Legislator Giurisprudenza & Legislazione
210 ZGBCC CH

Art. 75 Codice civile svizzero (CC)

CC; Titolo secondo: Delle persone giuridiche; Capo secondo: Delle associazioni; C. Diritti e doveri dei soci; VI. Protezione dei diritti dei soci
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Art. 75 CC

Ogni socio ha, per legge, il diritto di contestare davanti al giudice le risoluzioni contrarie alla legge od agli statuti ch’egli non abbia consentite, entro un mese da quando ne ha avuto conoscenza.

← Art. 74 CC Codice civile svizzero (CC) Art. 75a CC →

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Decisioni giudiziarie che applicano questa disposizione (101)

ZK 2008 353 · be (Art. 75 ZGB)
Association Member vs. Association: Timeliness of Challenge to Breeding Ban
The action was time-barred because the one-month deadline stipulated in this provision for challenging association decisions was not met.
VB.2024.00542 · zh (Art. 75 ZGB)
Association Board Membership Dispute and Commercial Register Appeal Standing
Mentioned in the reasoning as the appropriate remedy available to the appellants before the civil court, which impacts the administrative court's jurisdiction/admissibility.
ZR1 2025 10 · gr (Art. 712m Abs. 2 i.V.m. Art. 75 ZGB)
Condominium Contribution Dispute: Improper Admission of Late-Filed Evidence
Cited in the reasoning by analogy to justify the strict time limit for submitting new facts based on knowledge gained at the general assembly.
ZK1 2024 10 · sz (Art. 75 ZGB)
Members' Association Dispute Regarding Dismissals and Circular Resolutions
Cited in the reasoning section (2.3c/aa) regarding the anfechtbarkeit (contestability) of the resolution concerning the dismissal of A.________, which implies its use as the procedural basis for this specific annulment.
C/22006/2021 · ge (Art. 75 CC)
Association Member Exclusion Challenged Over Lack of Due Process
Although cited in the reasoning concerning the possibility of challenging decisions, the court's decision to confirm the nullity of the exclusion decision is rooted in the violation of procedural rights, which falls under the scope of review related to challenging association decisions.
BO.2023.18.K1 · sg (Art. 712m Abs. 2 i.V.m. Art. 75 ZGB)
Condominium Owner Dispute Subject to Mandatory Arbitration Clause
The court confirmed that the challenged resolutions relate to the common administration and use of the property, which is the subject matter of the initial dispute that fell under the scope of the arbitration clause.
NP230031 · zh (Art. 75 ZGB)
Condominium Association Pet Policy Resolution Violated Regulations and Was Appealable
Cited as the legal basis for annulling a resolution of the owners' meeting that violates the regulations.
BO.2023.2.K1 · sg (Art. 712m Abs. 3 i.V.m. Art. 75 ZGB)
Condominium Owners v. Homeowners' Association (Resolution Annulment and Enforcement)
This provision relates to the nature of the appeal against resolutions of the condominium owners' association, which the court used to dismiss the parts of the claim requesting mandatory actions, as the appeal is only cassatory.
BO.2023.2.K1 · sg (Art. 712m Abs. 3 i.V.m. Art. 75 ZGB)
Challenging Community Resolution on Owner Flooring Standards
The court implicitly confirms the lower court's reasoning that the appeal was limited to challenging the association's decision based on these provisions, leading to the dismissal of requests for mandatory action.
HG.2021.39.HGK · sg (Art. 75 ZGB)
Foreign Company v. Swiss Association: Commercial Court Jurisdiction in Association Law Dispute
This article specifies the substantive claim being adjudicated (appeal against a decision concerning membership in an association).
ZKBER.2022.74 · so (Art. 75 i.V.m. Art. 712m Abs. 2 ZGB)
Condominium Owners' Appeal Regarding Garage Renovation Cost Allocation
Cited in the reasoning (E. II/4.2) to establish the court's competence to review condo resolutions based on law or statutes, leading to the dismissal of the appeal (Order 1).
2023.01.16.zr.01.rm · bl (Art. 75 ZGB)
Timeliness of Appeal Against Manager Removal Decision
Cited in relation to the distinction between challenging a resolution and removing an administrator.
ZSU.2022.209 · ag (Art. 75 ZGB)
Condominium Association Prevails in Dispute Over External Installations
This provision relates to the validity of decisions and the consequences of not challenging them.
HC.2022.866 · vd (Art. 75 CC)
Labor Agreement Penalty Recalculation on Apprenticeship Calculation
Cited in the dispositive (Order II) as the basis for annulling the CPN decision and remitting the case, as it governs the action to annul an association's decision.
LB220021 · zh (Art. 75 ZGB)
Property Owners' Assembly Resolutions Unlawfully Selective
Substantive provision concerning the challenge of resolutions of the homeowners' association.