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BGE 25 II 555 ΓÇó Written appeal requires reasoned brief within deadline
BGE 25 II 555Amtliche Sammlung des Bundesgerichts (BGE) / Band II13.05.1899Inadmissible
The Federal Court held that, in the written appeal procedure applicable because the amount in dispute was below CHF 4,000, the appellant had to submit a reasoned appeal brief within the appeal period. The plaintiff's filing only stated that the lower-court judgment insufficiently considered the record and promised later reasons; this did not satisfy the statutory formal requirement. The appeal was therefore not entered upon.
Art. 67 Abs. 4 O.G.; written appeal procedure and requirement of a reasoned brief within the appeal period. Where the written appellate procedure applies, the appeal declaration is only effective if accompanied, within the statutory deadline, by a brief setting out the grounds of challenge. A mere reference to the file or an unparticularized criticism of the judgment does not replace the required reasoning. The brief is a formal element of the appeal and cannot be filed later to cure the defect; otherwise the written procedure cannot be opened by communication to the opposing party for response (consid. 1).
gehört und daher binnen der Berufungsfrist geschehen muß, un statthaft. Demnach hat das Bundesgericht erkannt: Auf die Berufung des Klägers wird nicht eingetreten.