Question juridique clé
Whether the cantonal appeal against the divorce judgment was filed within time under the transitional CPC rules
Solution extraite
For appeals, the applicable law is the law in force when the judgment was communicated; thus the CPC governed the appeal time limit and its suspension during judicial recesses.
Motifs extraits
Art. 405(1) CPC applies to remedies and ensures uniform application of procedural law. Therefore, even though first instance proceedings remained under cantonal law, the appeal deadline and judicial recess rules were determined exclusively by the CPC. The appeal filed on 24 January 2013 was therefore late.