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ZGBCC
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CH
Art. 28 Codice civile svizzero (CC)
CC; Titolo primo: Delle persone fisiche; Capo primo: Del diritto della personalità; B. Protezione della personalità; II. Contro lesioni illecite; 1. Principio
Art. 28 CC
Chi è illecitamente leso nella sua personalità può, a sua tutela, chiedere l’intervento del giudice contro chiunque partecipi all’offesa.
La lesione è illecita quando non è giustificata dal consenso della persona lesa, da un interesse preponderante pubblico o privato, oppure dalla legge.
Decisioni giudiziarie che applicano questa disposizione (404)
AbR.2004.05.Nr.2 · ow (Art. 28 Abs. 2 ZGB)
Personality Violation Claim: Truth No Defense Without Overwhelming Interest
The court used this provision to determine whether the impugned statements were unlawful, considering the existence of justification grounds such as private or public interest.
AbR.2004.05.Nr.2 · ow (Art. 28 ZGB)
Personality Violation Claim: Truth No Defense Without Overwhelming Interest
This article was used to establish the general protection of personality rights, including honor and reputation, and the conditions under which legal protection can be sought.
VPB 150000254 (Art. 28 Abs. 2 ZGB)
Stadium Intimate Searches: Legality, Consent, and Proportionality
Cited regarding the inadmissibility of measures violating personality rights unless they have a specific legal basis, such as consent.
11 97 170 · lu (Art. 28 ZGB)
Beauty Queen Satire Infringement Appeal
Cited as the basis for the right to protection against unlawful infringement of personality, which underlies the request for precautionary measures.
JAAC 53.15 (Art. 28 ZGB)
Telecommunication Providers' Detailed Bills and Personality Rights
This article is cited as the legal basis for protecting personality rights in the private sphere and is used to determine when the request for detailed billing constitutes an unlawful violation.
ZVE.2025.28 · ag (Art. 28 Abs. 1 ZGB)
Rental Dispute: Husband Not Liable as Landlord
Cited regarding liability for personality infringements.
Bundesrat · 2025-10-08-beschwerde-eda (Art. 28 ss CC)
NGO Funding Suspension and Reputation Damage Case
Protects the right to honor and reputation, considered a civil right under Art. 6(1) ECHR, relevant to the applicant's claims regarding reputational damage.
ZSU.2024.192 · ag (Art. 28 Abs. 1 ZGB)
Mootness of Content Removal Claims Leads to Appeal Dismissal and Cost Award
Cited as the basis for the plaintiffs' right to seek relief from the court due to unlawful infringement of their personality rights.
C/3386/2025 · ge (art. 28 CC)
Cost Award Reassessment in Provisional Measures Dispute
Cited in the reasoning section as the basis for the initial claim regarding the protection of personality.
C/21207/2024 · ge (art. 28 CC)
Association v. Video Distributors Regarding Gender Transition Allegations
Cited as the basis for protection against unlawful infringement of personality rights, relevant to the substance of the confirmed measures.
HSU.2025.12 · ag (Art. 28 Abs. 1 ZGB)
Danish Individual Denied Injunction Against Media Publication on Privacy Grounds
Provides the legal basis for seeking court intervention against unlawful personality infringements.
HSU.2025.12 · ag (Art. 28 Abs. 2 ZGB)
Danish Individual Denied Injunction Against Media Publication on Privacy Grounds
Specifies the grounds for justification against a personality infringement, such as consent, private interest, public interest, or legal justification.
S2 2024 4 · zg (Art. 28 Abs. 2 ZGB)
Appeal Regarding Attempted Fraud and Assault Convictions and Cost Allocation
The court referenced this provision to justify imposing costs related to the bodily harm/battery conviction based on the violation of the general duty not to harm.
P1 23 51 · vs (art. 28 CC)
Appeal Dismissed Due to Withdrawn Criminal Complaint Despite Upheld Culpability
Cited as the legal basis for the protection of personality rights, which were violated by the illicit act.
P/3545/2018 · ge (art. 28 al. 2 du Code civil (CC))
Appeal Regarding Quantum of Moral Damages Following Acquittal
Cited, alongside Art. 49 CO, as the standard for determining a serious attack on personality justifying moral damages.