Art. 39 ZPO)

Qualified Disloyal Business Management: Damages, Jurisdiction, and Procedural Costs Allocation

Cited in the reasoning for determining territorial jurisdiction for the adhesion claim (Dispos. 1.6 of the reasoning section).

9.2021.4 · ti (art. 39 cpv. 2 CPC/TI)

Protection Authority Representative Appointment Overturned Due to Lack of Expert Assessment

Cited in the reasoning when discussing alternative procedural possibilities available to the lower court if protection law provisions were inapplicable.

11.2008.132 · ti (art. 39 cpv. 2 CPC ticinese)

Child Support Modification and Legal Aid Grant on Appeal

Cited in the facts section (C) as a procedural instruction given to the defendant.

Pdt.TC.2010.17 · vd (Art. 39 al. 1 let. c CPC)

Appeal Regarding Partial Success and Cost Allocation

Cited in the reasoning concerning the suspension of the appeal deadline due to holidays.

ZK1 2009 32 · gr (Art. 39 Abs. 2 ZPO)

Community Appeal on Void Cost Decree Following Ignored Postponement Request

Mentioned in the reasoning (E. and 4.a/b) concerning the exclusion from proceedings for failure to pay the cost advance, although the main dispositive (order 1) focuses on the procedural error concerning Art. 29 Abs. 2 BV.

Pdt.TC.2009.33 · vd (art. 39 al. 1 let. b CPC)

Appeal Regarding Appointed Counsel Fees in Divorce Case

Applied to confirm the appeal was filed on time, considering the summer recess period.

12.2008.24 · ti (art. 39 cpv. 2 CPC)

Appellant v. Debtor: Procedural Flaw in Compelling Counsel Retention

Cited in the reasoning which underpins the judgment, requiring the judge to order the party to retain counsel when they appear incapable of conducting the case clearly, a failure which led to the appeal being upheld.

12.2008.25 · ti (art. 39 cpv. 2 CPC)

Appellant v. Respondent on Void Execution Debt and Procedural Error in Granting Grace Period

The court found that the lower court should have applied this article to order the defendant to retain legal counsel, which omission prejudiced the appellant.

PZ 2008 136 · gr (Art. 39 Abs. 1 ZPO)

Security for Costs in Debt Annulment Appeal Granted Due to Debtor's Financial History

Cited in order 2 to rule that the costs of this security procedure remain with the main case (Prozedur).

PZ 2008 136 · gr (Art. 39 Abs. 1 ZPO)

Security for Costs in Debt Annulment Appeal Granted Due to Debtor's Financial History

Cited in the dispositive, in conjunction with Art. 41, to define the sanction for failure to deposit the required security.

PZ 2008 136 · gr (Art. 41 i.V.m. Art. 39 Abs. 1 ZPO)

Security for Costs in Debt Annulment Appeal Granted Due to Debtor's Financial History

Cited in the dispositive for imposing the sanction (deemed withdrawal/dismissal) if the security payment is not made.

ZB 2007 41 · gr (Art. 39 Abs. 1 ZPO)

Appeal Regarding Dismissal for Failure to Pay Court Cost Deposit

The lower court based the dismissal of the main actions on this provision, although the appeal regarding the costs resulting from this dismissal was ultimately unsuccessful.

ZB 2007 24 · gr (Art. 39 Abs.1 ZPO)

Plaintiff v. Canton (Hotel Raid Dismissal and Cost Deposit Non-Payment)

The court confirmed that the lower court correctly dismissed the case based on this provision due to the non-payment of the security deposit.