210
ZGBCC
CH
Art. 422 Schweizerisches Zivilgesetzbuch (ZGB)
ZGB; Dritte Abteilung: Der Erwachsenenschutz; Elfter Titel: Die behördlichen Massnahmen; Zweiter Abschnitt: Die Beistandschaften; B. Entlassung; I. Auf Begehren des Beistands oder der Beiständin
Art. 422 ZGB
Der Beistand oder die Beiständin hat frühestens nach vier Jahren Amtsdauer Anspruch auf Entlassung.
Vorher kann der Beistand oder die Beiständin die Entlassung aus wichtigen Gründen verlangen.
Gerichtsentscheide zu dieser Bestimmung (20)
9.2024.42 · ti (art. 422-423 CC)
Guardian Fee Claim Prescription Appeal
Cited in the reasoning in section 4 regarding resignation following a decision by the Protection Authority.
CMPEA.2022.56 · ne (art. 422 CC)
Curator Fee Dispute After Removal and Accounting Deficiencies
Cited as a rule for the end of the curator's functions based on the curator's request.
CMPEA.2021.54 · ne (Art. 422 al. 1 CC)
Curatorship Termination Due to Breach of Trust
The provision was cited in the dispositive order to support the allowance of the appeal based on the curator's right to be released after four years.
CMPEA.2021.54 · ne (Art. 422 al. 2 CC)
Curatorship Termination Due to Breach of Trust
The provision was cited in the reasoning preceding the dispositive, justifying the release of the curator based on just cause found by the court.
2021.01.20.vv.1 · bl (Art. 422 ZGB)
Father Denied Mandate Holder Replacement Due to Lack of Evidence and Child's Best Interests
Deals with the conditions and grounds for a guardian's release from their duties, relevant to the initial request for dismissal.
Arr.t.2015.348 · vd (Art. 422 al. 2 CC)
Guardian Relief and Procedural Costs Appeal
The appeal was directed against a decision maintaining the curator despite their request for release under this article.
Arr.t.2014.822 · vd (Art. 422 CC)
Curator Removal and Replacement Due to Protected Person's Condition and Complexity
Cited in the reasoning for the power to release the former curator from her mandate, leading to order I.
9.2013.286 · ti (art. 422 CC)
Guardianship Replacement Voided Due to Failure to Hear Ward
The court orders the lower authority to re-rule on the replacement request, taking into account the necessary prerequisites for the resignation of the current curator, referencing this article.
Arr.t.2014.110 · vd (Art. 422 al. 2 CC)
Guardian Denied Release from Curatorship Duties
The court rejected the appeal, confirming the lower court's decision not to release the curator before the four-year period based on insufficient grounds as per this article.
Pron.2013.152 · vd (Art. 422 al. 2 CC)
Appeal Declared Moot Due to Subsequent Relief from Guardianship
Mentioned as the legal basis for the lower court's decision which rendered the appeal moot (though not directly cited in the final orders, it's the underlying reason mentioned in the dispositive preamble, but crucially, Art. 242 CPC is what drives the procedural outcome in the dispositive).
NQ120027 · zh (Art. 422 Ziff. 5 ZGB)
Children's Inheritance Renunciation Overturned Due to Family Business and Home Security
The decision relates to the appeal against the rejection of consent for the declaration of renunciation of the inheritance, which required consent according to this provision in the lower instance.
Arr.t.2012.433 · vd (art. 422 ch. 7 CC)
Curatorship Revocation Appeal and Provisional Tutelage Overturn
Cited in the reasoning concerning the necessary consents for contracts between guardian and ward, which influenced the decision to confirm the refusal to approve the 2010 accounts.
Arr.t.2011.474 · vd (Art. 422 ch. 7 CC)
Curator's Removal and Void Brokerage Commissions Due to Unauthorized Family Contracts
Cited in the reasoning that justifies why the brokerage contracts without authorization were deemed invalid, leading to the dismissal of the appeal concerning their payment.
Arr.t.2010.92 · vd (Art. 422 ch. 5 CC)
Minors' Curatrix Inheritance Repudiation Authorization Appeal
Cited in the introductory section as the core substantive provision under which the lower court decision required supervisory approval.
Verwaltung ARGVP 2008 1470 · ar (Art. 422 Ziff. 5 ZGB)
Supervisory Authority Rejection of Guardian's Inheritance Renunciation on Behalf of Ward
The decision refused to consent to the renunciation of the inheritance based on the required approval by the guardianship supervisory authority stipulated in this article.