210
ZGBCC
CH
CH
Art. 256c Codice civile svizzero (CC)
CC; Parte seconda: Della parentela; Titolo settimo: Del sorgere della filiazione ; Capo secondo: Della genitorialità del marito o della moglie ; B. Contestazione della genitorialità del marito; III. Termine
Art. 256c CC
Il marito può proporre l’azione entro un anno dacché ebbe notizia della nascita e dell’esclusa sua paternità, o del concubito di un terzo con la madre al tempo del concepimento, in ogni caso però entro cinque anni dalla nascita.
L’azione del figlio può essere proposta al più tardi un anno dopo la raggiunta maggiore età.
Scaduto il termine, la contestazione è ammessa se il ritardo è scusato da gravi motivi.
Decisioni giudiziarie che applicano questa disposizione (45)
101 2024 344 · fr (Art. 256c al. 1 CC)
Paternity Disavowal Action Time-Barred Dismissal Reversed for Further Inquiry into Excusable Delay and Best Interest
Cited in the reasoning as the rule establishing the initial deadline that was deemed missed by the lower court.
101 2024 344 · fr (Art. 256c al. 3 CC)
Paternity Disavowal Action Time-Barred Dismissal Reversed for Further Inquiry into Excusable Delay and Best Interest
The court refers the case back to the lower court to instruct on the existence of a just cause excusing the late filing of the action, based on this provision.
C1 22 79 · vs (Art. 256c al. 3 CC)
Paternity Disavowal Denied Due to Expired Statutory Deadline
This provision was the basis for the discussion regarding whether the delay in filing the repudiation action should be excused due to just cause, even though the court ultimately rejected the claim.
C/21084/2022 · ge (Art. 256c al. 2 CC)
Paternity Contest Over Time-Barred Filing Due to Lack of Diligence Post-Impediment
The court confirmed the lower court's judgment, which rejected the action because the statutory deadline under this article had elapsed.
11.2021.72 · ti (art. 256c cpv. 2 CC)
Paternity Contest, Standing, and Evidentiary Rulings on Appeal
Cited in the first instance judgment's reasoning regarding the one-year deadline for filing the disavowal action upon reaching majority.
11.2021.72 · ti (art. 256c cpv. 3 CC)
Paternity Contest, Standing, and Evidentiary Rulings on Appeal
The court addressed the timeliness of the action, considering whether the delay in filing was justified by serious reasons ('gravi motivi') under this article.
C/8389/2020 · ge (art. 256c al. 2 CC)
Paternity Disavowal and Best Interest of the Child in Biological vs. Legal Father Dispute
Cited when discussing the time limit for the child to challenge paternity.
FO.2020.5.K2 · sg (Art. 256c Abs. 3 ZGB)
Paternity Contest Late Filing Excused Due to Mental Illness
The appeal was dismissed because the delay in filing the action was excused by important reasons under this article.
FO.2020.5.K2 · sg (Art. 256c Abs. 3 ZGB)
Paternity Challenge Excused Due to Mental Incapacity Despite Statutory Deadline Lapse
The appeal was dismissed because the delay in filing the action was excused by important reasons under this provision.
ZK1 2015 18 · gr (Art. 256c Abs. 3 ZGB)
Father's Untimely Paternity Challenge Affirmed Despite Paternity Doubt
The appeal was allowed and the initial decision overturned based on the conclusion that the paternity claim was filed too late, implicitly relying on the criteria for the exception in Art. 256c para. 3 ZGB regarding the restoration of time limits.
C/24152/2015 · ge (Art. 256c al. 3 CC)
Paternity Disavowal: Conflict of Laws Analysis on Habitual Residence and Child's Best Interest
Cited by the court when discussing the possibility of extending the time limit for the disavowal action under Swiss law, which was ultimately deemed inapplicable due to lack of due diligence by the disavowing father.
LZ170002 · zh (Art. 256c Abs. 1 ZGB)
Paternity Challenge Barred by Untimely Filing Despite Post-Separation Doubts
Cited in the reasoning about the deadlines for challenging paternity (though the main ground for dismissal was Art. 256c Abs. 3 ZGB).
LZ170002 · zh (Art. 256c Abs. 2 ZGB)
Paternity Challenge Barred by Untimely Filing Despite Post-Separation Doubts
Cited regarding the time limit for the child to file a challenge.
LZ170002 · zh (Art. 256c Abs. 3 ZGB)
Paternity Challenge Barred by Untimely Filing Despite Post-Separation Doubts
The court dismissed the appeal and confirmed the lower court's finding that there was no important reason to restore the expired absolute action deadline for challenging paternity.
ZKBER.2016.61 · so (Art. 256c Abs. 3 ZGB)
Paternity Challenge After Divorce Decree Barred by Statute of Limitations Overturned
The appeal was granted based on the finding that the delay in filing the action was excused by important reasons.