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Legal Compass: Case-law on partial actions and counterclaims for a negative declaratory judgment

  • Switzerland

    13-08-2020

    The Swiss Civil Procedure Code (CPC), in force since 1 January 2011, excludes a counterclaim if it is subject to another type of court procedure than the main action (Article 224 para. 1 CPC).

    For partial claims with a value in dispute not exceeding CHF 30’000 this legal provision led to unsatisfactory situations since simplified court proceedings generally prevented the defendant from filing a counterclaim for a negative declaratory judgment in order to have the non-existence of the remaining claim determined.

    The Federal Tribunal has thus granted counterclaims for a negative declaratory judgment a special treatment and ruled in favour of their admissibility even if the applicable type of procedure is different.

    Read more here.

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