210
ZGBCC
CH
CH
Art. 450d Codice civile svizzero (CC)
CC; Parte terza: Della protezione degli adulti; Titolo dodicesimo: Dell’organizzazione; Capo secondo: Della procedura; E. Osservazioni dell’autorità inferiore e riesame
Art. 450d CC
L’autorità giudiziaria di reclamo dà all’autorità di protezione degli adulti l’opportunità di presentare le proprie osservazioni.
Invece di presentare le proprie osservazioni, l’autorità di protezione degli adulti può riesaminare la decisione impugnata.
Decisioni giudiziarie che applicano questa disposizione (187)
C/16139/2021 · ge (art. 450d CC)
Appeal Regarding Prohibition on Child's International Travel Due to Procedural Defect
Cited in the reasoning that the Tribunal decided not to apply its prerogatives, which is background context to the main issue.
PQ250040 · zh (Art. 450d Abs. 2 ZGB)
Parent v. Child Protection Authority Regarding Visitation Restrictions
Cited in the reasoning regarding the KESB's ability to reconsider its decision during appeal proceedings, which influenced the review of the mootness claim.
C/26473/2020 · ge (art. 450d CC)
Compensation Fund Appeal on Direct Benefit Payment to Long-Term Care Facility
Cited as the provision under which the lower court waived exercising certain prerogatives, informing the context of the decision.
106 2024 77 · fr (art. 450d CC)
Mother's Right to Be Heard Violated in Custody Modification
Procedural rule governing appeals mentioned in the general procedural framework section.
ADM 2024 152 · ju (Art. 450d al. 2 CC)
Child Protection Case Appeal: Court Denies Suspension, Sets Deadline
Cited as the basis for the APEA's ability to reconsider its decision.
ADM 2024 152 · ju (art. 450d al. 1 et 2 CC)
Child Protection Case Appeal: Court Denies Suspension, Sets Deadline
Used to grant a deadline for the APEA to provide its position or reconsider its decision.
PQ240004 · zh (Art. 450d ZGB)
KESB's Inaction on Child Endangerment Report Rectified on Appeal
Cited for the principle that an official statement of reasons is normally expected in a legal refusal appeal, which was fulfilled by the KESB's statement of reasons in the appellate proceedings.
C/21266/2015 · ge (Art. 450d al. 2 CC)
Appeal Mooted by Subsequent Curatorship Appointment
Cited in the reasoning as the basis allowing the lower court to reconsider its decision, which led to the appeal becoming moot.
164----------- · vd (Art. 450d al. 2 CC)
Appeal Moot Due to Rescinded Protective Curatorship
The court declared the appeal moot because the appeal motive disappeared following the reconsideration of the provisional measure order, based on this article.
Arr.t.2023.373 · vd (art. 450d CC)
Parental Visitation Transportation Dispute
Cited regarding the procedure for the appellate court to give the lower court an opportunity to comment.
VWBES.2022.181 · so (Art. 450d ZGB)
Guardian's Final Account Approval Overturned Due to Financial Discrepancies
Cited in the reasoning (E. III.3) justifying the awarding of compensation due to the Vorinstanz's failure to recognize obvious inconsistencies.
Arr.t.2023.284 · vd (Art. 450d al. 2 CC)
Minor's Guardianship Appeal Rendered Moot by Subsequent Lower Court Decision
Cited as the legal basis for the lower authority reconsidering the disputed decision, which rendered the appeal moot.
63----------- · vd (Art. 450d CC)
Appeal Regarding Curatorship Imposed Without Full Medical Expert Report
Mentioned in the reasoning regarding the process for involving the lower court, although not explicitly in the final orders.
77----------- · vd (Art. 450d al. 1 CC)
Curatorship Appointment Upheld Despite Curator Resignation Following Appeal
Cited regarding the requirement to give the lower court the opportunity to take a position on the appeal.
Arr.t.2022.453 · vd (Art. 450d CC)
Cantonal Court Upholds Curatorship Over Incapacity Mandate Amidst Conflicting Medical Opinions and Family Conflict
This provision details the procedural step of involving the lower court (Justice de paix) in the appeal.