Art. 396 Codice civile svizzero (CC)

C1 24 189 · vs (art. 396 CC)

Curatorship for Delusional Disorder and Financial Vulnerability Upheld

The court confirmed the curatelle de coopération, which is governed by this article.

F 2024 37 · zg (Art. 396 Abs. 1 ZGB)

Appeal Against Comprehensive Guardianship for Elderly Subject to Undue Influence

The appeal was partially upheld to reduce the protective measure to a co-determination guardianship (Mitwirkungsbeistandschaft) for asset dispositions, which entails a statutory limitation of legal capacity according to Art. 396 Abs. 2 ZGB, as explicitly mentioned in the reasoning for the relief granted.

F 2024 37 · zg (Art. 396 Abs. 2 ZGB)

Appeal Against Comprehensive Guardianship for Elderly Subject to Undue Influence

The statutory limitation of legal capacity is a direct consequence of imposing the Mitwirkungsbeistandschaft as ordered in point 1.

C/819/2018 · ge (art. 396 al. 1 CC)

Curatorship Upheld for Elderly Man with Cognitive Impairment and Financial Mismanagement

Cited in the reasoning to define the cooperation curatelle, which the court found insufficient, thus rejecting the appeal's subsidiary conclusion.

PQ230068 · zh (Art. 396 ZGB)

Guardianship Modification for Encephalitis After-Effects

Cited in the final order (1.b) as the basis for continuing the assistance requiring participation (Mitwirkungsbeistandschaft) for specific legal transactions.

XBE.2023.65 · ag (Art. 396 i.V.m. Art. 394 und Art. 395 ZGB)

Guardianship Upheld Due to Alcohol Abuse, Mental Illness, and Financial Mismanagement

This provision defines the type of guardianship (combined representation and assistance) that is deemed necessary and appropriate for the appellant's situation.

F 2023 37 · zg (Art. 396 Abs. 1 ZGB)

Guardianship for Cryptocurrency Scam Victim Upheld

Cited in the reasoning describing when a co-operation curatorship is established, which underpins the basis for upholding the KESB decision.

F 2023 37 · zg (Art. 396 Abs. 2 ZGB)

Guardianship for Cryptocurrency Scam Victim Upheld

Cited in the reasoning describing the effect on legal capacity in a co-operation curatorship, which underpins the basis for upholding the KESB decision.

C/10999/2020 · ge (art. 396 al. 1 CC)

Incapacity Finding and Substitution of Curatorship Upheld Despite Prior Support System

Although the cooperation curatorship was replaced, the court's reasoning regarding its insufficiency (Art. 396 al. 1 CC) provided context for the final decision to maintain the representation curatorship.

PQ230050 · zh (Art. 396 ZGB)

In Re Limited Co-Decision Guardianship for Asset Management

The court confirmed the supervisory guardianship (Mitwirkungsbeistandschaft) ordered pursuant to this article due to the appellant's need for protection.

158----------- · vd (Art. 396 CC)

Cantonal Tribunal Confirms Provisional Curatorship for Asset Protection Amid Financial Losses

The provision establishing the curatelle de coopération, which was confirmed by the final order.

CMPEA.2023.10 · ne (Art. 396 CC)

Guardianship Annulled Due to Failure to Provide In-Person Hearing

This article defines cooperation curatorship, cited in the reasoning but not in the dispositive.

VWBES.2022.288 · so (Art. 396 ZGB)

Administrative Guardianship Appeal: Revocation of Full Protection and Modification of Co-Determination Threshold

The court confirmed the modification of the KESB order concerning the requirement for the assistant's approval for withdrawals exceeding a certain amount, which falls under the scope of a participation guardianship (Mitwirkungsbeistandschaft) established under this article.

PQ220066 · zh (Art. 396 Abs. 2 ZGB)

Guardianship Upheld for Financially Incapacitated Schizophrenia Patient

Cited in the reasoning regarding the limited scope of the ordered measure, specifically what was excluded (restriction of legal capacity).

106 2022 93 · fr (art. 396 CC)

Curatorship of Representation and Cooperation for Incapacitated Person with Psychiatric Disorder

Cited in the dispositive as the legal basis for confirming the curatelle de coopération.