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ZGBCC
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CH
Art. 120 Codice civile svizzero (CC)
CC; Parte prima: Del diritto matrimoniale; Titolo quarto: Del divorzio e della separazione coniugale; Capo terzo: Degli effetti del divorzio; B. Regime matrimoniale e diritto successorio
Art. 120 CC
La liquidazione del regime dei beni è retta dalle disposizioni del diritto sul regime dei beni matrimoniali.
I coniugi divorziati cessano di essere eredi legittimi l’uno dell’altro.
Salvo clausola contraria, i coniugi non possono avanzare pretese per disposizioni a causa di morte: 1. dopo il divorzio; 2. dopo la morte di uno di essi durante una procedura di divorzio che implica la perdita della porzione legittima del coniuge superstite.
Decisioni giudiziarie che applicano questa disposizione (24)
VVGE.1985.86.Nr.44 · ow (Art. 120 EG zum ZGB)
Perimeter Contribution Valuation for Non-Homogenous Areas
This provision defines that the contribution is determined by the benefit derived from the undertaking by each cooperative member, which is central to calculating perimeter contributions.
ZK1 2016 40 · gr (Art. 120 ZGB)
Divorce Ancillary Matters: Property and Pension Equalization Partially Granted, Maintenance Denied
Governs the property settlement, leading to the orders on the equalization payment.
VWBES.2021.366 · so (§ 120 EG ZGB)
Representative Guardian Remuneration Dispute
Cited in the reasoning to establish that remuneration is determined by the cantonal fee tariff (GT).
HC.2021.851 · vd (art. 120 al. 1 CC)
Appeal of Divorce Judgment Regarding Restraining Order, Child Support, and Property Division
Cited at the beginning, but not explicitly used in the final operative part (Dispositive I-VIII). It is used implicitly as the basis for matrimonial property regime, but only its procedural counterpart Art. 277 al. 1 CPC is directly cited in the reasoning for the liquidation part.
VWBES.2021.60 · so (§ 120 EG ZGB)
Guardianship Fee Dispute Upheld
Cited in the reasoning concerning the justification for the trustee's fee, but not explicitly cited in the dispositive orders.
C/3796/2016 · ge (Art. 120 al. 1 CC)
Divorce Asset Division and Partnership Liquidation Dispute
Cited as the general provision governing the liquidation of the matrimonial property regime, which is the subject of the appeal regarding the main financial award.
C/10605/2017 · ge (Art. 120 al. 1 CC)
Cross-Appeals Regarding Divorce Judgment: Parental Rights and Financial Obligations
Cited as the basis for the liquidation of the matrimonial property regime being governed by the matrimonial property law provisions.
C/20117/2017 · ge (art. 120 al. 1 CC)
Matrimonial Property Liquidation and Equalization of Gains Appeal
Cited as the rule stating that the liquidation of the marital property regime is governed by the provisions on the marital property regime.
HC.2019.928 · vd (art. 120 al. 1 CC)
Divorce Property Liquidation and Pension Division Appeal
This article was cited in the preliminary section, but not explicitly used in the dispositive orders other than confirming the previous judgment on remaining points which implies the marriage regime liquidation was finalized based on other applied CC articles.
VWBES.2017.478 · so (§ 120 EG ZGB)
Guardian Compensation Reduction Appeal
Cited in the reasoning to establish that the custodian's compensation is determined according to the cantonal tariff.
VWBES.2017.51 · so (§ 120 EG ZGB)
Guardian Remuneration Appeal Dismissed
Cited as the rule stating that the remuneration set by the KESB shall be determined according to the cantonal tariff.
VWBES.2016.58 · so (§ 120 EG ZGB)
Guardian's Appeal for Pre-Appointment Compensation Rate Dismissed
Cited as the basis for determining the guardian's compensation and necessary expense reimbursement according to the cantonal fee schedule (GT).
101 2016 226 · fr (Art. 120 CC)
Maintenance Adjustment and Revocation of Debtor Order in Divorce Appeal
The amount of CHF 120 awarded to the spouse is implicitly based on the general obligation of support during marriage, although the specific article for the amount is not cited in the dispositive, the provision establishing the underlying duty (Art. 163 CC) is discussed, and the final order refers to a modification of the initial ruling.
VWBES.2015.241 · so (§ 120 EG ZGB)
Guardian Compensation and Expense Reimbursement Appeal
Determines that the remuneration and reimbursement of expenses for mandate holders are based on the cantonal fee tariff.
HC.2015.79 · vd (Art. 120 et 122 CC)
Pension Division in Divorce: Equality of Professional Assets
These articles, concerning professional pension scheme sharing, were cited in the title but not explicitly used in the final orders (I to VII) as the main ground for the decision on the merits (I and II are rejections of appeals).