Questione giuridica chiave
Whether the filing had to be treated as an appeal under the CPC despite being labeled as a recourse under former cantonal procedure.
Decisione estratta
No conversion was allowed because the appellant was represented by counsel and expressly filed a remedy based on the former cantonal procedure, although the correct appellate route under the CPC had been indicated.
Motivazione estratta
Under Art. 405(1) CPC, the applicable remedy is determined by the law in force when the decision is notified. Since the correct remedy was appeal under Arts. 308 et seq. CPC, and counsel deliberately chose the wrong remedy, the act could not be converted.