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ZGBCC
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CH
Art. 321 Swiss Civil Code (CC)
CC; Division Two: Kinship; Title Eight: Effects of the Parent-Child Relationship ; Section Four: Property of the Child ; D. Freely disposable property of the child; I. Endowments
Art. 321 CC
The parents are not permitted to draw on revenue from the child’s assets if, when given to the child, they were designated as interest-bearing investments or savings or use of the revenue by the parents was expressly excluded.
Management by the parents is excluded only where expressly so provided when the child is endowed with the assets.
Court Decisions Applying This Provision (9)
VB.2005.00097 · zh (Art. 321 ZGB)
Social Assistance Repayment Calculation and Child Assets Dispute
The reasoning mentions that the decision of the lower court regarding the depletion of child's assets contradicts provisions on child assets, of which Art. 321 ZGB is listed as a relevant legal norm.
VB.2005.00097 · zh (Art. 321 ZGB)
Reimbursement of Social Assistance Benefits and Consideration of Child's Capital Assets
The court's decision to uphold the appeal is based on the reasoning that the utilization of the child's assets contradicts provisions concerning child assets, directly addressed by this article.
LF230076 · zh (Art. 321 Abs. 2 ZGB)
Appeal on Liquidation Due to Improper Service on Deceased Director's Estate
Cited in the reasoning as the standard rule for the appeal deadline, but not explicitly used in the final orders (Dispositiv).
D.cision.2022.65 · vd (Art. 321 al. 1 CC)
Appeal Regarding Dismissal of Criminal Proceedings for Appropriation and Withdrawal Violating Right to Reasoned Decision
Cited in the list of provisions considered relevant to the analysis of the parents' management of the child's property, which justified the initial finding of civilly reprehensible conduct regarding the withdrawal of savings.
PQ200022 · zh (Art. 321 ZGB in Verbindung mit § 40 Abs. 3 EG KESR/ZH und Art. 450f ZGB)
Appellant Challenge to Refusal to Validate Advance Directives and Denial of Suspensive Effect
Cited in the reasoning section regarding the necessity of making substantive motions and justifications.
ZK1 2013 124 · gr (Art. 321 Abs. 1 ZGB)
Appeal of Guardian Fee Assessment and Cost Allocation in Child Support Enforcement
Cited in the reasoning concerning the maintenance agreement established by the previous authority regarding the income from the children's assets.
11.2011.67 · ti (art. 321 cpv. 1 CC)
Divorce Decree Appeal Regarding Custody, Parental Authority, Pension Division, and Child Support
Cited in the reasoning section (Considerando 6) to distinguish maintenance payments from the transfer of free assets.
PS.2000.0181 · vd (Art. 321 CC)
Social Assistance Reduction Based on Minor's Inherited Capital
Cited in reference to assets entrusted to a third party, which may restrict their use for household expenses.
39.2002.21 · ti (Art. 321 CC)
Repayment of Supplementary Family Allowances Due to Unreported Income Change
Cited in the reasoning to establish that income from assets specifically given to generate interest or as a savings book cannot be used by parents.