Art. 85 Schweizerisches Zivilgesetzbuch (ZGB)

VB.2007.00475 · zh (Art. 85 ZGB)

Foundation Deed Amendment Remanded for Factual Clarification

This article, dealing with foundation law, was cited in the context of the final orders, although the main ground for the decision was the incomplete clarification of facts.

ZK1 2020 31 · sz (Art. 85 Abs. 1 ZGB)

Matrimonial Property Division Appeal Regarding Admissibility of Post-Settlement Attorney Costs

Cited analogously in the reasoning regarding cost allocation for the unquantified claim, though ultimately not applied for the final cost decision.

840.19.206 · bl (§ 85 Abs. 2 EG ZGB)

Dementia Patient's Estate Liable for Compulsory Psychiatric Care Costs

This provision designates the President of the Cantonal Court as competent for decisions on costs related to protective measures in urgent cases.

52.2018.216 · ti (art. 85 CC)

Revocation of State Representative Appointment and Procedural Review

Cited in support of the rule that modifications to the organization or purpose of the foundation can only be ordered by the competent federal or cantonal authority following a proposal from the supervisory authority and after involving the foundation's body.

B-565/2015 (Art. 85 ZGB)

Descendants' Right to Appoint Foundation Board Validated

The primary legal basis for the court's decision regarding the refusal to approve the change in the foundation's organization.

2012.04.11.vv.2 · bl (Art. 85 ZGB)

Foundation Charter Modification Dispute Regarding Land Use and Board Structure

Cited as the legal basis for the Regierungsrat's decision-making authority regarding changes to foundation purposes.

ML.2011.87 · vd (Art. 85 al. 1 CC)

Fiduciary Mortgage Notes Foreclosure and Partial Debt Exigibility

Cited in the reasoning regarding the abstraction of the claim incorporated in the land charge certificate (though the decision's ground for modifying the original ruling relies on the pactum de non petendo, Art. 872 CC, the court uses Art. 82 LP in the dispositive context by modifying the relief granted based on the substantive findings).

GE.2006.0102 · vd (art. 85 et 86 CC)

Foundation Heirship Standing and Administrative Oversight

Cited in the reasoning regarding the supervisory authority's power to propose organizational or purpose modifications.

C-2371/2006 (Art. 85 ZGB)

Pension Fund Board Composition Dispute

This article, concerning the approval of significant organizational changes by the conversion authority, was applied to determine the applicability of the new Stiftungsrat composition to the existing foundation statutes.

ZF 2004 4 · gr (Art. 85 Abs. 4 EG zum ZGB)

Estate Division and Collation of Lifetime Transfers

Applied by the court to exercise its discretionary power regarding the allocation of procedural costs in the appeal proceedings for an inheritance division claim.

ZF 2004 4 · gr (Art. 85 Abs. 4 EG zum ZGB)

Estate Equalization Dispute Regarding Lifetime Transfers and Specific Bequests

Used to decide the costs of the appeal proceedings at the discretion of the judge.

ZF 2002 68 · gr (Art. 85 Abs. 3 EG zum ZGB)

Estate Division Following Second Marriage: Marital Property Rights, Will Interpretation, and Heirship Claims

This provision regarding the court's power to order further evidence was mentioned in the reasoning, but not in the final orders.

ZF 2002 41 · gr (Art. 85 Abs. 3 EG zum ZGB)

Inheritance Dispute: Write-Off of Personal Receivable and Collation Under Dutch Law

Cited in the reasoning section regarding the court's ability to order further evidence in inheritance division cases, but not in the final orders.

ZF 2002 41 · gr (Art. 85 Abs. 3 EG zum ZGB)

Appellants v. Heir (Advancement on Inheritance Dispute)

Cited to justify the court's power to order further evidence, including witness testimony, in inheritance division cases.

11.2000.143 · ti (art. 85 CC)

Foundation Signature Authority Amendment Challenge

This provision sets the substantive conditions under which the organization of a foundation can be modified, and the court used it to annul the contested modification.