210
ZGBCC
CH
CH
Art. 517 Codice civile svizzero (CC)
CC; Parte prima: Degli eredi; Titolo quattordicesimo: Delle disposizioni a causa di morte; Capo quinto: Degli esecutori testamentari; A. Nomina
Art. 517 CC
Il testatore può, mediante disposizione testamentaria, incaricare dell’esecuzione della sua ultima volontà una o più persone aventi l’esercizio dei diritti civili.
L’incarico dev’esser loro comunicato d’officio ed esse devono pronunciarsi sulla accettazione entro quattordici giorni. Il silenzio vale accettazione.
Esse hanno diritto ad un equo compenso per le loro prestazioni.
Decisioni giudiziarie che applicano questa disposizione (57)
C/17255/2002 · ge (art. 517 al. 1 CC)
Executors' Accountability Limited by Partial Partition Deed
Cited when defining the power of the testator to appoint an executor.
101 2024 217 · fr (Art. 517 al. 1 CC)
Executor Revocation Upheld; Costs Apportioned to Estate
Cited to establish the initial mandate of the executor.
BO.2023.26.29.K1 · sg (Art. 517 f. ZGB)
Surviving Spouse Inheritance Rights in Valid Marriage with Undivided Estate
This provision (implicitly related to Art. 604 ZGB) grounds the decision to reject the plaintiff's claim regarding the determination and allocation of the net estate because the heir division plan by the executor was not yet available.
ZK1 2021 8 · gr (art. 517 cpv. 3 CC)
Executor Compensation Fee Determination Jurisdiction Dispute
The decision to annul the lower court's ruling is based on the fact that the judge was not competent to rule on the executor's fee, which is governed by this article.
LF220050 · zh (Art. 517 Abs. 2 ZGB)
Appeal Moot Due to Subsequent Testamentary Filings
Cited in relation to the time limit for the appellant to declare acceptance of the mandate as executor.
C/3766/2018 · ge (Art. 517 al. 3 CC)
Hereditary Community Representative Compensation and Malfeasance Appeal
This provision concerning the equitable remuneration of an executor was used by the lower court (and upheld by the Court) to determine the partial fee awarded to the estate representative.
C/18791/2019 · ge (art. 517 al. 3 CC)
Executrix Fee Dispute Jurisdiction over Justice of the Peace
This provision defines the right of the executor to an equitable indemnity, which was the core subject matter of the appeal regarding the remuneration claimed.
7----------- · vd (Art. 517 CC)
Estate Executor Revocation and Fee Dispute
The court's final order partially grants the appeal by the heirs, resulting in the revocation of the executor, which is grounded in the substantive law governing the role and potential removal of an executor.
C/22430/2020 · ge (art. 517 al. 1 CC)
Executor Designation Validity After Notary Retirement
Cited in the reasoning section discussing the capacity of the testator to appoint an executor, directly related to the core issue decided.
C/7617/2012 · ge (art. 517 al. 3 CC)
Estate Representative Remuneration Dispute
Used as the overarching federal law criterion for determining the 'equitable indemnity' for the estate representative, despite the lower court's error in applying cantonal tariffs.
C/23015/2020 · ge (Art. 517 al. 1 CC)
Executrix Appeal of Restricted Powers Over Estate Liquidation Pending Inheritance Dispute
Cited to define the testators' right to appoint an executor of the will.
HC.2020.582 · vd (Art. 517 al. 3 CC)
Cantonal Review Chamber: Executor Legal Fee Reimbursement Dispute
Cited in the reasoning context regarding the executor's right to fair compensation, which supports the decision to overturn the restitution order.
HC.2020.4 · vd (Art. 517 al. 3 CC)
Heir Challenge to Executor Fee Authorization Upheld on Jurisdictional Grounds
Cited in the reasoning preceding the dispositive, concerning the executor's entitlement to fair compensation, but not explicitly cited in the operative orders (I-IV).
2019.05.29.vv.3 · bl (Art. 517 ZGB)
Estate Executor Certificate Subject to Will Objection Disclosure
Cited in relation to the appointment of an executor and substitute executor, and the notification process.
C/22481/2018 · ge (Art. 517 CC)
Executor Appointment Validity Appeal
The decision to grant the appeal and annul the lower court's refusal is based on the finding that the appellant was designated as the executor of the will according to this article.