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ORCO
CH
CH
Art. 146 Bundesgesetz vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (OR)
OR; Erste Abteilung: Allgemeine Bestimmungen; Vierter Titel: Besondere Verhältnisse bei Obligationen; Erster Abschnitt: Die Solidarität; A. Solidarschuld; II. Verhältnis zwischen Gläubiger und Schuldner; 1. Wirkung; c. Persönliche Handlung des Einzelnen
Art. 146 OR
Ein Solidarschuldner kann, soweit es nicht anders bestimmt ist, durch seine persönliche Handlung die Lage der andern nicht erschweren.
Gerichtsentscheide zu dieser Bestimmung (15)
2021.12.14.zr.1 · bl (Art. 146 OR)
Dispute over Guaranteed Minimum Payments and Currency Conversion Rates Dismissed
Cited in relation to joint liability.
400.21.103 · bl (Art. 146 OR)
Contract Manufacturing Dispute: Impossibility, Breach, and Exchange Rates
Cited in relation to joint and several liability.
16.2013.28 · ti (Art. 146 CO)
School Meal Fees Liability Appeal
Cited to state that a solidary debtor cannot personally aggravate the position of the others.
ARMC.2013.87 · ne (Art. 146 CO)
Canton and Commune v. Taxpayer: Validity of Certificate of Default Against Spouse for Joint Tax Liability
This article, concerning the personal act of one of the joint debtors, was cited during the analysis regarding the scope of the certificate of debt against the husband concerning the wife.
HC.2012.658 · vd (art. 146 CO)
Lessee Liability for Eviction Costs Post-Divorce
Cited in the reasoning discussing the lack of liability for the fault of a co-debtor, which underlies the decision to exonerate the appellant from part of the costs.
AP.2011.89 · vd (Art. 146 CO)
Property Sellers Joint Liability for Contractual Penalty Appeal
The court discussed the application of this article regarding the non-aggravation of co-debtors' positions by one debtor's personal actions, though ultimately finding it not applicable in the dispositive.
HC.2011.154 · vd (Art. 146 CO)
Lessee Not Liable for Eviction Execution Costs After Vacating
Used to establish that only the ex-husband is responsible for the costs related to the forced execution due to his sole action.
HC.2011.143 · vd (Art. 146 CO)
Tenant Liability for Eviction Costs in Joint Tenancy
The court used this article to rule that the costs related to the forced execution could only be charged to the recalcitrant tenant and not the appellant.
CCC.2009.62 · ne (Art. 146 CO)
Spousal Joint Liability and Deed of Default in Debt Enforcement
Cited to argue that one joint debtor cannot worsen the position of the others through personal actions, in relation to the effect of the husband's default certificate on the wife.
36.2008.102 · ti (art. 146 CO)
Claimant's Liability for Ex-Husband's Health Insurance Premiums Post-Separation
Cited in the reasoning to exclude the wife's liability for additional charges incurred by the husband.
36.2006.22 · ti (art. 146 CO)
Spousal Liability for Health Insurance Premiums Limited to Principal Amount
Used to determine that the wife is only jointly and severally liable for the husband's premiums, not for ancillary collection costs incurred due to the husband's default.
16.2013.28 · ti (art. 146 CO)
School v. Separated Parents Over Unpaid Canteen Fees
Cited regarding the principle that a joint and several debtor cannot worsen the position of others by their personal actions.
36.2006.22 · ti (art. 146 CO)
Spousal Liability for Health Insurance Premiums and Procedural Error in Enforcement Costs
Cited in the reasoning to determine that joint and several liability only extends to the premiums, excluding procedural costs and interest incurred by the husband.
36.2007.140 · ti (art. 146 CO)
Spousal Liability for Health Insurance Premiums vs. Enforcement Costs
Cited in the reasoning to support the exclusion of joint liability for administrative costs incurred by the debtor's default.
36.2014.68 · ti (Art. 146 CO)
Health Insurer Debt Liability and Installment Request Upheld in Part
Cited in the reasoning to support the principle that a joint debtor cannot aggravate the position of others through their own acts (relevant to excluding liability for accessory costs).