Art. 4 Schweizerisches Zivilgesetzbuch (ZGB)

BGE 151 III 261 (Art. 4 ZGB)

Child support surplus distribution under two-stage concrete method: standard "large and small heads" allocation unless pre-separation lifestyle demonstrably frugal, with cap only to preserve prior living standard.

Main ground for the verdict: basis for the court's discretion in limiting the child's surplus share.

A/221/2022 · ge (art. 4 du Code civil du 10 décembre 1907 (CC – RS 210))

Public Transport Employee Dismissal for Gross Misconduct and Threats

Cited in the reasoning as the rule allowing the judge to rule according to law and equity when assessing just cause for termination (Art. 337 CO analogy).

RBOG.2021.Nr.9 · tg (Art. 4 ZGB)

Tenant Eviction: Premature Proceeding Before Legal Aid Ruling

Mentioned by the court to clarify that its decision was not an exercise of discretion under this article.

BGE 145 III 153 (Art. 4 ZGB)

Ancillary appeal cost allocation after main appeal withdrawal and lapse under Art. 313 ZPO.

Standard for the court's discretionary decision on cost distribution regarding the ancillary appeal.

ZK 2015 147 · be (Art. 4 ZGB)

Appeal Against Cost Decision in Provisional Measures Order

Cited as the underlying principle governing the exercise of discretion in applying Art. 104 Abs. 3 ZPO.

RBOG.2014.Nr.6 · tg (§ 4 EG ZGB)

Approval of Final Report After Protective Representation Termination

Cited in the preamble section heading regarding the cantonal regulation of single-judge competencies.

ZK 2008 334 · be (art. 4 CC)

Pension Division in Divorce: Equitable Indemnity for Emigrated Vested Benefits

Applied by the court to deem the outcome equitable when applying the indemnity based on Art. 124 CC.

ZKREK.2009.20 · so (Art. 4 ZGB)

Spousal Support Appeal Regarding Visitation Expenses and Child Support Allocation

Cited as the basis for the general evaluation required in the assessment of maintenance payments (Alimentenbemessung).

RBOG.2005.Nr.6 · tg (Art. 4 ZGB)

Spousal Support: Imputation of Willfully Reduced Income

Cited in the context of allowing self-inflicted impairment of the subsistence minimum to be accepted based on equity.

22 04 116 · lu (Art. 4 ZGB)

Hague Convention Return Denial Upheld Based on Children's Will

Cited in the reasoning regarding the margin of discretion granted to the lower court when assessing Art. 13 Abs. 2 HEntfÜ.

22 03 72 · lu (Art. 4 ZGB)

Spousal Assignment of Foreclosed Marital Home Based on Beneficiary Interest

The judge must decide according to law and equity, as mentioned in the context of the allocation decision under Art. 137 ZGB.

RBOG.2002.Nr.7 · tg (Art. 4 ZGB)

Marital Protection Proceedings: Justification Required for Ordering Separation of Property Based on Irreconcilable Breakdown

Cited as the basis for considering the 'entire circumstances' when evaluating the grounds for ordering separation of property.

ZZ.1998.5 · so (Art. 4 ZGB)

Child Custody Determination: Balancing Expert Opinion and Child Welfare Criteria

Cited as the general principle requiring the court to make a value judgment when applying the criteria for child custody.

CC.10082 · ne (art. 4 [CC])

Insurer's Right to Recourse Against Architect and Engineer for Port Dike Collapse

Cited as the basis allowing the judge to rule freely on the recourse amount guided by the rules of law and equity.

ZZ.1980.20 · so (Art. 4 ZGB)

Adoption Consent Dispensation Balancing Test

Cited in the reasoning as the legal basis for the discretion required when applying the 'Kann-Vorschrift' of Art. 265c ZGB, which must lead to a non-arbitrary decision based on objective consideration of interests.