210
ZGBCC
CH
CH
Art. 105 Codice civile svizzero (CC)
CC; Parte prima: Del diritto matrimoniale; Titolo terzo: Del matrimonio; Capo quarto: Della nullità del matrimonio; B. Nullità assoluta; I. Cause generali
Art. 105 CC
Il matrimonio è dichiarato nullo se: 1. al momento della celebrazione uno degli sposi era già coniugato o vincolato da un’unione domestica registrata con una terza persona e il matrimonio antecedente o l’unione domestica registrata non erano stati sciolti; 2. al momento della celebrazione uno degli sposi non era capace di discernimento e da allora non ha riacquistato la capacità di discernimento; 3. la celebrazione era vietata per parentela; 4. uno degli sposi non intendeva creare l’unione coniugale bensì eludere le disposizioni relative all’ammissione e al soggiorno degli stranieri; 5. uno degli sposi ha contratto matrimonio senza che ciò corrispondesse alla sua libera volontà; 6. ...
Decisioni giudiziarie che applicano questa disposizione (45)
KSK 2024 42 · gr (Art. 105 Abs. 1 lit. o EG ZGB BL)
Liquidation of Undivided Estate Share Due to Indeterminate Value
Cited in reasoning section 5 regarding the competent authority for assisting in the division, but not explicitly cited in the dispositive orders 1-7.
C/16060/2022 · ge (art. 105 ch. 4 CC)
Wife's Request to Annul Marriage Denied Due to Evidence of Genuine Marital Life
The court confirmed the lower court's decision, finding that the conditions for annulment of the marriage based on this article were not met.
BO.2023.26.29.K1 · sg (Art. 105 ZGB)
Surviving Spouse Inheritance Rights in Valid Marriage with Undivided Estate
The court considered this provision when addressing the defendants' arguments regarding the invalidity of the marriage, ultimately deciding that no ground for invalidity was proven, which was a prerequisite for the defendants' arguments against the plaintiff's heir status.
F-4533/2020 (art. 105 ch. 5 CC)
Family Reunification and Domestic Violence Case
Cited in relation to the assessment of whether the marriage was entered into under duress or blackmail.
228----------- · vd (Art. 105 ch. 1 CC)
Husband v. Wife (Evidence Required for Foreign Marriage Certificate in Annulment Proceeding)
The judgment was reformed to dissolve the marriage by divorce instead of annulment, which was originally based on this provision regarding bigamy.
OG O1Z 21 6 ARGVP 20 · ar (Art. 105 Ziff. 4 ZGB)
Sham Marriage Nullity Upheld Due to Lack of Intent to Marry
This provision establishes the ground for declaring the marriage invalid due to sham marriage, which the court confirmed as met.
C/9014/2018 · ge (Art. 105 ch. 1 CC)
Marriage Annulment and Divorce Appeal Dismissed
The court confirmed the lower court's finding that the condition for annulment due to a prior undissolved marriage was not met, recognizing the Cuban divorce decree.
C/9014/2018 · ge (Art. 105 ch. 4 CC)
Marriage Annulment and Divorce Appeal Dismissed
The court confirmed the lower court's finding that the grounds for annulling the marriage based on the intent to circumvent immigration law were not met.
ZKBER.2020.84 · so (Art. 105 Ziff. 4 ZGB)
Marriage Invalidity Due to Immigration Fraud and Sham Union Upheld on Appeal
The court refers to the definition of marriage invalidity provided by the lower court based on this article, upholding the lower court's decision to annul the marriage.
TDSIO C2 20 357 · vs (art. 105 CC)
Registration of Religious Marriage Contravening Monogamy Principle
Cited in the reasoning regarding absolute nullity causes that form part of Swiss public policy, but not in the final orders (dispositive).
HC.2020.318 · vd (Art. 105 ch. 2 CC)
Appeal on Marriage Annulment Due to Husband's Severe Alzheimer's-Type Dementia
This provision was used as the main ground to grant the appeal and annul the marriage.
D-32/2020 (Art. 105 Ziff. 5 ZGB)
Asylum Denial Upheld Due to Lack of Credibility
This provision, concerning grounds for nullity of marriage due to forced marriage, was relevant to the applicant's claims, although the assessment was primarily handled by civil authorities.
D-32/2020 (Art. 105 Ziff. 6 ZGB)
Asylum Denial Upheld Due to Lack of Credibility
This provision, concerning grounds for nullity of marriage due to marriage of a minor, was relevant to the applicant's claims, although the assessment was primarily handled by civil authorities.
C/9014/2018 · ge (art. 105 ch. 1 CC)
Annulment of Marriage Voidance Due to Due Process Violation in Evaluating Foreign Divorce Decree
This provision was cited by the lower court in its reasoning (D.a) as a potential basis for annulment, but the final order did not use it to rule on the merits of the appeal, only referencing the annulment of the judgment which relied on this article.
C/9014/2018 · ge (art. 105 ch. 4 CC)
Annulment of Marriage Voidance Due to Due Process Violation in Evaluating Foreign Divorce Decree
This provision was cited by the lower court in its reasoning (D.a and D.b) as a potential basis for annulment, but the final order only annulled the judgment and sent the case back for further instruction and a new decision, without explicitly applying this article in the operative part.