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ZGBCC
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CH
Art. 115 Codice civile svizzero (CC)
CC; Parte prima: Del diritto matrimoniale; Titolo quarto: Del divorzio e della separazione coniugale; Capo primo: Delle condizioni del divorzio; B. Divorzio su azione di un coniuge; II. Rottura del vincolo coniugale
Art. 115 CC
Un coniuge può domandare il divorzio prima della scadenza del termine di due anni quando per motivi gravi che non gli sono imputabili non si possa ragionevolmente esigere da lui la continuazione dell’unione coniugale.
Decisioni giudiziarie che applicano questa disposizione (62)
VVGE.1983.84.Nr.8 · ow (Art. 115 ff. EG zum ZGB)
Land Cooperative Formation Requirements
Cited regarding the requirement to prepare a cost estimate for a land cooperative.
VVGE.1983.84.Nr.9 · ow (Art. 115 EG zum ZGB)
Road Construction Perimeter Justified by Tangible Benefit, Appeals Not Final, Liability Clarified
Cited in the context of the composition of the commission, stating that members do not necessarily have to be cooperative members.
VVGE.2005.06.Nr.4 · ow (Art. 115 EG zum ZGB)
Corporation's Water Extraction Compensation Appeal Dismissed
Cited to explain the context of perimeter procedures and contractual agreements for water rights.
ZK 2008 652 · be (Art. 115 ZGB)
Appellate Court Reversal on Calculation of Two-Year Separation Period for No-Fault Divorce
This article formed the basis of the previous proceedings that influenced the calculation of the separation period, as discussed in the ruling.
AGVE.2003.1 · ag (Art. 114 und 115 ZGB)
Divorce Validity Not Subject to Interim Rulings
These articles establish the conditions for divorce, which must be met for a final judgment to be issued on both the divorce and its consequences.
C/14512/2022 · ge (Art. 115 CC)
Wife Granted Divorce and Exclusive Custody Following Husband's Violent Criminal History and Incarceration
The court confirmed the divorce pronounced based on this article as the continuation of the marriage was deemed intolerable for the respondent due to serious grounds.
PC220011 · zh (Art. 115 ZGB)
Property Co-ownership Dissolution Prioritizes Over Divorce Proceedings
Cited as a ground for divorce based on irreconcilable differences requiring immediate termination, and the court's assessment of its applicability.
C/14222/2021 · ge (Art. 115 CC)
Appellant v. Respondent Divorce Appeal
The appeal challenged the court's refusal to grant divorce based on this article, but the appeal was ultimately rejected.
C/9014/2018 · ge (Art. 115 CC)
Marriage Annulment and Divorce Appeal Dismissed
The court confirmed the lower court's rejection of the divorce claim based on serious, imputable grounds making cohabitation unbearable.
C/14899/2017 · ge (Art. 115 CC)
Appeal of Divorce Decree and Custody Following Domestic Violence Findings
The court confirmed the judgment upholding the divorce decree based on serious, non-imputable reasons making the continuation of the marriage unbearable.
HC.2021.31 · vd (Art. 115 CC)
Husband's Violence Justifies Early Divorce Despite Separation Period
The appeal was rejected, confirming the first instance decision to grant divorce based on this article (unbearable continuation of marriage).
ZKBER.2019.75 · so (Art. 115 ZGB)
Spousal and Child Support Modification Post-Dismissed Divorce Appeal
Cited in the background as the basis for the initial divorce application that led to the original maintenance order.
AC/2631/2017 · ge (art. 115 CC)
Legal Aid for Divorce Based on Spousal Violence Overturned Denial
This provision defines the substantive ground for divorce on which the applicant's case was deemed not to be entirely without prospect of success, leading to the annulment of the decision refusing legal aid.
PC170035 · zh (Art. 115 ZGB)
Divorce Petition Lacks Grounds for Free Legal Aid
Cited as a legal ground for divorce based on the impossibility of continuing the marriage for serious reasons.
C/11255/2016 · ge (art. 115 CC)
Divorce Jurisdiction and Lis Pendens Confirmation in Swiss-Russian Case
The underlying claim for divorce was initially based on this article, although the final orders confirm the lower court's rejection of procedural exceptions.