210 ZGBCC

CH

Art. 651 Codice civile svizzero (CC)

CC; Parte prima: Della proprietà; Titolo diciottesimo: Disposizioni generali; C. Proprietà collettiva; I. Comproprietà; 10. Scioglimento; b. Modo della divisione

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Art. 651 CC

Lo scioglimento si effettua mediante divisione in natura, mediante la vendita a trattative private od agli incanti con divisione del ricavo, o mediante cessione della cosa ad uno o più dei comproprietari compensando gli altri.

Quando i comproprietari non si accordino circa il modo della divisione, il giudice ordina la divisione della cosa in natura, ed ove questa non si possa fare senza notevole diminuzione del valore, ne ordina la licitazione fra i comproprietari od ai pubblici incanti.

Trattandosi di divisione in natura la differenza dei lotti può essere conguagliata in denaro.

← Art. 650 CC Codice civile svizzero (CC) Art. 651a CC →

Decisioni giudiziarie che applicano questa disposizione (122)

SGSTA.2004.43 · so (Art. 651 ff. ZGB)

Taxpayer Deferral for Marital Home Sale and Joint Purchase

Cited in paragraph 5 as the basis for the legal concept of 'Gesamteigentum' (co-ownership) acquired.

C/26173/2020 · ge (Art. 651 al. 2 CC)

Custody, Support, and Property Division in Divorce Appeal

Cited regarding the termination of co-ownership by court order for sale or attribution, which informs the decision to attribute the property.

LC230013 · zh (Art. 651 Abs. 2 ZGB)

Recognition of Foreign Divorce Decree and Ancillary Disputes Over Property and Support

Applied as the basis for ordering the public auction of the jointly owned property due to lack of agreement on a private sale.

C/1305/2022 · ge (art. 651 al. 1 CC)

Divorce Property Liquidation Indemnity Calculation Appeal

Cited as one of the ordinary rules governing the termination of co-ownership by division, sale, or acquisition of shares.

C/12632/2019 · ge (art. 651 al. 2 CC)

Divorce Asset Liquidation: Loan Repayment and Classification of Transfers on Separation of Property Regime

Cited in the reasoning concerning the judge's power to order the division of co-owned property through sale if parties do not agree on the method of sharing.

C/11080/2024 · ge (art. 651 al. 1 CC)

Appeal Regarding Provisional Placement of Dog Based on Animal Welfare

Cited regarding the cessation of copropriety, used in the background discussion of ownership.

400.2024.37 · bl (Art. 651 Abs. 2 ZGB)

Public Auction Ordered for Co-Owned Land Division Over Physical Partition

This article is the legal basis for the court's decision on how to divide co-owned property when the co-owners cannot agree, leading to the order for public auction.

HG220143 · zh (Art. 651 Abs. 2 ZGB)

Co-ownership Division of Sub-Ground Leasehold Right via Public Auction

The court ordered the dissolution of co-ownership through public auction because physical division was deemed impossible, as stipulated by this article.

60/2022/40 · sh (Art. 651 Abs. 2 ZGB)

Municipality's Discretion in Second Public Auction for Real Estate Co-Ownership Division

This article governs the mandatory public auction for the dissolution of co-ownership when parties cannot agree, which forms the legal basis for the entire proceeding.

C1 23 127 · vs (art. 651 al. 2 CC)

Dissolution of Joint Property Ownership Upheld Over Business Use

Cited in the dispositive as the basis for confirming the lower court's decision regarding the mode of partition (public auction), as the parties did not contest the modalities.

LC220016 · zh (Art. 651 Abs. 2 ZGB)

Divorce Ancillary Matters: Property Division, Pension Equalization, and Eviction Deadline Appeal

The court noted that the public auction of the property was ordered based on this article, which was not contested.

C/2795/2018 · ge (art. 651 al. 2 CC)

Divorce Decree Appeal: Child Support, Property Division, and Foreign Pension Compensation

Cited regarding the judge's power to order the sale by auction if a co-owned asset cannot be divided in kind without reducing its value (though ultimately the conclusion was dismissed as moot).

C/8525/2016 · ge (art. 651 al. 2 CC)

Divorce Judgment Appeal: Pension Equalization and Matrimonial Property Sale Proceeds Re-apportionment

The court applied the rule allowing the judge to order the sale by public auction when co-owners do not agree on the division mode.

CACIV.2023.51 · ne (Art. 651 al. 2 CC)

Appeal of Property Division and Spousal Support in Divorce Action

The court used this article to justify ordering the public auction sale of the real estate unit because neither spouse could be attributed the full ownership share.

LC230025 · zh (Art. 651 Abs. 2 ZGB)

Property Auction Upheld in Joint Ownership Dispute

This article governs the method of division of co-owned property, including public auction when other methods are not feasible.