210
ZGBCC
CH
CH
Art. 602 Codice civile svizzero (CC)
CC; Parte seconda: Della devoluzione dell’eredità; Titolo diciassettesimo: Della divisione dell’eredità; Capo primo: Della comunione prima della divisione; A. Effetto della devoluzione dell’eredità; I. Comunione ereditaria
Art. 602 CC
Quando il defunto lasci più eredi, sorge fra i medesimi una comunione di tutti i diritti e di tutte le obbligazioni che dura dall’apertura dell’eredità fino alla divisione.
I coeredi diventano proprietari in comune di tutti i beni della successione e dispongono in comune dei diritti inerenti alla medesima, sotto riserva delle facoltà di rappresentanza o d’amministrazione particolarmente conferite per legge o per contratto.
A richiesta di un coerede l’autorità competente può nominare alla comunione ereditaria un rappresentante fino alla divisione.
Decisioni giudiziarie che applicano questa disposizione (225)
VVGE.1983.84.Nr.37 · ow (Art. 602 ZGB)
Interdependence of Land Purchase and Construction Contracts for Transfer Tax Calculation
This provision is referenced regarding the joint disposal of community rights by co-heirs.
VB.2011.00730 · zh (Art. 602 Abs. II ZGB)
Co-Owner's Appeal of Solely Named Party's Building Decision Over Public Footpath Access
Cited in the reasoning regarding the legal status of the parties as co-owners (Gesamteigentum), although the main ground relates to the content of the pre-decision.
ZZ.1996.41 · so (Art. 33 und 49 LPG i.V.m. Art. 602 ZGB, § 12 Abs. 1 VRG.)
Heir Standing to Challenge Estate Lease Agreement
These provisions define the substantive law and procedural basis for the court's decision to dismiss the administrative court appeal due to lack of standing (Beschwerdelegitimation).
1C_257/2024 (Art. 602 al. 1 CC)
Inadmissibility of federal appeal by co-heirs of property owners against municipal right of preemption for lack of necessary joint action by all heirs as required by civil code on hereditary community.
Used to declare the appeal inadmissible because all heirs of the hereditary community must act jointly as necessary co-litigants.
ZK2 2024 14 · sz (Art. 602 Abs. 3 ZGB)
Estate Representative Appointment Confirmation Upheld
The appeal was dismissed because the requirements for appointing a special heir representative (Spezialerbenvertreter) were not met, which is based on this article.
C/4407/2024 · ge (Art. 602 al. 3 CC)
Estate Administration Conflict and Judicial Representative Denial
The court confirmed the lower court's decision which refused to appoint a representative for the estate community, based on an analysis of the conditions set out in this article.
C/16308/2015 · ge (Art. 602 al. 3 CC)
Heirs' Appeal Regarding Appointment of Estate Representative for Unclaimed Property Denied
The appeal was rejected after the court determined that the designation of a representative of the estate was not justified, despite the initial request being based on this provision.
LF250037 · zh (Art. 602 Abs. 1 ZGB)
Estate Division Appeal Dismissed for Lack of Substantiation
Provision defining the creation of a community of heirs through inheritance.
LF250037 · zh (Art. 602 Abs. 2 ZGB)
Estate Division Appeal Dismissed for Lack of Substantiation
Provision stating that heirs, as co-owners, can only dispose of the estate jointly.
LF250037 · zh (Art. 602 Abs. 3 ZGB)
Estate Division Appeal Dismissed for Lack of Substantiation
Provision allowing for the appointment of an estate representative if a community of heirs is unable to carry out joint legal actions.
101 2024 217 · fr (Art. 602 al. 3 CC)
Executor Revocation Upheld; Costs Apportioned to Estate
The court confirmed the appointment of a new representative for the deceased's estate community based on this provision.
LB240032 · zh (Art. 602 Abs. 3 ZGB)
Estate Heir Representative Appointment Appeal Affirmation
The main ground for the decision, as the appeal was rejected and the lower court's order appointing an estate administrator was confirmed based on this provision.
C/3321/2020 · ge (art. 602 al. 3 CC)
Heirs' Appeal Against Appointment of Third-Party Estate Representative Rejected
This article grounds the decision to appoint a representative for the community of heirs, which was the subject of the appeal regarding the lower court's decision.
SR.2023.00022 · zh (Art. 602 ZGB)
Loan Receivable Timing for Wealth Tax Assessment Post-Inheritance
Cited in the reasoning regarding the context of the legal relationship (inheritance/estate) relevant to the final order.
A-3365/2022 (Art. 602 ZGB)
French Tax Authority Fishing Expedition Claim Rejected
Governs the legal representation and standing of heirs in a community of heirs.