Kernrechtsfrage
Whether an appeal filed by fax satisfies the requirement of a signed written appeal under the CPC.
Extrahierter Entscheid
No. A faxed appeal contains only a copy of the signature and does not meet the original-signature requirement; the appeal is therefore inadmissible without a cure period.
Extrahierte Begründung
Under Art. 130 para. 1 CPC and Art. 321 para. 1 CPC, appeal submissions must be written and signed. A party who uses fax knows the handwritten signature requirement is not met, so the defect cannot be cured later.