Questão jurídica principal
Whether the cantonal appellate court had jurisdiction to review the alleged invalidity of the withdrawal of claim in conciliation proceedings.
Decisão extraída
No. A challenge to the invalidity of a settlement, claim withdrawal, or acknowledgment of claim must be brought by revision before the court that decided the matter last on the merits; the appellate court is not competent.
Fundamentação extraída
Under Art. 328(1)(c) CPC, defects affecting a claim withdrawal are to be asserted by revision. Revision lies with the court that rendered the last decision in the matter. By contrast, appeal and complaint are to be filed with the appellate court. Therefore, the justice of the peace, not the Obergericht, was competent.