210
ZGBCC
CH
CH
Art. 649 Schweizerisches Zivilgesetzbuch (ZGB)
ZGB; Erste Abteilung: Das Eigentum; Achtzehnter Titel: Allgemeine Bestimmungen; C. Gemeinschaftliches Eigentum; I. Miteigentum; 7. Tragung der Kosten und Lasten
Art. 649 ZGB
Die Verwaltungskosten, Steuern und anderen Lasten, die aus dem Miteigentum erwachsen oder auf der gemeinschaftlichen Sache ruhen, werden von den Miteigentümern, wo es nicht anders bestimmt ist, im Verhältnis ihrer Anteile getragen.
Hat ein Miteigentümer solche Ausgaben über diesen Anteil hinaus getragen, so kann er von den anderen nach dem gleichen Verhältnis Ersatz verlangen.
Gerichtsentscheide zu dieser Bestimmung (43)
SGSTA.2012.81 · so (Art. 649 ZGB)
Taxpayer's Mortgage Interest Deduction Limited to Economic Share in Co-Ownership
Cited to support the presumption that costs and burdens, including mortgage interest, are to be allocated proportionally based on co-ownership shares.
ZOR.2024.53 · ag (Art. 649 Abs. 1 ZGB)
Co-owner's Ongoing Liability for Joint Property Expenses Despite Moving Out
This provision governs the cost-sharing among co-owners and was applied because the defendant failed to prove a deviating agreement.
C/1305/2022 · ge (art. 649 CC)
Divorce Property Liquidation Indemnity Calculation Appeal
Cited to govern the sharing of administration costs, taxes, and other common charges in co-ownership, including mortgage interest and amortization.
C/5816/2023 · ge (art. 649 al. 1 et 2 CC)
Divorce Appeal: Property Division Upheld, Spousal Support Duration Extended Due to Long Marriage and Invalidity
Cited in the reasoning section regarding the sharing of co-ownership expenses, relevant to the claim for reimbursement of dog expenses which was dismissed.
C/5335/2021 · ge (art. 649 al. 2 CC)
Divorce Judgment Appeal: Marital Asset Division and Real Estate Sale Deadline
Cited in the context of the appellant's claim that the co-owner owes him half the value of the work carried out on the common property, which is a core issue of the appeal.
400.2024.37 · bl (Art. 649 ZGB)
Public Auction Ordered for Co-Owned Land Division Over Physical Partition
This article is analogously referenced regarding the equal sharing of costs between parties, influencing the proposed distribution of auction proceeds and related expenses.
C/16259/2020 · ge (art. 649 CC)
Property Division and Spousal Support in Marriage Dissolution Involving Co-owned Family Home
The court applied this article to recognize the appellant's right to claim reimbursement for the cost of replacing the boiler.
ZK1 2019 48 · gr (Art. 649 ZGB)
Divorce Ancillary Consequences: Maintenance, Property Division, and Child Protection Costs Appeal
Cited regarding costs and burdens associated with the sale of property.
C1 21 180 · vs (Art. 649 Abs. 2 ZGB)
Co-ownership Proceeds Division Based on Contractual Quotas
Cited in the context of compensation for investments beyond the ownership share, but denied due to lack of proof.
C/25608/2017 · ge (art. 649 CC)
Divorce Settlement: Child Maintenance, Property Division, and Debt Allocation
Cited as the basis for obligating the husband to reimburse the wife for paying mortgage amortization alone.
C/1280/2014 · ge (Art. 649 al. 1 CC)
Co-Ownership Partition and Soulte Dispute
Cited regarding the sharing of costs, taxes, and other charges resulting from co-ownership.
C/8754/2016 · ge (art. 649 al. 1 CC)
Divorce Property Liquidation and Spousal Support Appeal
Cited regarding the obligation of co-owners to bear charges resulting from co-ownership.
C/8754/2016 · ge (art. 649 al. 2 CC)
Divorce Property Liquidation and Spousal Support Appeal
Cited regarding the right of recourse for a co-owner who pays more than their share of the charges.
11.2016.64 · ti (art. 649 cpv. 1 CC)
Co-ownership Dissolution and Equalization Payment Calculation Appeal
Cited to support the decision that the appellant must participate in the costs of restoring the two apartments.
SGNEB.2016.2 · so (Art. 649 ZGB)
Surviving Partner's Property Maintenance Costs Not Deductible as Estate Debt
The court discussed this article as a potential basis for the claim but concluded it was not applicable because the property maintenance costs were deemed to have been split equally.