Art. 152 Schweizerische Zivilprozessordnung (ZPO) - Recht auf Beweis

4A_326/2025 (Art. 152 CPC)

Declaratory action on assignment of loan claims — inadmissibility due to availability of performance action

Used to address the burden of proof regarding the assignment of claims.

C/9130/2024 · ge (art. 152 CPC)

Refusal of Additional Witness Examination Based on Evidence Sufficiency

Basis for the right of a party to have the court administer adequate means of proof.

CMPEA.2025.35 · ne (Art. 152 CPC)

Child Custody Relocation Best Interest Determination

The appellant invoked a violation of the right to evidence based on this article in her grounds for appeal, although the court ultimately rejected this claim.

C/12487/2021 · ge (art. 152 al. 1 CPC)

Tenants' Rent Claim Dismissed as Abuse of Right Due to Strategic Delay

Mentioned in the reasoning regarding the right to adduce adequate means of proof, but not explicitly cited in the final dispositive orders (except implicitly when discussing the admissibility of evidence, which was not the deciding factor for the final outcome).

C/20324/2023 · ge (art. 152 al. 1 CPC)

Security for Costs in Unfair Competition Claim Denied Despite Financial Distress Allegations

Cited when assessing the request for production of an unredacted judgment, which was ultimately deemed unnecessary based on the likelihood standard.

C/23649/2022 · ge (Art. 152 al. 1 CPC)

Salesperson Commission and Bonus Dispute Amidst Supply Shortage

Cited regarding the right to provide adequate means of proof.

ZKBER.2023.61 · so (Art. 152 Abs. 1 ZPO)

Architect Agreement Termination and Cost Estimate Dispute

This provision establishes the right of a party to have admissible evidence taken, which was relevant to the refusal of the request for expert evidence.

C/1228/2024 · ge (Art. 152 al. 1 CPC)

Intermediary Contract Termination Disputes: Penalties, Commissions, and Witness Testimony

Cited implicitly as the basis for allowing parties to bring proof concerning pertinent and contested facts (Order 1).

C/20513/2022 · ge (art. 152 CPC)

Lease Termination Dispute Following Tenant Death and Occupant Status

Cited in the context of the right to evidence, which the court found was not violated.

NG240006.O · zh (Art. 152 Abs. 1 ZPO)

Commercial Subletting of Residential Units Justifies Contract Termination

Cited in relation to the appellant's claim that the court failed to take evidence, which the appellate court rejected by affirming the right to evidence is not absolute and allows for anticipated evidence appraisal.

ZK1 2024 5 · sz (Art. 152 Abs. 1 ZPO)

Husband v. Wife: Marital Property Division and Valuation Date Modification

The court states that each party has the right to have the court consider the evidence they have validly offered.

C/18916/2019 · ge (art. 152 al. 1 CPC)

Tenants v. Landlord: Humidity, Mold, and Evidentiary Errors in Lease Dispute

Cited to establish the parties' right to have adequate means of proof administered.

C1 22 161 · vs (Art. 152 al. 1 CPC)

Purchasers' Warranty Claim Reinstated Against Two-Year Prescription Period

Cited in the reasoning regarding the right to request evidence, relevant to the rejection of the request for a complementary expert opinion.

C/2668/2022 · ge (art. 152 al. 1 CPC)

Employee Compensation for Untaken Night Hours Leave

Cited in the context of the appellant's complaint regarding the violation of the right to evidence, although the court ultimately deemed the substantive ground decisive.

LB240021 · zh (Art. 152 Abs. 1 ZPO)

Appeal Regarding Contract Termination and Evidentiary Hearing Requirement

Cited in the reasoning as the basis for the violation of the right to evidence (which led to the remittal under Art. 327 (3) lit. a ZPO).