210
ZGBCC
CH
CH
Art. 736 Codice civile svizzero (CC)
CC; Parte seconda: Dei diritti reali limitati; Titolo ventesimoprimo: Delle servitù e degli oneri fondiari; Capo primo: Delle servitù prediali; B. Costituzione e cessazione; II. Estinzione; 3. Per sentenza
Art. 736 CC
Quando una servitù abbia perduto ogni interesse per il fondo dominante, il proprietario del fondo serviente ne può chiedere la cancellazione.
Se pel fondo dominante vi è ancora un interesse, ma di lieve importanza in confronto alla gravità dell’onere, la servitù può essere riscattata o ridotta mediante indennità.
Decisioni giudiziarie che applicano questa disposizione (180)
OG ARGVP 2002 3398 · ar (Art. 736 ZGB)
Servitude Restricting Construction Upheld Against Zoning Approval
This article regarding the extinction of the servitude was mentioned in the context of discussing the applicability of the 'clausula rebus sic stantibus'.
RBOG.1999.Nr.23 · tg (Art. 736 Abs. 1 ZGB)
Property Owner Seeks Cancellation of Right-of-Way Servitude; Necessary Joinder and Extinguishment with Compensation Upheld
The claim for removal of the servitude was based on this provision, which formed the basis of the original request.
RBOG.1999.Nr.23 · tg (Art. 736 Abs. 2 ZGB)
Property Owner Seeks Cancellation of Right-of-Way Servitude; Necessary Joinder and Extinguishment with Compensation Upheld
The court upheld the decision to extinguish the easement by substitution (Ablösung) based on this provision, confirming it was permissible even when only unconditional removal was requested.
BGE 89 II 370 (Art. 736 cpv. 1 CC)
Cancellation of water-power easements for permanent impossibility of exercise under Article 736 CC.
Substantive basis for ordering the cancellation of the two water-power easements.
RBOG.1999.Nr.23 · tg (Art. 736 Abs. 1 ZGB)
Servitude Beneficiaries Not Necessary Joinder in Cancellation Suit; Compensation Ruling Within Scope of Cancellation Claim
This article was discussed as the basis for the plaintiff's original claim for unconditional cancellation of the servitude.
RBOG.1999.Nr.23 · tg (Art. 736 Abs. 2 ZGB)
Servitude Beneficiaries Not Necessary Joinder in Cancellation Suit; Compensation Ruling Within Scope of Cancellation Claim
The court applied this article to rule on the substitution (Ablösung) of the servitude against compensation, even though only unconditional cancellation was requested.
C/25341/2021 · ge (art. 736 al. 1 CC)
Divorce Appeal: Custody Modification and Marital Property Reappraisal
Basis for annulling the usufruct right because it had lost all utility, as determined in the reasoning leading to the order.
60/2022/5 · sh (Art. 736 Abs. 1 ZGB)
Municipality's Refusal to Delete Predial Servitude Not Subject to Administrative Review
The refusal to rule on the deletion of the easement was upheld because, according to the reasoning, the matter must be brought before the civil court.
LB240008 · zh (Art. 781 Abs. 3 i.V.m. Art. 736 Abs. 1 ZGB)
Servitude Removal Due to Fulfilled Purpose
This provision forms the legal basis for assessing whether the personal servitude lost its purpose, justifying the final decision to dismiss the appeal and confirm the lower court's ruling on the deletion of the servitude.
CACIV.2023.81 · ne (Art. 736 al. 1 CC)
Servitude Cancellation Denied Due to Continued View Utility
This provision sets the legal basis for demanding the extinction of a servitude that has lost all utility for the dominant tenement, which was the core subject of the initial claim and the appeal.
CACIV.2023.81 · ne (Art. 736 al. 2 CC)
Servitude Cancellation Denied Due to Continued View Utility
This provision regarding the extinction of servitudes was mentioned, although the court found it unnecessary to examine it further after concluding that the servitude retained utility under Art. 736 para. 1 CC.
ZK1 2022 172 · gr (Art. 736 Abs. 1 ZGB)
Servitude Relocation and Modification Dispute: Appellate Court Partially Grants Review but Upholds Dismissal of Specific Claims
Cited by the appealing parties in their modification of the claim concerning the deletion of the right of way, although the court ultimately did not rule on this modification (Art. 736 Abs. 1 ZGB not explicitly used in the final orders, but mentioned in reasoning for non-decision).
C/9311/2019 · ge (art. 736 al. 1 CC)
Servitude Removal and Relocation Agreement Upheld
The court confirmed the first instance judgment which ordered the radiation of the right of way servitude based on its loss of utility for the dominant tenement.
HC.2023.103 · vd (Art. 736 CC)
Servitude Cancellation Due to Loss of Utility and Bad Faith Procedural Challenges
The core substantive law justifying the original order to cancel the servitude, although the court confirms the first instance decision based on procedural findings and existing facts (loss of utility).
C1 21 13 · vs (art. 736 al. 1 CC)
Servitude Right-of-Way Dispute: Vehicle Access Extinguished Due to Impossibility
The Court partially allowed the counterclaim for the deletion of the servitude, limiting it to a right of way for pedestrians because the vehicle passage had lost all utility.