Art. 190 Schweizerische Zivilprozessordnung (ZPO)

10/2004/7 · sh (Art. 190 ZPO)

Constitutional Right to Be Heard vs. Prohibition on Party Self-Testimony

The provision limiting the use of personal questioning as evidence to the opposing party was found to be unconstitutional in this specific case where the appealing party was in a situation of evidentiary need.

ZZ.1994.14 · so (Art. 190 ZPO)

Expert Disqualification and Request for Higher Opinion in Real Estate Dispute

Cited in conjunction with § 93 lit. f GO to analogously apply judge impartiality rules to experts.

C/16570/2022 · ge (art. 168 et 190 CPC)

Divorce Appeal: Custody, Support, Marital Home, and Pension Division Modification

Cited in the reasoning to qualify the SEASP report as evidence subject to free assessment.

LB230048 · zh (Art. 190 Abs. 2 ZPO)

Debt Validity Upheld Despite Usury and Duress Claims

Cited in the context of written statements from witnesses, stating that they do not replace witness testimony.

HG210208 · zh (Art. 190 Abs. 2 ZPO)

Media Outlet Defamation Case Dismissed

Cited regarding the court's authority to obtain written information from witnesses.

C/23376/2022 · ge (art. 190 N 8 Vouilloz, PC CPC)

Eviction Upheld Despite Lease Authenticity Dispute; Execution Stay Granted

Cited in the reasoning as a reference on the active participation of parties in evidence administration.

C/6777/2020 · ge (art. 190 CPC)

Parental Rights, Custody Relocation, and Maintenance Adjustments Appeal

Cited in the reasoning section (2.1.2) regarding the nature of the SEASP report as evidence.

C/4478/2021 · ge (art. 168 et 190 CPC)

Custody and Support Modification Following Parental Conflict

Cited regarding the nature of evidence (including social evaluation reports) in the context of the unlimited inquisitorial maxim.

C/12552/2021 · ge (art. 190 al. 1 CPC)

Appeal Regarding Spousal Maintenance and Disability Pension Consideration in Marital Proceedings

The court stated that required information could be requested directly from official services if not provided by the parties.

C/23999/2021 · ge (art. 190 al.1 CPC)

Mother's Appeal of Paternity Acknowledgment and Custody Agreement Denied

Cited in the reasoning regarding the court's power to request written information from official services.

PS220141 · zh (Art. 190 Abs. 2 ZPO)

Bankruptcy Proceedings Voided Due to Inadequate Debtor Notification

The decision was sent back to the lower court for a new hearing based on this procedural provision.

C/24194/2019 · ge (art. 168 et 190 CPC)

Custody Modification Based on De Facto Shared Parenting and Support Adjustment

Cited to qualify the SEASP report as evidence.

LE190043 · zh (Art. 190 Abs. 2 ZPO)

Spousal Support, Child Custody, and Cost Allocation Appeal

Allows for requesting written information from third parties in legal proceedings.

C/11739/2013 · ge (art. 190 CPC)

Father's Appeal Regarding Modification of Provisional Visitation Measures

Cited as the provision under which the expert report constitutes evidence.

LE170001 · zh (Art. 190 Abs. 1 ZPO)

In re Marriage of Garcia: Custody, Support, and Visitation Dispute

Duty of the court to gather information, including from external authorities.