Legislator Giurisprudenza & Legislazione
210 ZGBCC CH

Art. 68 Codice civile svizzero (CC)

CC; Titolo secondo: Delle persone giuridiche; Capo secondo: Delle associazioni; B. Loro organizzazione; I. Assemblea sociale; 3. Risoluzioni sociali; c. Esclusione dal diritto di voto
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Art. 68 CC

Nelle risoluzioni sociali concernenti un interesse privato od una controversia giuridica fra la società da una parte ed un socio, il suo coniuge od un suo parente in linea retta dall’altra parte, il socio è escluso per legge dal diritto di voto.

← Art. 67 CC Codice civile svizzero (CC) Art. 69 CC →

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Decisioni giudiziarie che applicano questa disposizione (27)

ZK1 2024 10 · sz (Art. 68 ZGB)
Members' Association Dispute Regarding Dismissals and Circular Resolutions
Cited in the reasoning section (2.3c/cc) to explain why the applicants were not excluded from voting on the procedural motion regarding the order of business.
CACIV.2025.6 · ne (Art. 68 al. 1 CC)
Custody Revocation Upheld After Husband Misled Court on Abduction Risk
Although the reasoning section mentions that the costs follow the outcome of the main case (Art. 68 al. 1 CC), this article is not explicitly cited in the dispositive orders (1, 2, or 3).
B-3859/2022 (Art. 68 CC)
Board Member Reinstatement Following Improper Voting on Removal
Applied by analogy to determine the exclusion of votes from council members involved in cases concerning themselves or their relatives.
2022.OG.V.22.13 · ur (Art. 68 Abs. 1 EG/ZGB)
Council Appointment of Estate Representative Upheld Due to Co-Heir Deadlock and Property Risk
The Municipal Council's competence in deciding on the appointment of an estate representative is confirmed as part of the procedural context.
2022.OG.V.22.13 · ur (Art. 68 Abs. 2 lit. a EG/ZGB)
Council Appointment of Estate Representative Upheld Due to Co-Heir Deadlock and Property Risk
The Municipal Council's competence in deciding on the appointment of an estate representative is confirmed as part of the procedural context.
C/12899/2017 · ge (Art. 68 CC)
Co-Owner Voting Conflict of Interest in Facade Repair Litigation
The decision regarding the action against G_____ was annulled because F_____ SA, represented by G_____, was in a conflict of interest and could not vote.
11.2019.26 · ti (art. 68 CC)
Condominium Cost-Sharing Dispute Over Hotel Management Contracts
Cited in relation to Art. 712*m* cpv. 2 CC when discussing the conflict of interest of F_____ SA.
HC.2019.925 · vd (Art. 68 CC)
Condominium Association Lease Termination Resolution Upheld on Majority and Timeliness Grounds
Cited in the reasoning section concerning the exclusion of a co-owner's right to vote in decisions where they have a personal interest.
AC.2018.0403 · vd (Art. 68 al. 1 CC)
Appeal Against Building Permit Due to Unsafe Vehicle Access Gradient and Visibility
Cited in the reasoning regarding the owner's obligation to receive natural water runoff.
AC.2018.0403 · vd (Art. 68 al. 2 CC)
Appeal Against Building Permit Due to Unsafe Vehicle Access Gradient and Visibility
Cited in the reasoning regarding the prohibition against modifying natural water runoff to the detriment of the neighbor.
VWBES.2019.100 · so (Art. 68 Abs. 1 Ziff. 2 ZGB)
Father's Appeal Against Child Placement Modification and Guardian Duties Dismissed
Although not explicitly cited in the dispositive orders, the court dismissed the appeal because the substantive grounds raised (regarding prior decisions or issues not part of the contested decision) were not subject to appeal within the scope of the decision challenged.
LF170052 · zh (Art. 68 ZGB)
Association Board Election Dispute - Interim Measures Upheld
Discussed in relation to the exclusion of voting by interested parties in association decisions, specifically regarding the election of a board member.
RVJ 2018 p 166 176 · vs (Art. 68 CC)
Annulment of Community of Owners' Lease Termination for Common Area Terrace Due to Invalid Double Majority Vote
Applied to exclude the appellant's vote due to a clear conflict of interest regarding the termination of a contract between the community and himself.
2017.03.29.vv.2 · bl (§ 68 Abs. 1 lit. b EG ZGB)
Jurisdiction over Child Welfare Case Hinges on Mother's Domicile at Time of Report
Used to establish when a child protection procedure is deemed to have been initiated and thus becomes pending.
HG120103 · zh (Art. 68 ZGB)
Partnership Suit Dismissed for Lack of Necessary Joinder
Cited in the reasoning regarding voting exclusion rules for associations, but not explicitly used in the dispositive ruling, thus excluded.