Art. 398 Schweizerische Zivilprozessordnung (ZPO) - Verfahren

HC.2012.11 · vd (Art. 398 CPC)

Revision of Arbitral Award Denied Due to Failure to Present Evidence Earlier

Cited as the legal basis for the application of Art. 330 CPC for the final rejection of the revision request.

16.2010.34 · ti (art. 398 cpv. 1 CPC)

Employer Appeal Dismissed for Untimely Filing

Cited in the reasoning regarding the deadline for appeal in cassation, though the finding of inadmissibility is procedural.

16.2010.34 · ti (art. 398*bis* CPC)

Employer Appeal Dismissed for Untimely Filing

Cited in the reasoning to confirm that the deadline is not suspended by judicial holidays.

16.2010.29 · ti (art. 398 cpv. 1 CPC)

Wage Claim Assignment Appeal Timeliness

Cited in the reasoning to establish the 10-day term for appeal in labor contract disputes, which leads to the finding that the appeal was late.

16.2009.53 · ti (art. 398 cpv. 1 CPC)

Driver v. Rental Car Company: Untimely Appeal Dismissed

Cited in the reasoning to establish the 10-day deadline for appeal in labor contract cases (though not explicitly in the dispositive orders 1-3).

16.2007.109 · ti (art. 398 cpv. 1 CPC)

Employer Appeal of Unpaid Wage Award Dismissed for Untimely Filing

Cited as the provision setting the 10-day deadline for filing a cassation appeal in labor contract cases.

12.2007.140 · ti (art. 418 e 398 CPC)

Abusive Termination and Unpaid Wages Appeal Dismissed for Untimely Filing

These articles established the procedural basis for the appeal being declared inadmissible due to lateness.

11.2006.21 · ti (art. 398 cpv. 1 CPC)

Heir's Appeal Against Security for Costs and Denial of Legal Aid in Inheritance Inventory Dismissed

Cited to confirm the deadline for appealing the decision on security for costs in this accelerated procedure.

CCC.2006.68 · ne (Art. 398 al.1 CPC)

Premature Dissolution of Marital Home Co-Ownership Overturned

The court mentioned this procedural article when discussing the non-appealable nature of the lower court's order, which was a key factor in the court's decision to quash the order.

CCC.2006.68 · ne (art.398 al.1 CPC)

Premature Dissolution of Marital Home Co-Ownership Overturned

Mentioned in the reasoning when discussing the lack of appealability of the lower court's order, which impacted the appellant's ability to assert his rights.

12.2005.206 · ti (art. 398 CPC)

Untimely Appeal Due to Expiration of Postal Holding Period for Judgment Notification

Although this article establishing the appeal deadline was cited in the reasoning, it was the tardiness based on this deadline that led to the inadmissibility ruling in the operative part, which is the main ground for the decision.

12.2006.46 · ti (art. 398 cpv. 1 CPC)

Appeal Regarding Furniture Sales Contract Nullity and Debt Collection Proceedings

Mentioned in the reasoning to establish the deadline for the appeal, but not explicitly cited in the dispositive orders (I, II, or III).

12.2003.113 · ti (art. 398 cpv. 2 CPC)

Appeal Granted Suspensive Effect in Wage Dispute

This article, cited in the reasoning before the final orders, appears to govern the granting of the requested suspensive effect in the appeal.

CC.2002.39 · ne (art. 398 alinéas 2 et 3 CPC)

Divorce Appeal: Parental Authority, Spousal Support Modification, and Pension Division

Mentioned in the reasoning regarding the admissibility of new claims in the appeal (related to the inadmissibility ruling).

12.2003.7 · ti (art. 418 e 398 cpv 2 CPC)

Appeal Suspension Denied for Lack of Proven Irreparable Harm from Monetary Judgment

These articles regulate the application of the requested measure, which is the rejection of the request for suspension of effect.