Art. 349 Schweizerische Zivilprozessordnung (ZPO) - Urkunde über eine Geldleistung

10/2008/1A · sh (Art. 349 Abs. 2 ZPO)

Paternity Contest During Separation: Burden of Proof and Evidence Admissibility

Cited alongside Art. 177 Abs. 1 ZPO regarding the general admissibility of new evidence in the appeal proceedings, but ultimately overridden by the principle of inquiry (Art. 254 Ziff. 1 ZPO) concerning the core issue.

OG 1991 34 · lu (§ 349 Abs. 2 ZPO)

Lugano Convention Impact on Swiss Civil Procedure for Recognition and Enforcement

Applied analogously to decide on enforcement requests without hearing the debtor in non-monetary enforcement proceedings.

C/16174/2025 · ge (art. 349 CPC)

Foundation v. Debtor (Debt Seizure Appeal)

Cited in the reasoning to confirm that the notarial act constitutes an enforceable title for definitive lifting of opposition regarding the monetary claim.

BZ 2023 4 · zg (Art. 349 ZPO)

Pledge Enforcement on Shares Despite Cancellation and Jurisdictional Challenge

The public document concerning the monetary claim is deemed a definitive legal opening title according to Art. 349 ZPO.

10/2003/11 · sh (Art. 349 Abs. 2 i.V.m. Art. 177 Abs. 1 ZPO)

Children v. Father's Foundation: Reverse Piercing of Liechtenstein Entity

Cited in relation to the appeal concerning the withdrawal of members from the board of trustees, which was considered a new fact.

40/2008/65 · sh (Art. 349 Abs. 2 ZPO)

Appeal of Maintenance Order Premature for Modification Due to Pending Appeal Addressing Same Income Issue

Cited in conjunction with Art. 361 Abs. 1 ZPO regarding the introduction of new facts in the appeal procedure.

14.2018.93 · ti (Art. 349 CPC)

Appellant v. Respondents (Asset Seizure for Unreturned Property Advance)

Cited in the dispositive orders as the basis for the title allowing the execution of the seizure, relating to the notarial deeds.

217.II · vd (Art. 349 al. 1 CPC)

Child Support Modification and Transfer of Personal Relations Claim Appeal

This procedural rule regarding the examination of jurisdiction was cited in the context of correcting the lower court's error concerning the transmission of the personal rights action.

CCC.1995.6871 · ne (art. 349 CPC)

Disputed Bodywork Payment and Untimely Expertise Request Appeal

Cited in the reasoning regarding the judge's obligation to briefly motivate the rejection of a means of proof.

OG 1993 24 · lu (§ 349 Abs. 2 ZPO)

Personality Rights Infringement Injunction Over Publication Denial

While mentioned in the Leitsatz (Headnote), it is not explicitly cited in the final operative part/dispositive, so it is excluded based on the strict rule.

OG 1993 28 · lu (§ 349 ZPO)

Enforcement of Child Visitation Rights Due to Insufficient Substantiation

This provision governing the inquiry powers of the enforcement judge is referenced in the headnote describing the case context, though the final order relies on § 282 Abs. 1 lit. a ZPO for dismissal.

OG 1992 35 · lu (§ 349 Abs. 1 ZPO)

Possessory Injunction Oral Motion Sufficiency

This provision allows for oral applications in the command procedure, which was taken into account when assessing the sufficiency of the application.