210
ZGBCC
CH
CH
Art. 67 Codice civile svizzero (CC)
CC; Titolo secondo: Delle persone giuridiche; Capo secondo: Delle associazioni; B. Loro organizzazione; I. Assemblea sociale; 3. Risoluzioni sociali; b. Diritto di voto e maggioranza
Art. 67 CC
Tutti i soci hanno egual diritto di voto nell’assemblea.
Le risoluzioni sociali sono prese a maggioranza dei voti dei soci presenti.
Non si può prendere una risoluzione sopra oggetti non debitamente preannunciati, eccettoché gli statuti espressamente lo permettano.
Decisioni giudiziarie che applicano questa disposizione (50)
ZK1 2024 10 · sz (Art. 67 Abs. 3 ZGB)
Members' Association Dispute Regarding Dismissals and Circular Resolutions
Cited in the reasoning section (2.2c/cc) concerning the violation of G.________'s right to present motions, which influenced the contested resolution (dismissal of A.________).
ZSU.2022.209 · ag (Art. 67 Abs. 3 ZGB)
Condominium Association Prevails in Dispute Over External Installations
This provision relates to the duty to include items in the agenda of a meeting.
F 2022 11 · zg (§ 67 Abs. 3 des Gesetzes über das Gesundheitswesen im Kanton Zug (Gesundheitsgesetz; GesG) i.V.m. § 57 Abs. 2 EG ZGB)
Involuntary Antipsychotic Treatment Upheld Despite Patient's Claim of Recovery
Cited as the basis for the decision that no court costs shall be levied.
F 2022 9 · zg (§ 67 Abs. 3 GesG i.V.m. § 57 Abs. 2 EG ZGB)
Patient Appeal Against Involuntary Treatment Based on Procedural Defect
Cited in the reasoning for declaring that no court costs would be levied.
F 2021 43 · zg (§ 67 Abs. 3 GesG i.V.m. § 57 Abs. 2 EG ZGB)
Appeal of Involuntarily Committed Patient Regarding Coercive Treatment and Discharge Mootness
Applied to determine that no court costs are to be levied (Order 2).
F 2020 45 · zg (§ 67 Abs. 3 GesG i.V.m. § 57 Abs. 2 EG ZGB)
Review of Lawfulness of Forced Isolation in Psychiatric Clinic Following Aggressive Incident
Regulation regarding the lack of court fees, cited in the dispositive order on costs.
F 2020 44 · zg (§ 67 Abs. 3 GesG i.V.m. § 57 Abs. 2 EG ZGB)
Psychiatric Patient's Challenge to Involuntary Isolation and Forced Medication Upheld
Cited in the reasoning for the order that no court fees are to be charged.
F 2020 16 · zg (Art. 67 Abs. 3 GesG i.V.m. § 57 Abs. 2 EG ZGB)
Appeal Regarding Involuntary Medication of Mentally Ill Patient
These procedural rules were cited to explain why no court costs are to be levied.
C/12127/2016 · ge (art. 67 al. 3 CC)
Co-Owner Appeal of Assembly Resolutions Time-Barred
Cited regarding the principle that decisions cannot be taken outside the agenda unless explicitly allowed by the statutes, but the related appeal ground was rejected because the action was time-barred.
ZK 2019 47 · be (Art. 67 Abs. 1 ZGB)
Condominium Vote Alteration Unanimity Requirement
Cited as the statutory provision establishing the default one-vote-per-owner rule (head vote).
HC.2018.148 · vd (Art. 67 al. 3 CC)
Condominium Owners v. Homeowners' Association Regarding 2014 Final Accounting
Cited in the analysis section regarding the requirement for agenda items to make a decision, which is applicable to condominium assemblies via Art. 712m al. 2 CC.
11.2016.104 · ti (art. 67 cpv. 2 CC)
Owner v. Condominium Assembly regarding Facade Renovation Method and Voting Validity
This provision on resolution voting majorities in associations was cited in the reasoning supporting the rejection of the appeal regarding the required majority for useful works.
RVJ 2018 p 166 176 · vs (art. 67 al. 2 CC)
Annulment of Community of Owners' Lease Termination for Common Area Terrace Due to Invalid Double Majority Vote
Mentioned in the reasoning regarding the controversial calculation method for the simple majority of heads (present or represented owners).
ZKBER.2016.48 · so (Art. 67 Abs. 2 ZGB)
Appellant v. Plaintiff Regarding Standing to Sue via Actio Pro Socio in Solidarity Contribution Dispute
Mentioned in the reasoning regarding the majority voting principle, but not explicitly cited in the final orders.
PS160054 · zh (Art. 67 N 18 BSK ZGB I-Heini/Scherrer)
Property Owner Appeal Regarding Asset Realization Auction Dismissed
Cited in the reasoning regarding the legal consequence of an improperly announced agenda item (voidable, not void).