Question juridique clé
Whether a reconsideration remedy exists under the new Lucerne CCP for summary UR proceedings.
Solution extraite
No. The new procedural code provides an exhaustive list of proceedings and remedies, leaving no room to import the reconsideration remedy from administrative procedure law.
Motifs extraits
Because the new CCP is highly detailed and exhaustively regulates proceedings and remedies, gap-filling by borrowing administrative procedural rules is impermissible; the court may not create a remedy the legislature did not provide.