Appeal upheld: case referred back to the lower court for supplementary proceedings and a new decision

In July 2024, a cantonal civil law appeal authority upheld an appeal by Kanzlei König. In the appeal proceedings, the appellants complained that the lower court had violated a provision of civil procedure.

In the proceedings before the court of first instance, the appellants asserted a vindication of a property. The substantive legal basis was Art. 641 para. 2 of the Swiss Civil Code (CC; SR 210). According to this provision, the owner of a property has the right to reclaim the property from anyone who withholds it from him and to defend himself against any unjustified interference. The case is referred back to the lower court for supplementary proceedings and a new decision.

Kanzlei König can provide you with advice and representation in issues related to construction and real estate law.