210
ZGBCC
CH
CH
Art. 562 Swiss Civil Code (CC)
CC; Division Two: Succession; Title Sixteen: Effect of Succession; Chapter Two: Vesting of the Estate; A. Vesting; III. Legatees; 1. Vesting
Art. 562 CC
The legatees have a personal claim against the obligors of their legacies or, where no-one is specifically named as such, against the legal or named heirs.
Unless otherwise provided by disposition mortis causa, the claim becomes due once the obligor has accepted the inheritance or is no longer able to disclaim it.
If the heirs fail to fulfil their obligation, they may be sued for release of the bequeathed property or, where the legacy pertains to performance of some action, for damages.
Court Decisions Applying This Provision (16)
ZKBER.2020.57 · so (Art. 562 Abs. 1 ZGB)
Heir Liability for Decedent's Legacy
Cited in the reasoning section regarding the legatee's claim against the heirs, but this is NOT in the final orders (Dispositiv).
HC.2017.289 · vd (Art. 562 CC)
Legacy Dispute Provisional Measure Jurisdiction and Revocation Appeal
Mentioned as the basis for the main action (action for the delivery of the legacy) within which the provisional measures were requested.
ZK1 2012 31 · gr (Art. 562 Abs. 3 ZGB)
Artistic Estate Legacy Dispute and Damages Award
Used to establish the defendants' liability for damages due to non-compliance with the testator's instructions.
163.2011.FAB · vd (art. 562 al. 1 CC)
Estate Executors' Motion to Suspend Legacy Claim Denied Due to Lack of Legal Connexity
Cited in the reasoning regarding who could be debtors of the legacy.
163.2011.FAB · vd (art. 562 al. 2 CC)
Estate Executors' Motion to Suspend Legacy Claim Denied Due to Lack of Legal Connexity
Cited in the reasoning regarding the conditions for the delivery of the legacy.
LF110005 · zh (Art. 562 ZGB)
Interpretation of Testament: Sole Heir vs. Subsequent Interests
Cited in the reasoning regarding the legatee's claim.
CC.2009.20 · ne (Art. 562 al. 1 CC)
Estate of [Deceased Name] v. [Heir Name]: Holographic Will Validity and Conditional Bequests
Cited to establish the légataire's right to claim delivery from the sole legal heir (Y.).
ML.2011.114 · vd (Art. 562 CC)
Appeal Regarding Provisional Lifting of Objection to Annuity Payment Based on Cohabitation
This article establishes the personal action of legatees against heirs for the payment of legacies, which justifies the provisional lifting of the opposition regarding the annuity claimed.
11.2011.34 · ti (art. 562 cpv. 1 CC)
Universal Heir Liability for Legacy Despite Potential Co-Heir
Cited in the reasoning section (Point 2) to establish the legatee's right to claim the legacy against the universal heir.
11.2011.34 · ti (art. 562 cpv. 2 CC)
Universal Heir Liability for Legacy Despite Potential Co-Heir
Cited in the reasoning section (Point 2) to determine when the legacy becomes due.
11.2010.46 · ti (art. 562 cpv. 1 CC)
Holographic Will Execution and Currency Specificity in Legacy Burden Adjudication
Cited in reasoning, but not in dispositive.
11.2010.46 · ti (art. 562 cpv. 2 CC)
Holographic Will Execution and Currency Specificity in Legacy Burden Adjudication
Cited in reasoning, but not in dispositive.
11.2010.46 · ti (art. 562 cpv. 3 CC)
Holographic Will Execution and Currency Specificity in Legacy Burden Adjudication
Cited in reasoning, but not in dispositive.
11.2013.27 · ti (Art. 562 cpv. 2 CC)
Interpretation of Holographic Will Legacy and Prescription in Inheritance Dispute
Cited in the reasoning to determine when a legacy becomes due, affecting the start of the limitation period.
LB160085 · zh (Art. 562 Abs. 2 ZGB)
Will Revocation by Destruction of Revoking Instrument
Used implicitly in the reasoning regarding the due date of the legacy claim, which affects the calculation of default interest.