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IPRGLDIP
CH
CH
Art. 86 Bundesgesetz vom 18. Dezember 1987 über das Internationale Privatrecht (IPRG)
IPRG; 6. Kapitel: Erbrecht; I. Zuständigkeit; 1. Grundsatz
Art. 86 IPRG
Für das Nachlassabwicklungsverfahren und die erbrechtlichen Streitigkeiten sind die schweizerischen Gerichte oder Behörden am letzten Wohnsitz des Erblassers zuständig.
Vorbehalten ist die Zuständigkeit des Staates, der für Grundstücke auf seinem Gebiet die ausschliessliche Zuständigkeit vorsieht.
Gerichtsentscheide zu dieser Bestimmung (29)
15.2024.67 · ti (art. 86 cpv. 1 LDIP)
Heir's Interest Realization Upon Seizure of Inherited Estate Subject to Tax Debts
Cited in the reasoning as the basis for the referral to Swiss procedural law (CPC) concerning jurisdiction for dissolution.
C/19806/2022 · ge (Art. 86 al. 1 LDIP)
Estate Jurisdiction Dispute: Geneva vs. Germany Domicile
The decision confirms the lower court's finding of local jurisdiction based on the deceased's last domicile, which is the basis for Swiss authorities to take necessary measures for the settlement of the estate.
C1 22 87 · vs (Art. 86 al. 1 LDIP)
Estate Succession Jurisdiction Dispute: Domicile Determination for Partition Action
This provision governs jurisdiction for succession matters, and its application was implicitly confirmed by the rejection of the lack of jurisdiction defense (Art. 318 al. 1 let. b CPC) and the admission of the appeal.
C/4454/2022 · ge (art. 86 al. 1 LDIP)
Conservatory Measures for Deceased Husband's Estate Assets
Cited as the general rule stating that security measures are primarily the responsibility of the deceased's last domicile authority, which is set aside by Art. 89 LDIP in this specific case.
K 1 2018 · ai (Art. 86 IPRG)
Breach of Trust Justifying Revocation of Testamentary Bequest
Cited as a basis for establishing the international jurisdiction of the cantonal courts based on the deceased's last domicile.
11.2020.45 · ti (art. 86 cpv. 1 LDIP)
Inheritance Jurisdiction and Counsel Disqualification in Serbian Estate of Swiss Domiciliary
Cited in the reasoning regarding the competent court for inheritance proceedings, which supports the confirmation of the lower court's jurisdiction.
HC.2020.720 · vd (art. 86 LDIP)
Estate Domicile and Jurisdictional Dispute Over Deceased's Center of Interest
This federal law provision was used to address the international competence of Swiss courts regarding the settlement of the estate.
HC.2020.348 · vd (Art. 86 al. 1 LDIP)
Appeal on Provisional Measures Rejection and Subject Matter Identity Requirement
Cited in the reasoning concerning the jurisdiction of Swiss authorities in international succession matters.
HC.2020.177 · vd (Art. 86 LDIP)
Estate Jurisdiction Dispute: Domicile Determination Between France and Switzerland
Cited to establish the general rule for Swiss courts' jurisdiction based on the deceased's last domicile, forming the core of the dispute over competence.
C/25688/2016 · ge (Art. 86 al. 1 LDIP)
Inheritance Dispute Suspension Pending Foreign Succession Ruling
Cited as part of the legal basis establishing the competence of Swiss authorities for the part of the estate located in Switzerland when foreign authorities are not handling it.
HC.2018.129 · vd (Art. 86 al. 1 LDIP)
Succession Jurisdiction Over Lack of Domicile in Switzerland
The court confirmed the lower court's finding that it lacked jurisdiction because the deceased did not have his last domicile in Switzerland, based on this provision governing judicial authority in succession matters.
HC.2017.726 · vd (Art. 86 al. 2 LDIP)
Heir Appeals Jurisdiction Over Polish Real Estate in Estate Proceeding
The appeal was rejected based on the finding that the competence of the Swiss judge was well-founded, meaning the exclusive competence claimed under this provision was not granted.
C/11751/2014 · ge (Art. 86 LDIP)
Heir's Claim for Art Collection Information Against Auction Houses and Related Entities
Cited in the lower court's judgment which the appeal addressed regarding the jurisdiction for succession matters.
C/12359/2015 · ge (Art. 86 al. 2 LDIP)
Appeal Regarding Provisional Custody, Visitation, and Child Support in Marital Union Protection Case
Cited as the reason for declaring the appellant's conclusion regarding the exclusive use of the marital home (situated in France) inadmissible (leading to the annulment of ch. 2).
C1 15 82 · vs (Art. 86 al. 1 LDIP)
Spouse and Son v. Estate: Appeal on Deadline for Estate Repudiation Under Italian Law
Used to establish that Swiss authorities have jurisdiction regarding the opening of the succession.