210
ZGBCC
CH
CH
Art. 388 Codice civile svizzero (CC)
CC; Parte terza: Della protezione degli adulti; Titolo undicesimo: Delle misure ufficiali; Capo primo: Principi generali; A. Scopo
Art. 388 CC
Le misure ufficiali di protezione degli adulti salvaguardano il benessere delle persone bisognose di aiuto e ne assicurano la protezione.
Per quanto possibile conservano e promuovono l’autodeterminazione dell’interessato.
Decisioni giudiziarie che applicano questa disposizione (358)
60/2007/43 · sh (Art. 388 Abs. 2 ZGB)
Right to Be Heard for Minors in Guardianship Proceedings
Cited to confirm that the appointment of the guardian was legally challenged due to procedural omissions (lack of right to be heard).
VVGE.1971.75.Nr.42 · ow (Art. 388 Abs. 1 ZGB)
Guardian Appointment Dispute: Appeal Process Irregularity
Cited as the provision governing the timeframe for a chosen guardian to declare their refusal of office.
VVGE.1971.75.Nr.42 · ow (Art. 388 Abs. 3 ZGB)
Guardian Appointment Dispute: Appeal Process Irregularity
Cited as the legal basis for the procedure to be followed when a guardianship authority deems an objection to the appointment of a guardian unfounded, requiring submission to the supervisory authority.
C/20615/2024 · ge (art. 388 al. 1 CC)
Curatorship Scope Restricted to Real Property Management
Cited as the general purpose of protection measures (assistance and protection).
C/20615/2024 · ge (art. 388 al. 2 CC)
Curatorship Scope Restricted to Real Property Management
Cited as the general purpose of protection measures (preserving autonomy).
C/9360/2023 · ge (art. 388 al. 1 CC)
Appeal Against Curatorship Imposed Due to Incapacity
Cited regarding the purpose of protection measures: to guarantee assistance and protection to the person in need of help.
C/9360/2023 · ge (art. 388 al. 2 CC)
Appeal Against Curatorship Imposed Due to Incapacity
Cited regarding the preservation and promotion of autonomy, justifying the limitation of the curatorship to representation and management only.
C/10608/2024 · ge (art. 388 al. 1 CC)
Appeal Against Curatorship Over Incapacity Finding
This article was cited in the reasoning concerning the purpose of protection measures (guaranteeing assistance and protection), which underpinned the decision to annul the measure.
C/10608/2024 · ge (art. 388 al. 2 CC)
Appeal Against Curatorship Over Incapacity Finding
This article was cited in the reasoning concerning the purpose of protection measures (preserving autonomy), which underpinned the decision to annul the measure.
C/12776/2021 · ge (art. 388 al. 1 CC)
Appeal Against Curatorship for Mental Health and Financial Instability
Cited in the reasoning section concerning the purpose of protection measures (ensuring assistance and protection).
C/12776/2021 · ge (art. 388 al. 2 CC)
Appeal Against Curatorship for Mental Health and Financial Instability
Cited in the reasoning section concerning the purpose of protection measures (preserving autonomy).
C/25697/2024 · ge (art. 388 al. 1 CC)
Curatorship Imposition Over Young Adult Challenged
Cited as the provision stating that protection measures must guarantee assistance and protection to the person in need of help.
C/25697/2024 · ge (art. 388 al. 2 CC)
Curatorship Imposition Over Young Adult Challenged
Cited as the provision stating that protection measures must preserve and promote the autonomy of the person concerned as much as possible.
C/19937/2023 · ge (Art. 388 al. 1 CC)
Protection of Adults Tribunal Appeal: Curatorship Confirmation
Cited in the reasoning section leading to the confirmation of the protection measure, although the main ground for rejection is implicitly covered by the facts and the overall need for protection as established below.
C/19937/2023 · ge (Art. 388 al. 2 CC)
Protection of Adults Tribunal Appeal: Curatorship Confirmation
Cited in the reasoning section regarding the objective of protection measures to preserve autonomy.