210
ZGBCC
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CH
Art. 412 Codice civile svizzero (CC)
CC; Parte terza: Della protezione degli adulti; Titolo undicesimo: Delle misure ufficiali; Capo secondo: Delle curatele; F. Negozi particolari
Art. 412 CC
In rappresentanza dell’interessato, il curatore non può contrarre fideiussioni, costituire fondazioni né fare donazioni, fatti salvi i regali d’uso.
Gli elementi del patrimonio che hanno un valore particolare per l’interessato o la sua famiglia non possono, per quanto possibile, essere alienati.
Decisioni giudiziarie che applicano questa disposizione (17)
Arr.t.2023.84 · vd (art. 412 al. 1 CC)
Guardian Authorization for Gift to Ward's Daughter
The court explicitly authorized the payment of 10,000 fr. as a gift of use according to this article in the operative part.
F 2020 18 · zg (Art. 412 ZGB)
Appeal Against Removal of Guardian Rejected Due to Role Conflict
Cited in reasoning defining the mandate of the guardian regarding the ward's opinion and will (via Art. 406 Abs. 1 ZGB in the context of the general principles discussed).
C/13465/2012 · ge (Art. 412 al. 2 CC)
Protected Person's Firearms Destruction Authorized Without Proper Due Process
Cited in the reasoning regarding the curator's duty to avoid alienating items of particular value to the protected person.
2020.05.20.vv.4 · bl (Art. 412 Abs. 1 ZGB)
Mother Partially Successful in Guardian Compensation Appeal
Cited to explain the absolute prohibition of gifts.
9.2019.63 · ti (art. 412 cpv. 1 CC)
Protection Authority Jurisdiction Over Pre-Curatorship Donation Liquidation
Cited in the reasoning section to illustrate a rule of law that was deemed inapplicable.
Arr.t.2020.29 · vd (Art. 412 al. 1 CC)
Co-Curators' Appeal for Unauthorized Donation Refused
This article provided the substantive basis for the initial decision, which the appeal sought to overturn, and its application was central to the judgment on the merits.
2019.09.04.vv.2 · bl (Art. 405 bis Art. 412 ZGB)
Father's Appeal of Guardian Fees Partially Upheld
Governs the management of custodianship.
810.19.65 · bl (Art. 412 ZGB)
Father's Appeal on Guardian Compensation Partially Granted
Cited as part of the provisions governing the management of a custodianship, informing the scope of duty of care.
CMPEA.2017.26 · ne (Art. 412 CC)
Curator-Authorized Transfer for Son's Legal Fees Upheld Despite Capacity Restrictions
The court explicitly authorized the payment, which relates to the prohibition on donations made by the curator under this article.
106 2016 123 · fr (art. 412 al. 1 CC)
Curator Donation Authorization Appeal
The appeal was allowed because the donation was deemed a customary gift (présent d'usage) under this article.
C/20088/2013 · ge (Art. 412 al. 2 CC)
Appeal Against Curator's Final Report and Fees Dismissed
Cited to justify that the sale of the property was not contrary to the principle of respecting the person's emotional assets, as it was necessary to cover current needs.
C/9778/2009 · ge (art. 412 al. 2 CC)
Guardian Sale of Protected Person's Property Amid Debt and Procedural Challenges
Cited in the reasoning section concerning the duty of the curator to avoid alienating assets of particular value to the protected person, a point central to the appeal, which the court rejects.
PQ140094 · zh (Art. 412 Abs. 1 ZGB)
Protective Care Appointment and Capacity Restriction Appeal
Cited in the reasoning regarding the prohibition of making gifts at the expense of the protected person.
ZK1 2010 45 · gr (Art. 412 ZGB)
Appeal Against Curatorship and Unlawful Removal from Company Presidency
The provision cited by the lower authority as the basis for ordering the resignation was deemed inapplicable to a person under a 'Beiratschaft' (curatorship) in the final orders.
HC.2010.465 · vd (Art. 412 CC)
Lessee's Competence to Receive Service and Validity of Rent Demand in Eviction Proceedings
Cited in the reasoning to reject the argument that the eviction order should be overturned because the notice and termination were not sent to the legal guardian.