Art. 113 Codice civile svizzero (CC)

AGVE.2005.1 · ag (Art. 113 ZGB)

Mandatory Divorce Reflection Period Applies Even in Consent Cases

Cited to explain that no additional time limit is needed under this article when the divorce is initiated under Art. 116 ZGB and the confirmation of intent is not provided.

LQ040053 · zh (Art. 113 ZGB)

Non-Entry of Joint Divorce Versus Obligation to Set Deadline for Conversion

Cited in the reasoning as the provision whose application (setting a deadline to replace the joint application with a claim) was denied in the context of non-entry into proceedings due to absence.

ZK1 2009 11 · gr (Art. 113 ZGB)

Custody Modification Based on Child's Preference in Divorce Appeal

Cited in the first-instance judgment that was appealed, but not explicitly in the final orders of the current decision (except implicitly via the annulment of Ziff. 1 of the Vorinstanz judgment, which cited it).

11.2008.168 · ti (Art. 113 CC)

Annulment of Divorce Decree Based on Essential Error Regarding Spouse's Undisclosed Illness

Cited as the standard procedure when conditions for joint divorce request are no longer met.

11.2006.74 · ti (art. 113 CC)

Withdrawal of Mutual Consent Divorce and Failure to Allow Conversion to Unilateral Action

Mentioned in reasoning regarding the procedure following revocation of consent, but not explicitly used in the final orders.

AGVE.2005.1 · ag (Art. 113 ZGB)

Divorce: Mandatory Reflection Period Applies Even with Consent or Counterclaim

This provision is not applied in cases under Art. 116 ZGB where a lawsuit or counterclaim has already been filed, as no further notice period is needed to convert the joint divorce request into a lawsuit if the divorce intent is not confirmed.

AGVE.2005.1 · ag (Art. 113 ZGB)

Divorce Proceeding Under Article 116 ZGB: Mandatory Cooling-Off Period and Dismissal of Joint Request

This provision is not applicable in cases under Art. 116 ZGB where a divorce action and counterclaim have already been filed, as no further time limit is needed to replace the joint divorce request with an action if the divorce will is not confirmed.

AA040067 · zh (Art. 113 ZGB)

Divorce Proceeding Identity and Stay of Appeal Denial

Cited in the reasoning explaining the procedure if the opposing spouse withdraws consent after a switch to mutual consent proceedings.

11.2008.168 · ti (art. 113 CC)

Divorce Annulment Due to Essential Error Regarding Husband's Undisclosed Alzheimer's Disease

Cited in the reasoning, but the actual order (Point I.1) rejects the common divorce request instead of instructing the parties to replace it with a unilateral action as described in Art. 113 CC.