Dismissal of the Complainant's Appeal and Recourse due to Abusive Litigation Conduct

Facts

In September 1988, Architect B. purchased a house from I. and committed in writing to pay the remaining debt of CHF 235,000. As B. did not pay the amount, I. initiated debt collection proceedings against him and obtained provisional debt enforcement. B. subsequently filed a claim with the Valais Cantonal Court seeking to deny the debt and asserted counterclaims for the repair of an alleged wall crack. On July 9, 1991, the Cantonal Court dismissed B.'s denial claim and ordered him to pay the outstanding purchase price. B. then filed a constitutional appeal and recourse with the Federal Supreme Court, seeking to have the Cantonal Court's judgment overturned and his denial claim upheld.

Considerations

Pursuant to Art. 36a(2) of the Federal Supreme Court Act, the Federal Supreme Court does not enter into the appeal and recourse, as the Claimant B.'s conduct in the Cantonal proceedings was aimed at systematic obstruction, and the invocation of the Federal Supreme Court can therefore only be considered an abuse of process. Through his behavior in the Cantonal proceedings, such as unjustified absence from hearings, B. has shown that his legal remedies are solely intended to delay the conclusion of the hopeless denial proceedings and thus the enforcement of the Defendant I.'s remaining claim.

The Federal Supreme Court refrains from even summarily examining the grounds for the appeal and recourse, as the decisive factor in the present case is that…