Art. 55 Schweizerische Zivilprozessordnung (ZPO) - Verhandlungs- und Untersuchungsgrundsatz

10/2015/15 · sh (Art. 55 Abs. 1 ZPO)

Firework Injury Claim Dismissed for Insufficient Substantiation of Work Incapacity

Cited as the general procedural rule requiring parties to state the facts supporting their claims.

RBOG.2021.Nr.7 · tg (Art. 55 Abs. 1 ZPO)

Failure to Substantiate Claimed Costs Through Invoices

Cited as a basis for the principle that parties must state the facts supporting their claims, which relates to the insufficient substantiation found.

AbR.2004.05.Nr.9 · ow (Art. 55 Abs. 1 ZPO)

Appellant's Failure to Ensure Delivery of Judgment Voids Appeal

This provision states that the president of the court checks the procedural prerequisites ex officio, which is part of the court's duty in the case.

MA120003.L.U · zh (Art. 55 Abs. 1 ZPO)

Rent Increase Dispute: Excessive Return Defense and Calculation of Construction Costs

This article was cited when explaining the general principle of party submissions and specifying evidence requirements in ordinary proceedings, which is contrasted with the simplified procedure.

MA120003.L.U · zh (Art. 55 Abs. 2 ZPO)

Rent Increase Dispute: Excessive Return Defense and Calculation of Construction Costs

This article was cited in relation to the court's duty to establish facts in simplified proceedings, contrasting it with the strict substantiation duty in ordinary proceedings.

ZZ.2000.6 · so (§ 55 Abs. 2 lit. a ZPO)

Cantonal Support Claim Against Out-of-Canton Couple: Jurisdiction and Standing Objections

Cited as the basis for jurisdiction being a procedural prerequisite that leads to non-entry into the action if absent.

ZZ.2000.6 · so (§ 55 Abs. 2 lit. c ZPO)

Cantonal Support Claim Against Out-of-Canton Couple: Jurisdiction and Standing Objections

Cited as the basis for party capacity being a procedural prerequisite.

ZZ.1989.5 · so (§ 55 Abs. 2 lit. c ZPO)

Plaintiff's Loss of Authority Over Post-Bankruptcy Asset Claim

This provision determined the ground for upholding the appeal by concluding that the court should not have ruled on the merits because a procedural prerequisite (the appellant's authority to conduct the proceedings) was lacking.

ZZ.1989.4 · so (Art. 55 Abs. 2 lit. a ZPO)

Seller v. Buyer (Arbitration Clause Validity in GTCs)

This provision appears in the heading and is the subject of the case, implying it is the basis for the decision regarding the validity of the arbitration clause, although the dispositive orders themselves are not fully provided, the context strongly suggests this is the primary legal ground being discussed/applied concerning arbitration clauses in general procedural law.

ZZ.1988.11 · so (§ 55 ZPO)

Municipality Possessory Protection for Formerly Public Land Used for Parking

Cited as the basis for the court to examine its jurisdiction and the admissibility of the prohibition procedure ex officio.

ZZ.1985.38 · so (§ 55 Abs. 2 lit. c ZPO)

Association Dissolution Upon Issuance of Certificate of Loss

This provision is listed as a legal basis in the heading, although its direct application in the operative part is implied by the dismissal based on loss of legal capacity.

ZZ.1984.8 · so (§ 55 Abs. 2 lit. e ZPO)

Possessory Injunction Barred by Prior Judgment and Lack of Actual Possession

Used to justify the inadmissibility of the appeal request due to the existence of a prior final judgment concerning the same subject matter (res iudicata).

ZZ.1984.7 · so (§ 55 Abs. 2 lit. c ZPO)

Shareholder Appointment Validates Corporate Capacity Over Register Entry and Dissolution Status

This provision, in conjunction with Art. 54 ZGB, appears to be the substantive legal basis for the overall decision regarding the capacity to sue of the corporation.

ZZ.1982.7 · so (§ 55 Abs. 2 lit. e ZPO)

Creditor's Untimely Request for Enforcement Authorization Lacks Legal Interest

The lack of legal interest, as defined by this provision, was identified as an unmet procedural prerequisite leading to the non-entry of the case.

ZZ.1979.3 · so (§ 55 sol. ZPO)

Condominium Administrator Lacks Standing for Assignee Warranty Claims

Used as the procedural basis for not entering into the merits of the application due to missing prerequisites for processing (lack of procedural capacity).