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Art. 152 Codice di diritto processuale civile svizzero (CPC) - Diritto alla prova
CPC; Parte prima: Disposizioni generali; Titolo decimo: Prova; Capitolo 1: Disposizioni generali
Art. 152 CPC · Diritto alla prova
Ogni parte può pretendere che il giudice assuma tutti i pertinenti mezzi di prova offerti tempestivamente e nelle forme prescritte.
Il giudice prende in considerazione mezzi di prova ottenuti illecitamente soltanto se l’interesse all’accertamento della verità prevale.
Decisioni giudiziarie che applicano questa disposizione (469)
4A_326/2025 (Art. 152 CPC)
Declaratory action on assignment of loan claims — inadmissibility due to availability of performance action
Used to address the burden of proof regarding the assignment of claims.
C/9130/2024 · ge (art. 152 CPC)
Refusal of Additional Witness Examination Based on Evidence Sufficiency
Basis for the right of a party to have the court administer adequate means of proof.
CMPEA.2025.35 · ne (Art. 152 CPC)
Child Custody Relocation Best Interest Determination
The appellant invoked a violation of the right to evidence based on this article in her grounds for appeal, although the court ultimately rejected this claim.
C/12487/2021 · ge (art. 152 al. 1 CPC)
Tenants' Rent Claim Dismissed as Abuse of Right Due to Strategic Delay
Mentioned in the reasoning regarding the right to adduce adequate means of proof, but not explicitly cited in the final dispositive orders (except implicitly when discussing the admissibility of evidence, which was not the deciding factor for the final outcome).
C/20324/2023 · ge (art. 152 al. 1 CPC)
Security for Costs in Unfair Competition Claim Denied Despite Financial Distress Allegations
Cited when assessing the request for production of an unredacted judgment, which was ultimately deemed unnecessary based on the likelihood standard.
C/23649/2022 · ge (Art. 152 al. 1 CPC)
Salesperson Commission and Bonus Dispute Amidst Supply Shortage
Cited regarding the right to provide adequate means of proof.
ZKBER.2023.61 · so (Art. 152 Abs. 1 ZPO)
Architect Agreement Termination and Cost Estimate Dispute
This provision establishes the right of a party to have admissible evidence taken, which was relevant to the refusal of the request for expert evidence.
C/1228/2024 · ge (Art. 152 al. 1 CPC)
Intermediary Contract Termination Disputes: Penalties, Commissions, and Witness Testimony
Cited implicitly as the basis for allowing parties to bring proof concerning pertinent and contested facts (Order 1).
C/20513/2022 · ge (art. 152 CPC)
Lease Termination Dispute Following Tenant Death and Occupant Status
Cited in the context of the right to evidence, which the court found was not violated.
NG240006.O · zh (Art. 152 Abs. 1 ZPO)
Commercial Subletting of Residential Units Justifies Contract Termination
Cited in relation to the appellant's claim that the court failed to take evidence, which the appellate court rejected by affirming the right to evidence is not absolute and allows for anticipated evidence appraisal.
ZK1 2024 5 · sz (Art. 152 Abs. 1 ZPO)
Husband v. Wife: Marital Property Division and Valuation Date Modification
The court states that each party has the right to have the court consider the evidence they have validly offered.
C/18916/2019 · ge (art. 152 al. 1 CPC)
Tenants v. Landlord: Humidity, Mold, and Evidentiary Errors in Lease Dispute
Cited to establish the parties' right to have adequate means of proof administered.
C1 22 161 · vs (Art. 152 al. 1 CPC)
Purchasers' Warranty Claim Reinstated Against Two-Year Prescription Period
Cited in the reasoning regarding the right to request evidence, relevant to the rejection of the request for a complementary expert opinion.
C/2668/2022 · ge (art. 152 al. 1 CPC)
Employee Compensation for Untaken Night Hours Leave
Cited in the context of the appellant's complaint regarding the violation of the right to evidence, although the court ultimately deemed the substantive ground decisive.
LB240021 · zh (Art. 152 Abs. 1 ZPO)
Appeal Regarding Contract Termination and Evidentiary Hearing Requirement
Cited in the reasoning as the basis for the violation of the right to evidence (which led to the remittal under Art. 327 (3) lit. a ZPO).