Facts
The appellant A. and the respondent B. lived in a marriage-like relationship and jointly occupied B.'s former marital property together with B.'s children. In the context of the divorce of their marriage, B. acquired sole ownership of the property. The parties agreed on a simple partnership for the use and cost-bearing of the property. In 2003, they refinanced the existing mortgage with a new mortgage, for which both were jointly liable. In 2004 and 2008, they concluded further agreements. After the sale of two parcels, B. repaid the loan amount and then demanded payment of CHF 375,000.-- from A. Furthermore, there was a disagreement over the sale of a painting.
B. pursued A. for a claim of CHF 414,000.-- plus interest and filed a lawsuit before the Civil Court of Basel-City on September 23, 2013. She requested the conviction of A. to a payment of CHF 30,000.-- plus interest and the removal of the objection to the writ of execution, expressly reserving the right to claim additional amounts. The Civil Court convicted A. to pay CHF 30,000.-- plus interest and removed the objection to the writ of execution to that extent. The appeal filed by A. against this was dismissed by the Court of Appeal of the Canton of Basel-City in its decision of February 23, 2017.
Considerations
The Federal Court dismisses the appeal of A. against the decision of the Court of Appeal, to the extent that it is admissible.
The appellant's criticism that the decision of the Court of Appeal is invalid because it was only signed by the court clerk and therefore not lawfully served is unfounded. According to the case law, cantonal law may provide that only the court clerk signs, without this rendering the decision null and void or appealable under federal law.
To the extent that the appellant…