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Art. 466 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte seconda: Dei singoli contratti; Titolo diciottesimo: Dell’assegno; A. Definizione
Art. 466 CO
Mediante l’assegno viene autorizzato l’assegnato di rimettere, per conto dell’assegnante, denaro, cartevalori od altre cose fungibili all’assegnatario e questi di ritirare la cosa in proprio nome.
Decisioni giudiziarie che applicano questa disposizione (13)
HG230002 · zh (Art. 466 OR)
Bank's Right to Reverse Erroneous Credit Upheld
Used to define the legal framework of instructions, including the roles of the instructing party, the instructed party, and the beneficiary.
Handelsrecht.Forder · ag (Art. 466 OR)
Sub-subcontractor v. Property Owner: No Contractual Claim Found
Concerns instructions or authorizations from the principal to pay third parties.
BO.2017.20 · sg (Art. 466 OR)
Fraudulent Inheritance Scheme and Unjust Enrichment Claim
The court concluded that there was no instruction relationship (Anweisungsverhältnis) because the plaintiff was not validly instructed by the alleged principal (D. / T.) to pay the defendant.
BO.2017.20 · sg (Art. 466 OR)
Physician's Unjust Enrichment Claim Against Textile Company Fails Due to Lack of Instruction and Good Faith Relinquishment
The court determined that the appeal must fail because there was no valid instruction (Anweisung) relationship, which is necessary to exclude unjust enrichment claims based on this provision.
LB120093 · zh (Art. 466 OR)
Association Liable for Manager's Misappropriation of Pension Funds
Used to interpret the plaintiff's intention as an instruction to transfer the funds.
LB120101 · zh (Art. 466 OR)
Association Liable for Director's Misappropriation of Pension Funds
Cited as a related instruction within the mandate relationship that forms the basis for the obligation to reimburse the sum.
LB120091 · zh (Art. 466 OR)
Organization Liable for Fraudulent Diversion by Office Manager
Cited as the legal nature (instruction/Anweisung) related to the mandate concerning the transfer of capital.
NE110016 · zh (Art. 466 ff. OR)
Lawyer Fee Dispute Against Foundation; Burden of Proof for Unpaid Invoices
Cited in the reasoning as the legal basis for interpreting the instruction/mandate given to the third party (E._____).
KV.2004.00005 · zh (Art. 466 OR)
Insurer's Claim for Repayment of Erroneous Social Insurance Payments
Although cited extensively in the reasoning concerning authorization for payment to a third party, this article was not explicitly cited in the dispositive orders.
12.2004.18 · ti (art. 466 CO)
Electronic Material Seller v. Bank Regarding Non-Execution of Payment Orders
Cited in the reasoning regarding the definition of an 'assegno' (check/draft), although the final order only concerns procedural costs.
LB120091 · zh (Art. 466 OR)
Non-Profit Liable for Agent's Misappropriation of Client Pension Funds Under Apparent Authority Doctrine
Characterization of the relationship regarding the transfer of the severance payment as an instruction (Anweisung).
LB120093 · zh (Art. 466 OR)
Association Liable for Manager's Fraudulent Misappropriation of Client Funds Under Apparent Authority
Cited in relation to the instruction (Anweisung) that should have transferred the capital to the pension fund.
LB120101 · zh (Art. 466 OR)
Non-Profit Association Liability for Employee Fraud under Apparent Authority
Cited in the context of classifying the relationship as a mandate combined with an instruction (Anweisung).