210
ZGBCC
CH
CH
Art. 612 Codice civile svizzero (CC)
CC; Parte seconda: Della devoluzione dell’eredità; Titolo diciassettesimo: Della divisione dell’eredità; Capo secondo: Del modo della divisione; C. Esecuzione della divisione; III. Attribuzione e vendita
Art. 612 CC
Gli oggetti, che divisi perderebbero considerevolmente di valore, devono essere attribuiti per intiero ad uno degli eredi.
Gli oggetti sulla cui divisione od attribuzione gli eredi non cadono d’accordo devono essere venduti per dividerne il prezzo.
Ciascun erede può chiedere che la vendita abbia luogo agli incanti, nel qual caso, in difetto di accordo, l’autorità decide se l’incanto debba essere pubblico o tra i soli eredi.
Decisioni giudiziarie che applicano questa disposizione (28)
ZOR.2023.3 · ag (Art. 612 ZGB)
Estate Division and Advancement of Property
Cited as the legal basis for the sale or auction of inheritance assets.
C1 22 268 · vs (Art. 612 Abs. 2 und 3 ZGB)
Estate Division Dispute: Sale of Principal Asset and Lottery for Remainder
Cited as the basis for mandating the sale/auction of an asset when its value prevents assignment to a single lot without excessive equalization payments.
ZOR.2023.20 · ag (Art. 612 Abs. 2 ZGB)
Estate Division Dispute: Grandchildren vs. Daughter
Cited to state that if heirs cannot agree on the division or allocation of an asset, it must be sold and the proceeds divided.
BO.2020.31 · sg (Art. 612 Abs. 3 ZGB)
Heir Dispute Over Liquidation of Inherited Property: Public Auction Upheld Over Internal Bidding
Cited to confirm that the law provides for bidding (public or internal) when property must be sold, and that the authority decides the type of bidding if the heirs disagree.
BO.2020.31 · sg (Art. 612 Abs. 3 ZGB)
Estate Division: Auction Versus In-Kind Distribution Due to Valuation Obstruction
The court rules on the form of auction (public vs. among heirs) as mandated by this provision.
HC.2021.191 · vd (Art. 612 CC)
Succession Partition and Forced Sale Appeal
The substantive law regarding the division of assets, cited at the start, although the final orders did not use it to change the substantive ruling, as the appeal was rejected based on the facts/disproportion of the 'soulte'.
HC.2018.379 · vd (Art. 612 al. 2 et 3 CC)
Estate Partition Dispute Over In-Kind Division vs. Forced Sale
This provision was cited as the basis for upholding the trial court's decision regarding the sale of the inherited property by auction because the heirs could not agree on a division in kind.
ZK1 2012 12 · sz (Art. 612 ZGB)
Estate Division Appeal Regarding Agricultural Land Allocation and Compensation Calculation
Cited in the reasoning concerning the division of the machinery park, leading to the order for public auction instead of assignment to the appellant.
ZK1 2013 48 · gr (Art. 612 Abs. 1 ZGB)
Heir's Appeal Against Forced Sale of Undivided Inherited Property Dismissed.
The court recognized that the two properties constituted an indivisible item, meaning they could not be divided into separate lots without significant loss of value.
ZK1 2013 48 · gr (Art. 612 Abs. 2 ZGB)
Heir's Appeal Against Forced Sale of Undivided Inherited Property Dismissed.
The court applied this article to rule that the property must be sold because the heirs could not agree on its allocation, which exceeds the exception where the difference in value is not significant.
ZK1 2013 48 · gr (Art. 612 Abs. 3 ZGB)
Heir's Appeal Against Forced Sale of Undivided Inherited Property Dismissed.
The court referenced the authority to decide on the manner of sale (public auction vs. among heirs) when the parties disagree.
11.2011.40 · ti (art. 612 cpv. 1 CC)
Appeal Regarding Judicial Sale of Inherited Real Estate Due to Impracticable Division
The court implicitly confirmed the lower court's decision to order the sale based on the principle that objects that considerably lose value if divided must be attributed whole or sold, as stated in the reasoning section regarding the sale.
LB110074 · zh (Art. 612 Abs. 2 ZGB)
Estate Division and Real Property Valuation Appeal
Cited within the reasoning regarding the rule that an asset must be sold if its value significantly exceeds an heir's share.
LB110074 · zh (Art. 612 Abs. 3 ZGB)
Estate Division and Real Property Valuation Appeal
Cited within the reasoning regarding the rule that a sale must take place by auction, with the authority deciding between public or private auction among heirs.
167.II · vd (Art. 612 al. 2 CC)
Estate Division and Auction of Chalet Among Heirs
Cited implicitly in the reasoning that supported the primary decision (sale by auction when property cannot be divided without significant reduction in value).