Art. 2 Schweizerisches Zivilgesetzbuch (ZGB)

BGE 151 III 440 (Art. 2 Abs. 2 ZGB)

Subordination of shareholder loans in bankruptcy requires proven over-indebtedness at loan grant; mere liquidity crisis or failure of third-party financing test insufficient for abuse of rights.

Legal basis for rejecting the abuse-of-rights defense, since no over-indebtedness existed at loan grant.

100 2020 424 · be (Art. 2 Abs. 2 ZGB)

Appeal Concerning Remuneration for External Audit Under Public-Law Contract

Cited in E. 2 to invoke the principle of good faith to prevent the invocation of formal defects in a contract if it constitutes an abuse of rights.

VVGE.1993.94.Nr.27 · ow (Art. 2 Abs. 2 ZGB)

Neighbor's Petition vs. Objection, Appeal Rights, and Building Permit Revocation

Cited to discuss the prohibition of abuse of rights.

VVGE.2003.04.Nr.17 · ow (Art. 2 Abs. 2 ZGB)

Building Permit Procedure, Noise Certificates, and Complaint Withdrawal

The court considered this provision regarding the potential abuse of rights, specifically in relation to the withdrawal of a building objection for a fee, and found it was not applicable in this case for the final dismissal of this argument.

AbR.2006.07.Nr.2 · ow (Art. 2 ZGB)

Piercing the Corporate Veil of Family Foundations and Invalid Maintenance Foundation.

Cited as the legal principle of prohibition of abuse of rights, applicable to the issue of 'Durchgriff' (piercing the corporate veil).

2C 11 31 · lu (Art. 2 Abs. 2 ZGB)

Execution for Maintenance Upheld Despite Defect in Order; Set-off Claim Rejected

The prohibition of abuse of rights (Rechtsmissbrauch) is a superior legal principle that must be observed in all legal applications.

RBOG.2011.Nr.2 · tg (Art. 2 Abs. 2 ZGB)

Abusive Exercise of Rights in Challenging Employment Leasing Contract Validity After Full Performance

It is the main legal ground used to determine that the appeal based on the formal defect of the personnel leasing contract was an abuse of rights.

RBOG.2010.Nr.3 · tg (Art. 2 ZGB)

Landowner Claim for Rent Adjustment Based on Unforeseen Land Value Increase Denied

Cited as a legal basis for adapting a building right contract due to changed circumstances.

KG ARGVP 2010 3555 · ar (Art. 2 Abs. 1 ZGB)

Directory Service Provider v. Unauthorized Signatory (AGB Liability)

The contract clause was deemed contrary to the principle of good faith and therefore non-binding for the defendant.

ZK 2009 440 · be (Art. 2 ZGB)

Enforcement of Child Support Despite Alleged Visitation Interference

Cited in the dispositive section (III.3) as the legal provision concerning the alleged abuse of rights in the execution of the judgment.

ZK 2008 581 · be (Art. 2 Abs. 2 ZGB)

Employee/CEO Overtime Claim Denied as Abuse of Rights Due to Delayed Assertion

The core substantive finding is that the delayed assertion of the claim for overtime compensation constitutes an abuse of right (Rechtsmissbrauch).

C3 06 20 · vs (Art. 2 ZGB)

Trade Secret Protection Overrides Document Production in Evidence Admission Appeal

This article was invoked to establish that the opponent's request for document production constituted an abuse of right, leading to the annulment of the decision.

C1 05 101 · vs (Art. 2 ZGB)

Revocability of Collation Waiver in Testamentary Disposition and Contractual Binding

Invoked by the Federal Supreme Court to support the binding nature of declarations under the principle of good faith (Vertrauensprinzip), relevant to interpreting the contract of December 4, 1992.

VK.2004.00002 · zh (Art. 2 Abs. 2 ZGB)

Enforcement of Unfulfilled Public-Law Development Agreement Despite Formal Defects

The court relies on this provision to uphold the claim despite the formal invalidity of the contract, considering the refusal to fulfil the remaining claim as an abuse of right.

RBOG.2000.Nr.2 · tg (Art. 2 Abs. 2 ZGB)

Spousal Support Determination Under Revised Divorce Law: Needs, Ability to Pay, and Pension Provision

Mentioned in the context of potential refusal or reduction of support due to abuse of right (Art. 125 Abs. 3 ZGB).