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BGE 37 II 515 ΓÇó Appeal security for costs denied despite insolvency
BGE 37 II 515Amtliche Sammlung des Bundesgerichts (BGE) / Band II21.10.1911Dismissed
The Federal Court rejected the respondent’s request that the appellant be ordered to provide security for costs in the appeal proceedings. It held that Art. 26 BZP does not apply in appeal proceedings because Art. 85 OG excludes it. Security is governed instead by Art. 213 OG, which requires a fixed domicile but does not impose security merely because a party is insolvent.
Art. 85 OG; Art. 213 OG; security for appeal costs; insolvency not a ground for caution. In appeal proceedings, the duty to furnish security is governed exclusively by Art. 213 OG. The analogous application of Art. 26 BZP is excluded by Art. 85 OG. Unlike Art. 26 BZP, Art. 213 OG does not make insolvency a ground for security; it requires such security only where the party lacks a fixed domicile. A request for caution based solely on insolvency must therefore be dismissed (consid. ...).