Art. 538 Schweizerisches Zivilgesetzbuch (ZGB)

KSK 2024 42 · gr (Art. 538 ZGB)

Liquidation of Undivided Estate Share Due to Indeterminate Value

Cited in reasoning section 5 regarding the place where the estate proceedings are opened, but not explicitly cited in the dispositive orders 1-7.

HC.2020.720 · vd (art. 538 CC)

Estate Domicile and Jurisdictional Dispute Over Deceased's Center of Interest

The decision upholds the principle that the estate opens at the deceased's last domicile, which is the core issue of the final order.

ZK2 2018 75 · sz (Art. 538 ZGB)

Inheritance Jurisdiction Based on Last Habitual Residence

The determination of the last domicile of the deceased, which establishes jurisdiction, is based on this provision.

HC.2015.56 · vd (Art. 538 al. 1, 558 al. 1 et 559 al. 1 CC)

Appeal Regarding Refusal to Issue Heir Certificate Due to Contested Holographic Wills

These provisions of the Civil Code concerning wills and certificates of inheritance were cited in the introductory summary, though the decision ultimately upheld the lower court's refusal to issue the certificate based on the overall context of the inheritance law dispute.

172.II · vd (Art. 538 al. 1 CC)

Heir Certificate Opposition Deadline Dispute

This article is cited in the context of the requirements for issuing the certificate of inheritance, related to the contested status of the heir.

FI.2007.0056 · vd (art. 538 al. 1 CC)

Municipality v. Tax Authority: Determination of Decedent's Domicile

Cited as the main legal basis defining where a succession opens (at the last domicile of the deceased).

A/4008/2006 · ge (art. 538 CC)

Creditor v. Enforcement Office: Sequestration Order Deficiencies and Right to Amend

Cited in the reasoning determining the competent enforcement office for a lien on an heir's share in an estate (location of succession opening).

FI.2004.0100 · vd (art. 538 al. 1 CC)

Tax Domicile of Deceased Under Inheritance Tax Law

Cited as the provision defining the opening place of the succession, which relies on the domicile established in the previous section.

FI.1999.0076 · vd (Art. 538 al. 1 CC)

Tax Authority Appeal on Jurisdiction for Deceased's Tax Inventory

Referenced concerning the place of opening of succession, relevant for fiscal domicile determination.

11.1999.89 · ti (art. 538 CC)

Heir's Appeal on Decedent's Domicile and Court Jurisdiction

Determines the competent authority for benefit of inventory applications based on the deceased's last domicile, which was the core issue of the dispute.