Art. 447 Codice civile svizzero (CC)

AGVE.2015.13 · ag (Art. 447 Abs. 2 ZGB)

Protective Custody Order Lacks Justification and Proper Hearing

Cited as the legal basis for the requirement of a hearing in collegio, and its violation led to the annulment of the decision.

WBE.2013.377 · ag (Art. 447 Abs. 2 ZGB)

Involuntary Psychiatric Care Movement Restrictions and Collegial Hearing Exceptions

Cited as the basis for the requirement of a hearing by the collegium of the family court, and its exception.

AGVE.2013.17 · ag (Art. 447 Abs. 1 ZGB)

Protective Custody: Restrictions and Delegation of Hearings

This provision states that the person concerned must be heard personally, provided it is not disproportionate, which is a general principle applied in the context of protective placements.

AGVE.2013.17 · ag (Art. 447 Abs. 2 ZGB)

Protective Custody: Restrictions and Delegation of Hearings

The court used this provision to establish that hearings for concerned persons in protective placements should generally be conducted by the collegium of the Family Court, not delegated to a single member, unless specific exceptions apply.

106 2024 98 · fr (art. 447 al. 1 CC)

Curatorship Change Appeal Due to Failure to Interview Ward

The court ruled that the decision must be annulled due to a violation of the right to be heard of the protected person (C.________) as required by this article.

ADM 2024 191 · ju (Art. 447 al. 1 CC)

Right to be Heard in Guardianship Proceedings

Cited as the legal basis requiring the authority to hear the affected person personally and orally before instituting a curatorship.

106 2025 34 · fr (art. 447 CC)

Placement Appeal Admissibility and Procedural Defect Remand

Cited generally in the reasoning regarding the hearing requirement.

106 2025 34 · fr (art. 447 al. 1 CC)

Placement Appeal Admissibility and Procedural Defect Remand

Cited in the reasoning to establish the requirement for the person concerned to be heard personally.

106 2025 34 · fr (art. 447 al. 1 CC)

Placement Appeal Admissibility and Procedural Defect Remand

The court found that the hearing from November 18, 2024, was no longer up-to-date, violating the requirement for personal hearing prior to the decision.

106 2025 34 · fr (art. 447 al. 2 CC)

Placement Appeal Admissibility and Procedural Defect Remand

The court found a violation of this article because the hearing on November 18, 2024, was not conducted by the panel required for a decision on placement for assistance.

F 2025 6 · zg (Art. 447 ZGB)

Elderly Dementia Patient's Involuntary Placement Overturned Due to Procedural Violations

Mentioned in the reasoning regarding the duty to personally hear the person concerned, relevant to the procedural flaws found, although not cited in the final dispositive orders 1-5.

WBE.2025.127 · ag (Art. 447 Abs. 1 ZGB)

In re Commitment of John Doe

The provision regarding exceptions to personal hearings is discussed in the context of the procedural violation.

WBE.2025.127 · ag (Art. 447 Abs. 2 ZGB)

In re Commitment of John Doe

The decision was overturned due to a violation of this article because the hearing was not conducted by the collegium.

C1 24 257 · vs (art. 447 al. 1 CC)

Appellate Court Overturns Mandated Placement Due to Procedural Violations and Insufficient Evidence of Imminent Danger

Cited as the legal basis for the violation of the right to be heard, justifying the admission of the appeal.

810.24.108 · bl (Art. 447 Abs. 1 ZGB)

Guardianship Expansion for Vulnerable Elderly Individual Upheld

Mandates a personal (oral) hearing of the person concerned, unless disproportionate.