Art. 316 Schweizerische Zivilprozessordnung (ZPO) - Verfahren vor der Rechtsmittelinstanz

11.2022.157 · ti (art. 316 cpv. 3 CPC)

Child Custody Modification and Support Appeal Moot Due to Child Reaching Majority

Cited to state that requests for evidence should be directed to the appellate court, not based on the first instance's refusal.

ZKBER.2025.30 · so (Art. 316 Abs. 1 ZPO)

Mother v. Father: Child Support Calculation Appeal

Cited in the reasoning section as the basis for deciding the appeal without a hearing, although not explicitly in the final orders, procedural rules used to frame the decision process are sometimes implicitly linked if they lead to the final outcome structure. However, based strictly on the rule to include only articles cited in the dispositive, this one is technically excluded as it's not in orders 1-5. (Revisiting based on strict rule: only include if in orders 1-5).

ZKBER.2025.3 · so (Art. 316 Abs. 1 ZPO)

Estate Information Disclosure Timeline Dispute

Cited for the court's power to decide on the appeal without a hearing based on the files.

101 2025 73 · fr (Art. 316 al. 1 CPC)

Child Maintenance Calculation Appeal Including Income Adjustment and Cost Fluctuation

Cited in the reasoning concerning the possibility for the Court of Appeal to order hearings or rule on documents.

ZKBER.2025.46 · so (Art. 316 Abs. 1 ZPO)

Incarceration for Child Support Obligor's Criminal Acts Against Payee

Cited in the reasoning as the basis for deciding the case without a hearing, but not explicitly used in the final orders, hence excluded based on strict rules.

101 2024 255 · fr (Art. 316 al. 1 CPC)

Parental Authority and Child Support Modification Appeal

Cited in the reasoning (1.7) regarding the Court of Appeal's power to order hearings or rule on documents.

101 2023 335 · fr (Art. 316 al. 1 CPC)

Divorce Judgment Appeal: Spousal Support Limitation and Revised Child Support Allocation

Cited in the reasoning to confirm that the court can decide based on the file without holding a hearing.

ZVE.2025.23 · ag (Art. 316 Abs. 1 ZPO)

Child Support Agreement Affirmed Despite Retroactive Payment Dispute

Cited for the court's ability to decide based on the case files without a hearing.

101 2024 432 · fr (Art. 316 al. 1 CPC)

Appeal Regarding Joint Custody and Child's Domicile Denied

Mentioned to state that the Court of Appeal could rule on the written submissions, which it did in the final order.

C/11140/2022 · ge (art. 316 al. 3 CPC)

Ex-Wife's Maintenance Appeal and Matrimonial Asset Division Dispute

Cited in the reasoning section regarding the limits of evidence-taking in appeal proceedings.

ZKBER.2025.26 · so (Art. 316 Abs. 1 ZPO)

Custody and Support Appeal Regarding Minor Children

Cited as the basis for deciding the matter without a hearing based on the case files.

C/7775/2023 · ge (Art. 316 al. 3 CPC)

Landlord Lease Termination Upheld Despite Tenant Extension

Used to justify the court's decision to reject the request for a new hearing of the administrator.

101 2024 395 · fr (art. 316 al. 1 CPC)

Custody and Support Modification in Marital Separation Appeal

Cited regarding the court's power to order hearings or rule based on the file.

101 2025 96 · fr (art. 316 al. 1 CPC)

Mother v. Father: Child Support, Arrears, and Marital Property Liquidation Appeal

Cited in the reasoning (consid. 2.3) regarding the court's power to order a hearing or rule on the file.

101 2025 141 · fr (Art. 316 al. 1 CPC)

Father Retains Exclusive Custody Despite Mother's Appeal Regarding Domestic Violence History and Visitation

Cited to justify the court's decision to rule on the basis of written submissions (without an oral hearing).