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Art. 165 Codice civile svizzero (CC)
CC; Parte prima: Del diritto matrimoniale; Titolo quinto : Degli effetti del matrimonio in generale; E. Mantenimento della famiglia; III. Contributi straordinari di un coniuge
Art. 165 CC
Il coniuge che ha collaborato nella professione o nell’impresa dell’altro in misura notevolmente superiore al contributo che gli incombe per il mantenimento della famiglia ha diritto a un’equa indennità.
Lo stesso vale per il coniuge che, con il suo reddito o la sua sostanza, ha contribuito al mantenimento della famiglia in misura notevolmente superiore a quanto era tenuto.
Tuttavia, l’indennità non può essere pretesa se i contributi straordinari sono stati prestati in base a un contratto di lavoro, di mutuo o di società o in base a un altro rapporto giuridico.
Decisioni giudiziarie che applicano questa disposizione (91)
C/21075/2018 · ge (Art. 165 CC)
Spousal Support Modification and Property Liquidation Post-Remand
The Federal Tribunal confirmed that the appeal regarding the equitable compensation based on this article was rejected.
LC240045 · zh (Art. 165 Abs. 1 ZGB)
Spouse Denied Additional Compensation for Business Contributions in Asset Division Appeal
The court rejected the applicant's claim for compensation for participation in the respondent's business, finding that the conditions for such a claim were not met.
C/13553/2019 · ge (Art. 165 al. 1 CC)
Divorce Appeal: Maintenance, Property Liquidation, and Accrued Gains
The court explicitly decided on the claim for an equitable indemnity under this article, although it ultimately rejected it based on its consequences for the liquidation of the matrimonial property regime.
C/12632/2019 · ge (art. 165 al. 2 CC)
Divorce Asset Liquidation: Loan Repayment and Classification of Transfers on Separation of Property Regime
Cited in the reasoning regarding the claim for recompense for payments made for the amortization of the husband's life insurance policy.
C/18436/2020 · ge (art. 165 al. 1 et 2 CC)
Divorce Appeal: Child Support, Spousal Maintenance, and Cameroonian Property Classification
Cited generally in relation to debts resulting from the general effects of marriage.
C/21075/2018 · ge (Art. 165 al. 1 CC)
Divorce Property Division and Spousal Support Appeal
Cited in the context of the spouse's claim for an equitable allowance (indemnité équitable) for substantially exceeding the general duty of assistance in the profession or enterprise of the other spouse, which was ultimately rejected.
LY220046 · zh (Art. 165 ZGB)
Appeal Dismissed for Insufficient Showing of Material Change in Circumstances Warranting Spousal Support Modification
Cited in the reasoning regarding the basis for spousal support obligations during marriage.
C/4909/2020 · ge (art. 165 CC)
Appeal Regarding Existence of Employment Contract and Back Wages Calculation
Cited in the reasoning to discuss the exception for contributions by a spouse to the profession of the other spouse.
C/2028/2020 · ge (art. 165 al. 1 CC)
Divorce Judgment Appeal: Equalization Payment Recalculation and Spousal Support Review
The court confirmed the annulment of the previous ruling regarding the equitable indemnity, leading to a specific order against B______, although the final calculation implicitly used the result derived from the analysis of this article.
C/26628/2017 · ge (art. 165 al. 1 CC)
Divorce Judgment Appeal: Property Regime Liquidation, Business Indemnity, and Spousal Support Modification
The court confirmed the first instance judgment denying the equitable compensation claim based on this article.
Z1 2020 25 · zg (Art. 165 Abs. 2 ZGB)
Custody Modification, Child Support Recalculation, and Dismissal of Compensation Claim Following Divorce
Used to dismiss the claim for compensation for extraordinary contributions to family maintenance.
ZOR.2021.60 · ag (Art. 165 ZGB)
Spousal Support and Property Division Dispute After Divorce
Cited in the court's reasoning regarding the nature of mutual debts between spouses, including contributions to the family's maintenance.
C/8932/2020 · ge (art. 165 al. 2 CC)
Pension Equalization in Short Marriage Despite Age Disparity
Cited regarding the right to compensation if a spouse contributes to family maintenance substantially beyond what was required (relevant to the rejected tax reimbursement claim).
C/25608/2017 · ge (art. 165 al. 1 et 2 CC)
Divorce Settlement: Child Maintenance, Property Division, and Debt Allocation
Cited as a potential source for debts between spouses arising from general effects of marriage.
ZK1 2018 85 · gr (Art. 165 ZGB)
Divorce Ancillary Consequences Appeal: Child Support Recalculation and Property Division Revision
The court upheld the first instance rejection of the claim for compensation under Art. 165 ZGB (Order 6).