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BGE 35 II 364 ΓÇó Appeal inadmissible for insufficient value in dispute
BGE 35 II 364Amtliche Sammlung des Bundesgerichts (BGE) / Band II15.06.1908Inadmissible
Goldschmidt appealed to the Federal Court against a Luzern cantonal judgment dismissing his action for negative declaratory relief against a rent claim of CHF 537.50. The Federal Court held that the value in dispute was only the single rent installment contested, not the aggregate of all future rent payments under the lease. Article 54(2) OG applies only where the existence of the recurring claim as such is disputed. Because the amount therefore remained below the minimum appeal value, the court did not enter into the appeal.
Art. 53, 54 Abs. 2 and 59 OG; value in dispute in actions concerning recurring lease payments. Art. 54 Abs. 2 OG on the capital value of recurring performances applies only where the right to the recurring performance is disputed as such; if only a single instalment is contested, the amount in dispute is determined by that instalment alone under Art. 53 OG. The aggregate of future instalments is not relevant in such a case. If the resulting amount does not reach the statutory minimum of Art. 59 OG, the federal appeal is inadmissible (consid. on valuation of the claim).