210
ZGBCC
CH
CH
Art. 431 Codice civile svizzero (CC)
CC; Parte terza: Della protezione degli adulti; Titolo undicesimo: Delle misure ufficiali; Capo terzo: Del ricovero a scopo di assistenza; C. Verifica periodica
Art. 431 CC
Al più tardi sei mesi dopo l’inizio del ricovero, l’autorità di protezione degli adulti accerta se le condizioni dello stesso sono ancora adempiute e se l’istituto è ancora idoneo.
Nel corso dei sei mesi seguenti effettua una seconda verifica. In seguito procede alla verifica quando sia necessario, ma almeno una volta all’anno.
Decisioni giudiziarie che applicano questa disposizione (82)
CMPEA.2025.24 · ne (Art. 431 al. 1 CC)
Curatorship Placement Duration Appeal
The court considered this article regarding the periodic review of placement conditions, although the decision ultimately rejected the appeal.
106 2025 34 · fr (art. 431 CC)
Placement Appeal Admissibility and Procedural Defect Remand
The court referred to this article when instructing the lower court to expedite the re-examination of the conditions for maintaining the placement order.
CMPEA.2024.69 · ne (Art. 431 CC)
In re Guardianship of Vulnerable Adult: Continuation of Placement Due to Insufficient Home Care Plan
Although cited in the reasoning to establish the general principles of placement, this article is not explicitly cited in the final operative orders (1, 2, 3).
CMPEA.2024.52 · ne (art. 431 CC)
Patient Placement in Assisted Living Facility Over Family Objection
Cited in relation to the periodic review of the conditions for maintaining the placement.
WBE.2023.196 · ag (Art. 431 Abs. 1 ZGB)
Family Court Lacks Authority to Order Psychiatric Commitment Without Medical Expertise
Cited in relation to the periodic review of the care placement, highlighting its implications for its duration.
Arr.t.2023.358 · vd (Art. 431 CC)
Cantonal Court Upholds Indefinite Placement for Severe Schizophrenia and Alcohol Dependence
The decision concerns the periodic review of the placement, which is governed by this article.
VWBES.2022.396 · so (Art. 431 Abs. 1 ZGB)
Father's Appeal of Child Removal and Foster Placement Dismissed
Cited in order 3.7 of the KESB decision regarding the deadline for the initial progress report from the mandate holder.
Arr.t.2022.1002 · vd (Art. 431 CC)
Appeal Regarding Indefinite Placement for Schizophrenia and Need for Reassessment of Less Restrictive Measures
Cited in the preamble concerning the legal basis for the appeal regarding periodic review of placement.
Arr.t.2022.881 · vd (Art. 431 CC)
Schizophrenia Patient Forced Medication and Indefinite Commitment Upheld
The court confirmed the decision regarding the maintenance of the placement for assistance based on this article.
ZK1 2022 96 · gr (Art. 431 Abs. 1 ZGB)
In Re: Continued Compulsory Placement for Medical Necessity
This article was cited in the underlying decision (order 1) as the basis for maintaining the placement.
PA220024 · zh (Art. 431 Abs. 1 ZGB)
Involuntary Placement Extension for Chronic Mental Disorder
Cited in the facts (E. 1.1) as the basis for the KESB's decision to extend the placement, which was the subject of the appeal.
CMPEA.2022.13 · ne (Art. 431 al. 1 CC)
Institution Appeal of Guardianship Placement Inadmissible
Cited in the factual background as the legal basis for the APEA to schedule the next review of the placement situation.
C1 22 63 · vs (art. 431 al. 1 CC)
Annulment of Placement Decision Due to Procedural Defects and Remand for New Expert Evaluation
Although the deadline was not respected, the court confirmed that non-compliance with the periodic review deadlines under this article does not automatically lift the placement, thus maintaining the measure pending a new decision.
C1 22 63 · vs (art. 431 al. 2 CC)
Annulment of Placement Decision Due to Procedural Defects and Remand for New Expert Evaluation
Although the deadline was not respected, the court confirmed that non-compliance with the periodic review deadlines under this article does not automatically lift the placement, thus maintaining the measure pending a new decision.
36----------- · vd (Art. 431 al. 2 CC)
Involuntary Commitment Upheld Due to Unmanageable Health Conditions
Cited to establish the date for the next periodic review of the placement.