Art. 116 Schweizerisches Zivilgesetzbuch (ZGB)

AGVE.2005.1 · ag (Art. 116 ZGB)

Mandatory Divorce Reflection Period Applies Even in Consent Cases

The primary provision under which the case is decided, concerning the application of rules for divorce by mutual consent in cases of contested divorce where one party consents.

VWBES.2022.181 · so (§ 116 Abs. 2 EG ZGB)

Guardian's Final Account Approval Overturned Due to Financial Discrepancies

Cited in the reasoning (E. II.2.1) regarding the requirement for the closing balance of the inventory to correspond to the opening balance of the new account.

C/3954/2008 · ge (art. 116 CC)

Divorce Refusal Overturned Due to Abuse of Rights in Concurrent Foreign Proceedings

The court decided to annul the judgment and remit the case based on the analogous application of this provision, as the parties effectively agreed on the principle of divorce.

131.II · vd (Art. 116 CC)

Divorce Judgment Invalidated Due to Improper Waiver of Mandatory Reflection Period

Mentioned in the reasoning section concerning the analogy to divorce on joint request when one party files a unilateral petition.

ZB 2008 25 · gr (Art. 116 ZGB)

Appeal of Cost Decree Following Unpursued Divorce Mediation

Mentioned in the reasoning as a potential procedural avenue the lower court *should* have considered, but it is not cited in the dispositive orders.

22 06 80 · lu (Art. 116 ZGB i.V.m. Art. 111 Abs. 2 ZGB)

Marital Contract Deemed Disguised Divorce Settlement Requiring Judicial Approval

These articles are mentioned to explain why the defendant's reliance on a right of revocation was without merit, as the parties were not in agreement over the claim.

AA060118 · zh (Art. 116 ZGB)

Cost Allocation Reversal in Separation Proceedings Appeal

Cited in the reasoning to discuss the prerequisites for divorce, although not explicitly in the dispositive, it is referenced in the context of the overall subject matter involving divorce proceedings which led to the cost dispute.

ZF 2005 53 · gr (Art. 116 ZGB)

Appeal Against Divorce Decree Based on Procedural Flaws in Mutual Consent Divorce

The court explicitly uses the provisions of Art. 116 ZGB in its reasoning to establish that the lower court incorrectly handled the situation where the defendant consented to divorce during the proceedings, requiring adherence to procedures for divorce by mutual consent (Art. 111/112 ZGB).

ZF 2005 53 · gr (Art. 116 ZGB)

Divorce Decree Quashed for Failure to Observe Mutual Consent Reflection Period

Cited in the reasoning concerning the procedural violation related to the application of divorce rules when the defendant consents to the divorce claim.

AGVE.2005.1 · ag (Art. 116 ZGB)

Divorce: Mandatory Reflection Period Applies Even with Consent or Counterclaim

This provision dictates the procedural application of divorce on joint request rules when one spouse seeks divorce after separation or due to unreasonableness, and the other spouse consents or files a counterclaim. The reasoning explains that the mandatory reflection period under Art. 111 Abs. 2 ZGB must be observed.

AGVE.2005.1 · ag (Art. 116 ZGB)

Divorce Proceeding Under Article 116 ZGB: Mandatory Cooling-Off Period and Dismissal of Joint Request

This article governs divorce proceedings initiated by one spouse with the other's consent or counterclaim, making provisions for joint divorce requests applicable by analogy.

AA040067 · zh (Art. 116 ZGB)

Divorce Proceeding Identity and Stay of Appeal Denial

The reasoning for dismissing the appeal is based on the correct interpretation that parallel proceedings under Art. 115 ZGB and Art. 112 ZGB are precluded, as the change to Art. 112 ZGB is regulated by Art. 116 ZGB, which the appellant misunderstood.

11.1999.34 · ti (art. 116 CC)

Divorce Appeal Settled by Comprehensive Agreement

Cited as the provision governing the divorce pronouncement (by reference from Art. 111 CC) based on the agreement.

11.2000.149 · ti (art. 116 CC)

Husband Appeals Denial of Post-Divorce Maintenance and Provisional Support Termination in Divorce Action

Cited to explain why the question of which spouse's request pronounces the divorce is now irrelevant.

11.1999.96 · ti (art. 116 CC)

Appeal Regarding Divorce Decree Overturned in Favor of Separation Due to Insufficient Statutory Separation Period; Custody Upheld, Visitation Restricted, Child Support Capacity Questioned.

Cited in the reasoning when discussing the application of separate procedures for the main action (divorce) and the counterclaim (separation).