291
IPRGLDIP
CH
Art. 89 Bundesgesetz vom 18. Dezember 1987 über das Internationale Privatrecht (IPRG)
IPRG; 6. Kapitel: Erbrecht; I. Zuständigkeit; 4. Sichernde Massnahmen
Art. 89 IPRG
Hinterlässt der Erblasser Vermögen in der Schweiz und besteht keine Zuständigkeit nach den Artikeln 86–88, so ordnen die schweizerischen Behörden am Lageort die zum einstweiligen Schutz der Vermögenswerte notwendigen Massnahmen an.
Gerichtsentscheide zu dieser Bestimmung (11)
C/27156/1991 · ge (art. 89 LDIP)
Appellate Court Confirms Incompetence to Register Precautionary Restriction on Swiss Real Estate Due to Unproven Subsidiary Jurisdiction
The court addresses the appellants' claim regarding jurisdiction for provisional protection measures under this article, ultimately determining the measure requested was related to devolution, not provisional protection.
C/4454/2022 · ge (art. 89 LDIP)
Conservatory Measures for Deceased Husband's Estate Assets
The central provision whose competence for granting protective measures for assets located in Switzerland (foreign last domicile) was analyzed, although the specific requests under it were ultimately denied or confirmed as inadmissible based on procedural grounds.
LF220005 · zh (Art. 89 IPRG)
Estate Asset Freeze Denied: Third-Party Possession Requires Separate Action
Cited in the context of the legal basis for ordering protective measures for assets located in Switzerland when the deceased was last domiciled abroad.
HC.2021.944 · vd (Art. 89 LDIP)
Jurisdiction over Conservatory Inventory of Foreign Assets
This provision was the basis for confirming the lower court's decision to restrict the conservatory inventory to assets located in Switzerland.
C1 18 145 · vs (Art. 89 LDIP)
Official Estate Administration as Conservatory Measure Under Private International Law
The court implicitly confirms that the official administration ordered falls under the permissible provisional protection measures according to this article.
HC.2016.332 · vd (Art. 89 LDIP)
Jurisdiction Upheld in Provisional Measures for Italian Inheritance Assets
Although cited in the reasoning to establish jurisdiction, this provision was not explicitly cited in the dispositive orders (I to V).
11.2008.23 · ti (art. 89 LDIP)
Liechtenstein Foundation Granted Conservatory Measures to Maintain Corporate Standing of Panamanian/Argentine Subsidiaries
Cited implicitly in reasoning (point 3) regarding the definition of precautionary measures ('provvedimenti conservativi', 'provvedimenti d'urgenza').
11.1996.27 · ti (art. 89 LDIP)
Heirs v. Estate Administrator: Release of Assets Pending Foreign Proceedings
Used in the reasoning to justify Swiss jurisdiction to issue provisional conservatory measures regarding assets located in Switzerland.
11.1995.142 · ti (art. 89 LDIP)
Estate Heir Appeal Regarding Preliminary Injunction on Bank Accounts
Used by the first instance judge to establish jurisdiction for issuing precautionary measures concerning estate assets located in Switzerland when the deceased was domiciled abroad, although the reasoning later clarifies the specific measure applied here falls under Cantonal law.
LF110130 · zh (Art. 89 IPRG)
Heir Fails to Block Foreign Estate Assets in Swiss Bank Dispute
Mentioned in the appellant's submission (point 2 of the appeal requests), but the court decided that its potential violation was irrelevant as jurisdiction was confirmed under Art. 10 IPRG.
HC.2023.496 · vd (Art. 89 LDIP)
Appeal Against Lapsed Provisional Measures Due to Pending Foreign Litigation
Cited in the reasoning concerning the basis for provisional measures related to succession assets located in Switzerland.