210
ZGBCC
CH
CH
Art. 936 Schweizerisches Zivilgesetzbuch (ZGB)
ZGB; Dritte Abteilung: Besitz und Grundbuch; Vierundzwanzigster Titel: Der Besitz; C. Bedeutung; II. Rechtsschutz; 4. Verfügungs- und Rückforderungsrecht; d. Bei bösem Glauben
Art. 936 ZGB
Wer den Besitz einer beweglichen Sache nicht in gutem Glauben erworben hat, kann von dem früheren Besitzer jederzeit auf Herausgabe belangt werden.
Hatte jedoch auch der frühere Besitzer nicht in gutem Glauben erworben, so kann er einem spätern Besitzer die Sache nicht abfordern.
Gerichtsentscheide zu dieser Bestimmung (14)
HC.2019.296 · vd (Art. 936 CC)
Mortgage Note Restitution Appeal and Provisional Deposit Order
Cited in the discussion regarding the appellant's lack of standing (quality to sue) based on prior possession of the movable property (the notes).
2014.05.13.zr.1 · bl (Art. 936 Abs. 1 ZGB)
Ownership Dispute: Summary Proceedings Dismissed Due to Unclear Good Faith
The court found that the legal situation regarding a claim for return under this article was not clear enough for provisional relief.
400.14.72 · bl (Art. 936 Abs. 1 ZGB)
Vehicle Lease Dispute: Expedited Relief Denied Due to Unclear Ownership
The court's decision not to grant the request for summary proceedings was based on the finding that the legal situation regarding the claim under this provision was not clear.
HG120008 · zh (Art. 933 bis Art. 936 ZGB)
Used Car Dealer's Failed Claim for Unencumbered Ownership Against Leasing Company Over Vehicle with Liechtenstein Registration Restriction
These articles govern possessory rules relevant to the case.
HG120008 · zh (Art. 936 Abs. 1 ZGB)
Used Car Dealer's Failed Claim for Unencumbered Ownership Against Leasing Company Over Vehicle with Liechtenstein Registration Restriction
Used to determine that the vehicle belongs to the defendant because the plaintiff acted in bad faith.
LB130029 · zh (Art. 936 ZGB)
Stolen Art Recovery Claim Dismissed Under Swiss Law on Acquisition from Entitled Party
This article formed the substantive basis for the claim regarding the right to the return of the painting, although the claim was ultimately rejected based on the finding that the defendant acquired the item from a rightful owner.
LB110003 · zh (Art. 936 Abs. 1 ZGB)
Heir's Claim for Stolen Painting Dismissed Due to Failure to Prove Bad Faith Acquisition
Referenced in the discussion regarding the requirements for the possessory action against a defendant who has not acquired the property in good faith.
LB110003 · zh (Art. 936 Abs. 2 ZGB)
Heir's Claim for Stolen Painting Dismissed Due to Failure to Prove Bad Faith Acquisition
Referenced in the context of excluding the right to recovery for a bad faith possessor.
BKBES.2009.67 · so (Art. 936 Abs. 1 ZGB)
Antiquities Forfeiture Dispute: Civil Possession vs. Criminal Investigation
Cited to explain the burden of proof distribution in the context of determining entitlement.
C/14603/1997 · ge (art. 936 CC)
Appellant v. Bank (Restitution of Gold Coins)
The claim under this article was rejected because the good faith of the acquirer (the bank) was established.
CC.1997.729 · ne (art.936 CC)
Hotel Fixture Restitution Due to Lack of Good Faith Acquisition
Cited in the reasoning in combination with Art. 714 al. 2 CC to determine if the defendant acquired ownership, justifying the order for restitution.
HG120008 · zh (Art. 936 Abs. 1 ZGB)
Dealer v. Leasing Company over Forged Vehicle Title
The Tribunal concluded that the defendant (Beklagte) had a better right to the vehicle based on this provision, leading to the dismissal of the plaintiff's main claim 1 (Art. 936 Abs. 1 ZGB was used in the reasoning that led to the dismissal in point 1 of the final orders).
LB110003 · zh (Art. 936 Abs. 1 ZGB)
Restitution Claim for 1914 Avant-Garde Painting Denied Due to Insufficient Proof of Defendant's Bad Faith in 1989 Acquisition
The decision states that the claim must be dismissed as the condition for the possession action (acquisition from a non-entitled person) was not met, which is linked to the substantive requirements of Art. 936 para. 1 ZGB (good faith).
LB130029 · zh (Art. 936 ZGB)
Heir's Claim for Stolen Painting Dismissed Based on Swiss Bona Fide Acquisition Rules
Art. 936 ZGB is the only legal basis considered for the release claim, as the period under Art. 934 para. 1 ZGB had expired.