Art. 289 Schweizerische Zivilprozessordnung (ZPO) - Rechtsmittel

OGVE.2018.19.Nr.2 · ow (Art. 289 ZPO)

Joint Divorce Petition Amendments Equivalent to Withdrawal Upon Appeal

Mentioned as the legal basis for appealing a divorce decision only due to defects of consent, but not the primary ground for the actual orders in this case.

C/20854/2020 · ge (Art. 289 al. 1 CPC)

Spousal Support Offset Against Preliminary Payment in Marital Dissolution

Cited in the reasoning concerning the requirement for the appellant to prove diligence when introducing new facts or evidence on appeal.

LC220010 · zh (Art. 289 ZPO)

Appeal Dismissed for Insufficient Substantiation in Mutual Consent Divorce Case

Cited regarding the specific ground (defects of consent) required to challenge the divorce itself granted upon joint request.

HC.2020.319 · vd (Art. 289 CPC)

Divorce Property Transfer Contingent on Mortgage Release

Cited in reasoning related to the scope of appeal concerning divorce granted by joint request.

LC190002 · zh (Art. 289 ZPO)

Husband's Appeal on Divorce Decree and Spousal Support Rejected

Cited to clarify that appeals against divorce agreements in cases of mutual divorce requests can only be based on defects of consent.

HC.2019.27 · vd (art. 289 CPC)

Divorce Agreement Ratification and Spousal Support Waiver Appeal

Cited in the introductory section listing applicable provisions, this article governs appeals against judgments pronouncing divorce based on a mutual petition.

101 2017 264 · fr (art. 289 CPC)

Appeal on Divorce Decree Financial Provisions Regarding Child Maintenance Based on Changed Circumstances

Cited in the reasoning (1.5) concerning the limited grounds for appeal against a divorce decree based on a mutual application.

101 2017 381 · fr (Art. 289 CPC)

Divorce Decree Appeal Regarding Spousal Support Duration and Ambiguous Pension Clause

Cited in the reasoning regarding vitiated consent for the divorce judgment itself, but not explicitly in the final orders for the appeal ruling.

HC.2018.111 · vd (Art. 289 CPC)

Appellant v. Respondent: Annulment of Divorce Effects Convention Based on Undisclosed Asset

This provision limits the grounds for appeal in a divorce decision based on a joint request with full agreement, which frames the scope of the appeal review in this case.

HC.2018.36 · vd (Art. 289 CPC)

Reconciliation After Joint Divorce Petition Filing

This article was discussed in the reasoning regarding the scope of appeal for a divorce based on mutual request, but the final decision bypassed its application by admitting the joint appeal to withdraw the divorce request.

HC.2015.916 · vd (Art. 289 CPC)

Mutual Consent Divorce Revocation During Appeal

Mentioned in the reasoning as the limit on the grounds for appeal in cases of divorce by mutual request, though the admission of the appeal was based on the mutual withdrawal of the request before the judgment became final.

HC.2015.667 · vd (Art. 289 CPC)

Appeal Against Ratified Divorce Agreement Denied Due to Unsubstantiated Claims of Duress

Cited in the reasoning for limiting the scope of the appeal regarding the divorce pronouncement to vices of consent, which leads to the rejection of conclusion II.

LC140017 · zh (Art. 289 ZPO)

Spousal Property Division and Attorney Fees Appeal

Cited regarding the limited grounds for appealing a divorce decree based on a joint application.

C/7994/2013 · ge (Art. 289 CPC)

Divorce Decree Appeal Based on Error and Language Barrier

This provision governs the grounds for appeal in a divorce by joint application, cited in the context where the appeal challenges the divorce decree based on a vitiated consent.

HC.2013.854 · vd (Art. 289 CPC)

Spouses' Joint Appeal to Revoke Divorce Consent Before Final Judgment Granted

This provision is cited in the discussion regarding the ground for admitting the appeal against the divorce judgment.