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Art. 450a Codice civile svizzero (CC)
CC; Parte terza: Della protezione degli adulti; Titolo dodicesimo: Dell’organizzazione; Capo secondo: Della procedura; B. Motivi di reclamo
Art. 450a CC
Il reclamante può censurare: 1. la violazione del diritto; 2. l’accertamento inesatto o incompleto di fatti giuridicamente rilevanti; 3. l’inadeguatezza.
Può essere interposto reclamo anche per denegata o ritardata giustizia.
Decisioni giudiziarie che applicano questa disposizione (1,374)
C/8090/2022 · ge (art. 450a CC)
Appeal Regarding Revocation of Protective Measures for Minor Child
Cited in the reasoning (Section 1.2) establishing the court's scope of review (free examination of facts, law, and expediency).
C/20615/2024 · ge (art. 450a al. 1 CC)
Curatorship Scope Restricted to Real Property Management
Cited to define the scope of review (fact, law, and expediency).
C/9360/2023 · ge (art. 450a al. 1 CC)
Appeal Against Curatorship Imposed Due to Incapacity
This article defines the grounds for appeal (violation of law, false or incomplete findings of fact, inappropriateness of the decision), used implicitly when rejecting the appeal on the merits.
C/21696/2024 · ge (art. 450a CC)
Appeal of Curatorship Imposed Over Valid Power of Attorney for Incapacity
Cited in the reasoning section (1.2) stating that the Surveillance Chamber examines the case freely in fact, law, and expediency.
C/18297/2012 · ge (art. 450a CC)
Custody Withdrawal Upheld Pending Investigation of Paternal Violence Allegations
Cited to define the scope of review (free examination of facts, law, and expediency) applicable to the appeal.
C/17889/2024 · ge (art. 450a CC)
Mother's Appeal of Child Custody Removal Upheld Due to Underlying Psychological Fragility
Cited to establish the Chamber's standard of review (free examination of facts, law, and expediency) for the appeal against the second order.
C/22450/2011 · ge (art. 450a al. 1 CC)
Guardianship Termination Appeal Over Ineffective Treatment
Cited in the reasoning to establish the Court's full power of review (cognition complète).
CDP.2024.272 · ne (Art. 450a al.1 CC)
Appeal on Minor Children Placement Due to Maternal Instability and Procedural Flaws
The Court reviewed the case with full power of review (plein pouvoir d’examen) in the appeal proceedings.
CMPEA.2025.35 · ne (Art. 450a al. 1 CC)
Child Custody Relocation Best Interest Determination
This provision allowed the appeal to be judged on the merits (violation of law, false/incomplete finding of facts, or inexpediency).
C/12776/2021 · ge (art. 450a CC)
Appeal Against Curatorship for Mental Health and Financial Instability
The court examined the merits of the appeal freely, on facts, law, and opportunity, as permitted by this article.
C/22518/2013 · ge (art. 450a CC)
Mother's Relocation of Children to Spain Upheld Over Father's Appeal
Cited to establish the court's scope of review (free examination of facts, law, and expediency).
C/7132/2015 · ge (art. 450a CC)
Father's Appeal for Custody and Contact Denied Due to Child's Refusal and Existing Concerns
Governs the scope of the review by the Chamber of Surveillance (factual, legal, and expediency review).
106 2025 53 · fr (Art. 450a al. 1 CC)
Curatorship Upheld for Incapacitated Adult Despite Family Support
The appeal was rejected based on the court's full power of review, which includes examining the merits of the decision.
XBE.2025.11 · ag (Art. 450a Abs. 2 ZGB)
Guardianship Upheld Amidst Parental Disputes; Custody Proceeding Expedited
Legal basis for an appeal due to denial or delay of justice.
PQ250047 · zh (Art. 450a Abs. 1 ZGB)
Child Custody Dispute: Mother Granted Custody Despite History of Violence Due to Child's Preference and Support Measures
This provision defines the grounds for appeal (legal violation, incorrect fact finding, inappropriateness of the decision), though the appeal was ultimately dismissed based on its merits.