Art. 315 CPC from 2024
Art. 315 Effects and Procedure of an Appeal Suspensive effect
1 The legal effect and enforceability of those parts of the contested decision to which the applications in the appeal relate shall be suspended.
2 The appeal does not have suspensive effect if it is filed against a decision on:a. the right of reply;b. interim measures.c. directions to debtors;d. the security provided for maintenance. (1)
3 If the appeal is against an organisational decision, it shall always have suspensive effect. (1)
4 If the party concerned is threatened with not easily reparable harm, the appellate court may on request:a. authorise early enforcement and, if necessary, order protective measures or the provision of security; orb. exceptionally defer enforceability in the cases referred to in paragraph 2. (1)
5 The appellate court may decide before the appeal is filed. The order is automatically cancelled if no grounds for the first instance decision are requested or the deadline for the appeal expires unused. (1)
(1) (2)
(2) (3)
(3) (4)
(4) Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 ([AS 2023 491]; [BBl 2020 2697]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
