Art. 87 Schweizerische Zivilprozessordnung (ZPO) - Gestaltungsklage

ZK1 2022 172 · gr (Art. 87 ZPO)

Servitude Relocation and Modification Dispute: Appellate Court Partially Grants Review but Upholds Dismissal of Specific Claims

Cited regarding the requirements for a declaratory action (Gestaltungsklage) where no compensation needs to be paid (Art. 87 ZPO not explicitly used in the final orders, but mentioned in reasoning for non-decision).

A/4298/2016 · ge (Art. 87 CPC)

Insurer's Failure to Terminate Contract Renders Exclusion Void

Cited in the reasoning when distinguishing the claim seeking annulment of the exclusion as a declaratory action (Art. 88 CPC) rather than a formative action (Art. 87 CPC).

VV180003 · zh (§ 87 i.V.m. § 84 Abs. 1 ZPO/ZH)

Court Denies Most Recusal Requests, Dismisses Claims Outside Jurisdiction

This provision is cited for the rejection of the request for legal aid due to the lack of prospects of success of the recusal applications.

VV180004 · zh (§ 87 i.V.m. § 84 Abs. 1 ZPO/ZH)

Recusal Requests in Civil Enforcement and Bankruptcy Proceeding

Cited in the reasoning section to justify the dismissal of the request for free legal aid due to the hopelessness of the applicants' requests.

VV180005 · zh (§ 87 i.V.m. § 84 Abs. 1 ZPO/ZH)

Estate Partnership Recusal and Ancillary Claims Dismissal

Applied to reject the request for appointment of free legal counsel because the applicant's requests were deemed hopeless.

VV180006 · zh (§ 87 i.V.m. § 84 Abs. 1 ZPO/ZH)

Recusal Application Against District Court Members and Staff Denied

Used to reject the request for appointment of free legal aid because the applicant's requests were hopeless.

VV180007 · zh (§ 87 i.V.m. § 84 Abs. 1 ZPO/ZH)

Recusal Requests and Procedural Demands in Composition Proceedings Appeal

Used to reject the application for the appointment of a free legal representative because the main applications were deemed hopeless.

VV180008 · zh (Art. 87 i.V.m. § 84 Abs. 1 ZPO/ZH)

Recusal Motions and Jurisdictional Limits in Composition Action

Cited in the dispositive for the dismissal of the request for free legal aid because the claims were deemed hopeless.

VV180009 · zh (§ 87 i.V.m. § 84 Abs. 1 ZPO/ZH)

Recusal Requests Against Judges and Staff in Ongoing Litigation

Basis for rejecting the request for the appointment of a free legal counsel because the requests were futile.

BGLEU Z1 14 30 · vs (Art. 87 ZPO)

Association v. Landowner (Aviation Servitudes and Letter of Intent)

The court addressed the primary claim on the merits (granting easements) as a declaratory judgment under this article.

AbR.1994.95.Nr.12 · ow (Art. 87 ZPO)

Attorney's Fees in Moderation Proceedings

Cited as the procedural obligation of lawyers to submit a detailed bill of costs, which was not done in this case, leading to the risk of the court estimating the fee.

KK.2013.00026 · zh (Art. 87 ZPO)

Employer Lacks Standing for Declaratory Judgment on Insurance Policy Cancellation

Cited as the legal basis for a declaratory action.

HG090209 · zh (§ 87 ZPO/ZH)

Plaintiff Fails to Prove Damages and Causation in Personal Injury Case

Legal basis for appointing a legal representative for the plaintiff who was granted legal aid.

LQ110009 · zh (Art. 84 i.V.m. § 87 ZPO/ZH)

Spousal and Child Support Reduction Denied Due to Sufficient Inherited Assets

Basis for appointing legal aid for the respondent in the appeal proceedings.

LP100095 · zh (§ 87 ZPO/ZH)

Spousal Support Modification Based on Actual Post-Separation Earnings

Applied in relation to the conditions for granting free legal representation, which were found not to be met by the appellant.