Questão jurídica principal
Whether the cantonal appellate court correctly declared the appeal inadmissible under Art. 405(1) CPC because the first-instance judgment had been communicated before 1 January 2011.
Decisão extraída
Yes. Dispatch of the written dispositive counts as communication; since it was sent on 13 October 2010, the former cantonal appeal regime applied and no appeal lay.
Fundamentação extraída
Under the transitional rule of Art. 405(1) CPC, the applicable remedy law is determined by the date of communication of the decision. Consistent case law holds that sending a written dispositive is sufficient communication and the dispatch date is decisive.