|
Art. 85 Action for an unquantified debt
1 If it is impossible or unreasonable to quantify the amount of the debt at the start of the proceedings, the plaintiff may bring an action for an unquantified debt. However, the plaintiff must indicate a minimal amount as a provisional value in dispute. 2 Once evidence is taken or the required information furnished by the parties or third parties, the court shall set a deadline for the parties to quantify their claim.55 The seised court maintains competence even if the value in dispute exceeds its material jurisdiction. 55 Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). |