210
ZGBCC
CH
CH
Art. 97a Codice civile svizzero (CC)
CC; Parte prima: Del diritto matrimoniale; Titolo terzo: Del matrimonio; Capo terzo: Della procedura preparatoria e della celebrazione del matrimonio; Abis. Elusione del diritto in materia di stranieri
Art. 97a CC
L’ufficiale dello stato civile si rifiuta di procedere se uno dei fidanzati manifestamente non intende creare l’unione coniugale bensì eludere le disposizioni relative all’ammissione e al soggiorno degli stranieri.
Egli sente i fidanzati e può sollecitare informazioni da altre autorità o terzi.
Decisioni giudiziarie che applicano questa disposizione (48)
60/2024/34 · sh (Art. 97a ZGB)
Marriage Preparation Refusal Overturned Despite Sham Marriage Suspicion
The decision implies that the rejection of the request for marriage proceedings based on this article was wrongful, leading to the appeal being upheld.
ADM 2024 48 · ju (art. 97a al. 1 CC)
Marriage Refusal Overturned Due to Insufficient Evidence of Sham Marriage
Used to establish the conditions under which an officer of the civil registry can refuse to solemnize a marriage.
VB.2021.00514 · zh (Art. 97a Abs. 2 ZGB)
Registry Office Improperly Dismissed Marriage Application Without Mandatory Hearings
This article is cited in the list of legal norms, related to the procedure following a suspicion of circumvention.
VB.2021.00514 · zh (Art. 97a ZGB)
Registry Office Improperly Dismissed Marriage Application Without Mandatory Hearings
The court found that the registry office wrongly refrained from hearing the parties, violating the mandatory hearing requirement specified in this article.
GE.2020.0137 · vd (art. 97a CC)
Cantonal Court Upholds Refusal of Marriage Due to Evidence of Sham Union
The court confirmed the refusal to support the marriage based on the finding of a fictitious marriage under this article.
GE.2019.0169 · vd (art. 97a al. 2 CC)
Appeal of Marriage Refusal Based on Insufficient Investigation
Cited as a provision violated by the respondent authority because it failed to conduct the required personal hearing of the fiancés.
GE.2019.0213 · vd (art. 97a al. 1 CC)
Swiss National Marriage Refusal Upheld Due to Apparent Convenience Marriage
This article provides the main ground for the refusal of the marriage, as the court found that one fiancé manifestly did not intend to establish a conjugal community but rather to evade regulations on the admission and residence of foreigners.
GE.2017.0076 · vd (art. 97a du Code civil suisse du 10 décembre 1907 (CC; RS 210))
Appeal Against Refusal of Marriage Based on Suspicion of Convenience
This is the article cited by the lower authority (Office de l'Etat civil) as the basis for refusing the marriage, which the Cantonal Court ultimately ruled upon and overturned.
VB.2018.00286 · zh (Art. 97a ZGB)
Appeal Regarding Refusal of Residence Permit for Marriage Preparation and Duty of Investigation
This article is cited in relation to the issue of sham marriage, which is central to the factual clarification ordered.
GE.2017.0080 · vd (Art. 97a CC)
Appeal Against Refusal of Marriage Based on Immigration Status and Suspicion of Convenience Marriage
Cited in the decision under review for refusing consent to the marriage celebration on substantive grounds (simulated marriage).
GE.2016.0004 · vd (Art. 97a al. 1 du code civil suisse du 10 décembre 1907 (CC; RS 210))
Marriage Refusal Upheld Due to Suspicion of Convenience
This article is the legal basis cited in the reasoning that supports the refusal to celebrate the marriage due to suspected sham marriage for immigration purposes, which justifies the rejection of the appeal in the dispositive.
GE.2014.0210 · vd (art. 97a CC)
Swiss National Marriage Authorization Appeal Over Sham Marriage Allegations
The appeal was admitted because the court found that the conditions for refusing marriage under this article (manifest intent to evade alien law) were not met.
C-7294/2013 (Art. 97a al. 1 CC)
Marriage of Convenience vs. Stable Cohabitation: Residence Permit Granted
Cited to emphasize that manifest absence of intent to form a marital community is required to refuse marriage.
GE.2014.0078 · vd (art. 97a CC)
Refusal of Marriage Registration Based on Immigration Fraud Intent
The appeal was rejected because the court upheld the finding that the marriage was evidently a sham to circumvent foreign residency rules, as stated in this article.
VB.2013.00684 · zh (Art. 97a ZGB)
Refusal of Marriage Preparation Due to Sham Marriage Intent and Reviewing Authority Compensation in Administrative Appeals
This provision was used to justify the refusal of the civil registrar to participate in the marriage preparation procedure.