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ORCO
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Art. 243 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte seconda: Dei singoli contratti; Titolo settimo: Della donazione; C. Costituzione della donazione; II. Promessa di donazione
Art. 243 CO
La promessa di donazione esige per la sua validità la forma scritta.
Se l’oggetto donato è un fondo od un diritto reale immobiliare, la donazione dev’essere fatta per atto pubblico.
Quando la promessa sia eseguita, le si applicano le norme della donazione manuale.
Decisioni giudiziarie che applicano questa disposizione (33)
100 2022 66 · be (Art. 243 Abs. 2 OR)
Tax Commission Inheritance Tax Re-evaluation on Voided Paternity Gift Transfer
Cited in the reasoning to establish the required formal validity (public deed) for a gift contract involving real estate.
ZVE.2021.42 · ag (Art. 243 Abs. 1 OR)
Simulated Loan Agreement for CHF 20,000 Declared Invalid
Requires a written form for gratuitous promises to release a debtor from their debt.
ZVE.2021.42 · ag (Art. 243 Abs. 3 OR)
Simulated Loan Agreement for CHF 20,000 Declared Invalid
Specifies the conditions under which a gratuitous promise becomes effective even without written form, if the recipient of the debt fulfillment has paid the creditor.
2022.01.18.zr.1 · bl (Art. 243 Abs. 1 OR)
Debtor's Appeal Valid Despite Improper Labeling; Temporary Halt to Debt Enforcement Upheld
This article was cited regarding the general requirement of written form for a gift promise.
2022.01.18.zr.1 · bl (Art. 243 Abs. 2 OR)
Debtor's Appeal Valid Despite Improper Labeling; Temporary Halt to Debt Enforcement Upheld
This article was relevant for determining the formal requirements for the gift promise, specifically regarding real estate.
C/9720/2016 · ge (Art. 243 al. 1 CO)
Companion's Claim Against Estate for Unpaid Wages and Lump Sum Fails Due to Lack of Proven Employment or Valid Gift
Cited in the reasoning concerning the formal requirements for a promise to give (donation), relevant to the analysis of the CHF 36,000 indemnity.
LB180019 · zh (Art. 243 Abs. 1 OR)
Appeal Regarding Enforcement of Bearer Share Gift Promise
The court confirmed the existence of a valid promise of donation, which served as the basis for the plaintiff's right to fulfillment (obligationary claim).
OGVE.2016.17.04.htm · ow (Art. 243 Abs. 3 OR)
Loan Agreement Proven Despite New Evidence Rule
Cited to establish that neither a loan agreement nor a completed gift is subject to form requirements.
C/16024/2012 · ge (Art. 243 al. 1 CO)
Appellant v. Two Defendants (Remuneration Dispute)
Cited as the formal requirement for a promise of donation.
BO.2015.15 · sg (Art. 243 Abs. 1 OR)
Claimant's Gift Claim Dismissed Due to Unproven Authenticity and Lack of Proved Acceptance
Cited as the requirement for the written form of a promise of gift, which is a necessary element for contract formation.
BO.2015.15 · sg (Art. 243 Abs. 1 OR)
Disputed Gift Promise and Lack of Timely Acceptance
Cited as the requirement for the written form of a promise of gift.
5.2015.SNR · vd (Art. 243 al. 1 CO)
Loan Repayment from Former Partner Established by Conduct
Cited regarding the written form required for promises of donation, relevant to the gratuitous nature of a potential debt assumption.
HC.2015.31 · vd (art. 243 CO)
Appeal of Injunction Against Real Estate Transfer Based on Habitation Right
Cited in the reasoning when discussing the former formal requirements for gratuitous servitude promises.
LB140060 · zh (Art. 243 Abs. 1 OR)
Heir's Challenge to CHF 2 Million Gift Promise to Foundation Dismissed
The court cited this provision in its reasoning regarding the nature of the written promise of gift, although the core decision relies on the established validity of the promise under these rules.
ML.2012.334 · vd (Art. 243 al. 1 CO)
Debt Acknowledgment in Donation Promise Upheld Against Debt Collection Opposition
This provision was cited in the reasoning concerning the formal validity of the donation as a debt acknowledgement, although the core ground for the ruling was Art. 82 LP.