210
ZGBCC
CH
Art. 596 Swiss Civil Code (CC)
CC; Division Two: Succession; Title Sixteen: Effect of Succession; Chapter Four: Official Liquidation; B. Procedure; liquidation
Art. 596 CC
For the purpose of liquidation, any business activities of the deceased still in operation are brought to a close, his or her obligations are performed, his or her claims are called in, his or her legacies are distributed where possible, his or her rights and duties are determined at law, where necessary, and his or her assets are converted into cash.
Land formerly belonging to the deceased is sold at public auction; it may be disposed of by private sale only with the consent of all the heirs.
The heirs are entitled even during the liquidation process to request that some or all of the objects and monies that are not required for the liquidation be released into their possession.
Court Decisions Applying This Provision (6)
RBOG.1998.Nr.3 · tg (Art. 596 Abs. 1 ZGB)
Executor's Authority to Evict Tenants Without Heir Consent
This provision underlies the procedural standing of the executor to have rights and obligations determined judicially.
BO.2022.10 · sg (Art. 518 Abs. 1 und 2, Art. 596 Abs. 1 ZGB)
Profit Share Dispute Regarding 1964 Partition Agreement
These provisions were cited as the basis for the Will Executor entering the pending active lawsuit in place of the deceased party.
BO.2022.10 · sg (Art. 518 Abs. 1 und 2 i.V.m. Art. 596 Abs. 1 ZGB)
Inheritance Profit-Sharing Agreement Enforcement Upheld
Cited as the main legal basis for the substitution of the deceased party by the executor in the pending appeal process.
HC.2020.869 · vd (Art. 596 al. 1 CC)
Executor v. Heir: Estate Asset Sale Prohibition Appeal
Cited as background law referencing the executor's duties.
HC.2012.472 · vd (art. 596 CC)
Appeal Against Premature Estate Liquidation and Failure to Pursue Claims
Cited as the basis for the court's substantive ruling, ordering the liquidator to proceed with the recovery of claims and realization of assets, as this falls under the duties of official liquidation.
C/7970/2006 · ge (art. 596 al. 1 CC)
Estate Liquidators v. Asset Management Corporation Regarding Trust Documentation
Cited in the reasoning to establish the liquidators' mission, which includes obtaining information about the estate.