Art. 56 Schweizerische Zivilprozessordnung (ZPO) - Gerichtliche Fragepflicht

10/2015/15 · sh (Art. 56 ZPO)

Firework Injury Claim Dismissed for Insufficient Substantiation of Work Incapacity

Cited in relation to the limited scope of the court's duty to question parties regarding unclear submissions, especially when a party is legally represented and the opponent has pointed out deficiencies.

AbR.1986.87.Nr.14 · ow (Art. 56 ZPO)

Employment Dispute Suspension Requires Substantive Grounds, Not Just Procedural Efficiency

This provision allows for the suspension of proceedings, but the court found that significant reasons beyond mere procedural economy are required.

ZK 2014 476 · be (Art. 56 ZPO)

Tax Assessment Decisions as Enforcement Titles in Summary Proceedings

The court addressed the general procedural principles regarding the court's duty to clarify statements, as cited by the appellant.

ZK 2014 497 · be (Art. 56 ZPO)

Loss Certificates as Enforcement Titles in Tax Debt Cases

The Tribunal applied the judge's duty to question the parties for clarification when submissions are unclear in summary proceedings.

CC.1998.922 · ne (art. 56 al.2 CPC)

Subcontractor's Lien Registration Upheld Despite Owner's Payment to General Contractor

Cited in the reasoning regarding the interpretation of the claim amount, but not in the dispositive orders.

HOR.2025.26 · ag (Art. 56 ZPO)

Seller v. Buyer (Non-payment of Photovoltaic Components)

Cited in relation to the court's duty to inquire when the plaintiff's claims are unclear, contradictory, indeterminate, or obviously incomplete.

CACIV.2025.38 · ne (art. 56 CPC)

Tenant Eviction Upheld Despite Harmless Notice Errors

Cited in the reasoning when discussing the trial court's duty to clarify ambiguities in procedural acts.

DGV.2025.2 · bs (§ 56 Abs. 2 GOG in Verbindung mit Art. 47 ZPO)

Recusal Denial Based on Procedural Rulings in School Transfer Appeal

This provision was the basis for dismissing the request for recusation (Ausstandsgesuch).

Z2 2024 70 · zg (Art. 56 ZPO)

Child Support Recalculation and Custody Adjustment Appeal

Refers to the court's duty to inquire into facts, which supports the court's active role in investigating the case, particularly in child welfare matters.

ZSU.2025.29 · ag (Art. 56 ZPO)

Plaintiff Denied Opportunity to Prove Debt for Undelivered Goods

Cited as a basis for the court's duty to inquire and clarify when party submissions are unclear, contradictory, imprecise, or obviously incomplete, and noting its limitation in this context.

DGV.2025.4 · bs (§ 56 Abs. 2 GOG in Verbindung mit Art. 47 ZPO)

Motion for Judicial Disqualification Denied Due to Insufficient Evidence of Bias

The court used this provision to determine that no grounds for disqualification existed against the challenged judge, leading to the dismissal of the motion.

C1 24 177 · vs (Art. 56 ZPO)

Architecture Contract Dispute: Fees, Damages, and Inadmissible New Evidence on Appeal

Cited in the reasoning to clarify that the court's application of law ex officio does not exempt the appellant from their obligations to substantiate and prove their claims.

LF250030 · zh (Art. 56 ZPO)

Appeal Regarding Nullification of Bearer Bonds Dismissed for Insufficient Evidence of Creditor Status

Mentioned in the reasoning (E. 3.3) as the basis for the lower court's duty to inform the party about required information, but not explicitly in the final orders.

C1 23 40 · vs (Art. 56 CPC)

Mixed Sales and Construction Contract Payment Dispute with Defect Notification Timeliness Ruling

Cited as the basis for the requirement that the first instance judge should have questioned the appellant regarding the incomplete evidence (Exhibit 33).

PD250001 · zh (Art. 56 ZPO)

Landlord's Appeal Dismissed for Procedural and Meritless Arguments in Tenant Deposit Dispute

Court's duty to question parties to clarify facts.