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Art. 230 Codice di diritto processuale civile svizzero (CPC) - Mutazione dell’azione durante il dibattimento
CPC; Parte seconda: Disposizioni speciali; Titolo terzo: Procedura ordinaria; Capitolo 3: Dibattimento
Art. 230 CPC · Mutazione dell’azione durante il dibattimento
Durante il dibattimento, la mutazione dell’azione è ancora ammissibile se: a. sono date le premesse di cui all’articolo 227 capoverso 1; e b. la mutazione è fondata su nuovi fatti o su nuovi mezzi di prova.
L’articolo 227 capoversi 2 e 3 è applicabile.
Decisioni giudiziarie che applicano questa disposizione (143)
1B 20 10 · lu (Art. 230 Abs. 1 lit. a ZPO)
Claim Amendment Refusal Upheld Due to Failure to Meet Double Admissibility Threshold for New Facts.
Cited in connection with Art. 227 Abs. 1 lit. a ZPO, establishing the general admissibility requirements for the modification of the claim itself, which were deemed met by the lower court.
1B 20 10 · lu (Art. 230 Abs. 1 lit. b ZPO)
Claim Amendment Refusal Upheld Due to Failure to Meet Double Admissibility Threshold for New Facts.
This provision sets the cumulative requirement that a modification of the claim after the closing of the record must be based on new facts and evidence (novations).
C3 06 20 · vs (Art. 230 ZPO)
Trade Secret Protection Overrides Document Production in Evidence Admission Appeal
This procedural provision regarding the security deposit was cited as having been complied with.
RBOG.1995.Nr.41 · tg (§ 230 Abs. 1 ZPO)
Cross-Appeal Supplying Grounds for Defective Original Appeal
Cited to establish that the cross-appeal is linked to the act of filing the statement of defense (Berufungsantwort), not directly to a specific deadline.
RBOG.1995.Nr.41 · tg (§ 230 Abs. 2 ZPO)
Cross-Appeal Supplying Grounds for Defective Original Appeal
Cited in relation to the condition under which the cross-appeal (Anschlussberufung) would lapse if the main appeal were withdrawn.
ZZ.1993.1 · so (§ 230 Abs. 1 ZPO)
Jurisdiction Over Pre-Suit Spousal Maintenance Claims
This provision defines the judge handling the divorce case as the judge competent for interim measures (Massnahmenrichter) according to Art. 145 ZGB.
RBOG.1995.Nr.41 · tg (§ 230 Abs. 2 ZPO)
Permissibility of Cross-Appeal Curing Prior Omission and Timeliness of Cross-Appeal Under Extension
Cited as the rule stating that the ancillary appeal lapses if the main appeal is withdrawn or not proceeded upon.
RBOG.2002.Nr.31 · tg (§ 230 i.V.m. § 240 ZPO)
Interpretation of Permissible New Material Requests in Appeal Proceedings
Cited as the basis for the general admissibility of new pleadings and motions under the conditions of § 146 Abs. 2 ZPO.
3B 24 30 · lu (Art. 230 ZPO)
Late Introduction of Post-Nuptial Support Claims in Closing Arguments
Cited in the reasoning regarding the conditions under which a change of claim is permissible, which is central to the court's analysis regarding the timeliness of the new requests.
ZR1 2025 10 · gr (Art. 230 Abs. 1 lit. b ZPO)
Condominium Contribution Dispute: Improper Admission of Late-Filed Evidence
Cited in the reasoning to establish that a change in claim requires new facts or evidence, which were deemed untimely in this case.
HG190052 · zh (Art. 227 Abs. 1 ZPO i.V.m. Art. 230 ZPO)
Sale Price Dispute Regarding Online Marketing Business Revenue Share
Used as the basis for rejecting the procedural motion for a change of claim (Klageänderung) in order 1 of the final orders.
HG230069 · zh (Art. 230 Abs. 2 ZPO i.V.m. Art. 227 Abs. 3 ZPO)
Plaintiff v. Defendant (Rectification of Land Register)
Used to rule that the withdrawal of claim number 4 of the modified petition was admissible and the procedure disposed of in this respect.
LA230011 · zh (Art. 230 Abs. 1 lit. a ZPO)
Employee Termination Date Adjustment and Salary Award
Used to assess the admissibility of a change in claims during proceedings.
C/18691/2022 · ge (art. 227 et 230 CPC)
Former Employee Salary Dispute Under Inapplicable Collective Bargaining Agreement
Cited as the general rules governing the modification of claims, which were central to annulling part of the first instance ruling (Ch. 3).
C/18691/2022 · ge (art. 230 al. 1 let. a et b CPC)
Former Employee Salary Dispute Under Inapplicable Collective Bargaining Agreement
Cited to establish the conditions for the admissibility of the amplified claim during the main debate phase, which were not met.