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Art. 236 Codice di diritto processuale civile svizzero (CPC) - Decisione finale
CPC; Parte seconda: Disposizioni speciali; Titolo terzo: Procedura ordinaria; Capitolo 5: Decisione
Art. 236 CPC · Decisione finale
Se la causa è matura per il giudizio, la procedura si conclude con una decisione di merito o con una decisione di non entrata nel merito.
Il tribunale statuisce a maggioranza.
Ad istanza della parte vincente, vengono ordinate misure d’esecuzione.
Decisioni giudiziarie che applicano questa disposizione (825)
PD110003 · zh (Art. 236 ZPO)
Tenant Appeal of Tenancy Termination Settlement Validity and Procedural Review
Mentioned in context to distinguish between decisions on the merits and termination without such a decision.
C/5402/2025 · ge (art. 236 al. 3 CPC)
Landlord v. Tenant: Eviction Clear Case Procedure Appeal on Notice Period Clarity
Cited in the reasoning that the Court of Justice does not have jurisdiction to rule on enforcement measures, which will be handled by the lower court under this provision.
HE250060 · zh (Art. 236 Abs. 3 ZPO)
Leasing Company v. Lessee: Immediate Return of Vehicle Ordered
Basis for the court ordering enforcement measures upon request of the successful party.
HG 2023 72 · be (Art. 236 Abs. 2 ZPO)
Payment Service Provider Obligation to Maintain Account for Sanctioned Client
Cited in the reasoning (E. 43.1) regarding the court's power to order enforcement measures upon the successful party's request.
HG230012 · zh (Art. 236 Abs. 1 ZPO)
Sanctioned Individual Control Justifies Asset Freeze and Document Withholding
Indicates that the case is ready for a decision and judgment is to be rendered.
Z2 2024 69 · zg (Art. 236 Abs. 3 ZPO i.V.m. Art. 337 Abs. 1 ZPO)
Artist v. Company: Injunctive Relief for Artwork Control
Cited as a basis for the court granting enforcement measures (threat of penalty under Art. 292 StGB) in the judgment itself.
C/6922/2023 · ge (art. 236 al. 3 CPC)
Landlord's Termination of Lease Upheld Due to Tenant's Failure to Allow Inspection
Cited to explain the Tribunal's power to rule on enforcement measures, although the final order only refers the matter back.
HG210076 · zh (Art. 236 Abs. 1 ZPO)
ERP Software Payment Dispute and Counterclaims for Delay Penalties
States that a case is ready for a final decision when the main hearing is waived.
HG230091 · zh (Art. 236 Abs. 1 ZPO)
Seller Entitled to Remaining Purchase Price for Company Shares Despite Buyer's Claims of Misrepresentation and Error
Used to justify the decision to issue a judgment because the proceedings were ripe for decision.
HE240217 · zh (Art. 236 Abs. 3 ZPO)
Landlord Eviction for Unpaid Rent and Office Space
Used to order enforcement measures for the eviction ruling.
HE240218 · zh (Art. 236 Abs. 3 ZPO)
Landlord v. Tenant: Eviction for Unpaid Rent
This provision was cited in relation to the court ordering enforcement measures upon the request of the prevailing party.
C/24388/2019 · ge (Art. 236 CPC)
Appellant v. Volunteer Security Worker Regarding Altercation and Injury
Cited in the legal reasoning regarding procedural limitation.
HE240193 · zh (Art. 236 Abs. 3 ZPO)
Shareholder Action to Compel General Meeting Due to Board Inaction
Implicitly applied as the basis for ordering enforcement measures (substitute performance) when the primary obligation is not met, although Art. 700 OR is the main target of the order.
C/11951/2024 · ge (art. 236 al. 2 CPC)
Contractual Obligation to Discharge Servitude Despite Initial Co-Owner Refusal
Cited regarding the court's power to order indirect enforcement measures in the principal action, which were applied here via art. 292 CP threat in the provisional setting.
HE240174 · zh (Art. 236 Abs. 3 ZPO)
Landlord v. Tenant: Eviction for Rent Arrears
Cited as the basis for the court ordering enforcement measures upon application by the successful party.