210 ZGBCC

CH AI generated

Art. 263 Swiss Civil Code (CC)

CC; Division Two: Kinship; Title Seven: Formation of the Parent-Child Relationship ; Chapter Three: Recognition and Court Declaration of Paternity ; B. Action to determine paternity; III. Time limits

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Legislator summary

AI generated

The action is admissible both before and after the birth but must be brought: 1. by the mother within one year of the birth; 2. {note: Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 ( AS 2011 725; BBl 2006 7001).} by the child at any time prior to the elapse of one year after attaining the age of majority. If a parent-child relationship already exists with another man, the action may in any event be brought within one year of the date on which said relationship is annulled. Once these time limits have expired, an action for determination of paternity is admissible provided there is good cause for the delay.

Art. 263 CC

The action is admissible both before and after the birth but must be brought: 1. by the mother within one year of the birth; 2. by the child at any time prior to the elapse of one year after attaining the age of majority.

If a parent-child relationship already exists with another man, the action may in any event be brought within one year of the date on which said relationship is annulled.

Once these time limits have expired, an action for determination of paternity is admissible provided there is good cause for the delay.

← Art. 262 CC Swiss Civil Code (CC) Art. 264 CC →

Court Decisions Applying This Provision (19)

101 2024 344 · fr (Art. 263 al. 3 CC)

Paternity Disavowal Action Time-Barred Dismissal Reversed for Further Inquiry into Excusable Delay and Best Interest

Cited in the reasoning regarding the possibility of restitution of the deadline.

LZ230048 · zh (Art. 263 Abs. 3 ZGB)

Paternity Claim Dismissed Due to Lack of Standing and Untimeliness

The main ground for dismissing the appeal was that no important grounds were demonstrated to excuse the late paternity claim.

ZOR.2022.26 · ag (Art. 263 Abs. 1 Ziff. 2 ZGB)

Plaintiff's Inheritance Claim Dismissed Due to Lack of Legal Standing

Allows for the judicial establishment of parentage within a specific timeframe or with important reasons, but was not applicable due to the expiry of the deadline and lack of important reasons.

ZOR.2022.26 · ag (Art. 263 Abs. 3 ZGB)

Plaintiff's Inheritance Claim Dismissed Due to Lack of Legal Standing

Allows for the admission of a paternity claim after the expiry of the deadline if there are important reasons, which were not present in this case.

LZ210023 · zh (Art. 263 Abs. 1 Ziff. 2 ZGB)

Paternity and Child Support Claims for Adult Child Subject to Simplified Procedure

Cited to establish the right to file a paternity claim within a year of reaching majority.

11.2018.19 · ti (Art. 263 cpv. 1 n. 2 CC)

Paternity Action Time-Barred Despite Claim of Being Misled

The main ground for rejecting the paternity action in the final order is the expiry of the deadline defined in this article.

C/19041/2015 · ge (Art. 263 al. 3 CC)

Paternity Action Dismissed Due to Untimely Filing Despite Claim of Late Discovery

The court ultimately rejected the paternity action based on the expiration of the time limit, and this provision addresses the possibility of filing after the deadline if there are justifiable grounds for the delay.

HC.2016.342 · vd (Art. 263 al. 3 CC)

Paternity Claim Time-Barred Despite Acknowledgment

This provision was cited when rejecting the claim for filiation because the court found that no just cause excused the delay in filing the action.

C/4108/2010 · ge (art. 263 al. 1 ch. 2 CC)

Paternity Acknowledgment Despite Prior Judgment and Delay

The court implicitly confirmed that the conditions for the paternity action were met, referencing the analysis based on this article concerning the timing of the action.

CACIV.2011.34 · ne (Art. 263 al. 2 CC)

Paternity Action Against Heirs Involving Conflict of Laws and Res Judicata

Cited in the reasoning regarding the deadline for the paternity action under Swiss law.

CC.2009.133 · ne (Art. 263 CC)

Applicant v. Purported Father's Descendants (Paternity Claim Time-Barred)

Cited in the dispositive as the basis for declaring the paternity claim time-barred and inadmissible.

CC.2009.133 · ne (Art. 263 al. 1 ch. 2 CC)

Applicant v. Purported Father's Descendants (Paternity Claim Time-Barred)

Cited in the reasoning to establish the deadline for filing the paternity claim by the child.

CC.2009.133 · ne (Art. 263 al. 3 CC)

Applicant v. Purported Father's Descendants (Paternity Claim Time-Barred)

Cited in the reasoning to establish the possibility of granting an extension of the deadline due to just cause.

CC.2006.157 · ne (art.263 ch.2 CC)

Paternity Establishment and Child Support Calculation

Cited to confirm that the claim was filed within the appropriate time limit, establishing admissibility.

11.2018.19 · ti (Art. 263 cpv. 1 n. 2 CC)

Paternity Recognition Action Time-Barred Due to Expired Limitation Period Despite Alleged Grave Reasons

The main ground for rejecting the petition (and upholding the appeal) is the expiration of the deadline stipulated in this article for bringing the paternity action.