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Art. 279 Codice di diritto processuale civile svizzero (CPC) - Omologazione della convenzione
CPC; Parte seconda: Disposizioni speciali; Titolo sesto: Procedure speciali di diritto matrimoniale; Capitolo 2: Procedura di divorzio
Art. 279 CPC · Omologazione della convenzione
Il giudice omologa la convenzione sulle conseguenze del divorzio quando si sia convinto che i coniugi l’abbiano conclusa di loro libera volontà e dopo matura riflessione e che la medesima sia chiara, completa e non manifestamente inadeguata; sono fatte salve le disposizioni in materia di previdenza professionale.
La convenzione è giuridicamente valida soltanto se omologata dal giudice. Essa deve figurare nel dispositivo della decisione.
Decisioni giudiziarie che applicano questa disposizione (357)
5A_539/2025 (Art. 279 CPC)
Spousal Separation Agreement Without Judicial Ratification Valid Under Article 163 Civil Code; Not Subject to Article 279 Code of Civil Procedure Ratification Requirement.
Procedural provision applied in the dispositive context, clarifying that ratification is only required for conventions within court proceedings, not for the autonomous agreement here.
ZOR.2025.39 · ag (Art. 279 Abs. 1 ZPO)
Divorce Settlement Spousal Support Approved, Child Support Appeal Withdrawn
Used to state the criteria for court approval of a divorce-related agreement.
ZOR.2025.39 · ag (Art. 279 Abs. 2 ZPO)
Divorce Settlement Spousal Support Approved, Child Support Appeal Withdrawn
Used to state that a divorce-related agreement is only legally valid if approved by the court.
LC250003 · zh (Art. 279 Abs. 1 ZPO)
Divorce Agreement Set Aside for Inadequate Financial Disclosure and Unreasonable Settlement.
The court confirmed the first instance decision which refused to approve the divorce agreement, based on the failure to meet the formal requirements (free will and mature deliberation).
LC240043 · zh (Art. 279 Abs. 1 ZPO)
Appeal of Divorce Decree Upheld; Revised Child Custody and Support Terms Adopted
Cited in the reasoning to establish the criteria for approving agreements where the parties have the power to dispose (non-child related matters).
LC240049 · zh (Art. 279 Abs. 1 ZPO)
Divorce Decree Overturned for Lack of Clarity on Child Support and Custody Duration
The court applied this provision to determine whether the divorce agreement should be approved, concluding that it was not clear enough and therefore should not have been approved by the lower court.
LC220030 · zh (Art. 279 Abs. 1 ZPO)
Settlement Ratification in Divorce Appeal Regarding Support and Property
Cited as the standard for approving agreements outside family law matters, which applied to the overall settlement.
A/3282/2024 · ge (art. 279 al. 1 CPC)
Appeal Regarding Art Education Fee Exemption Based on Income Calculation
The court's reasoning relies on the fact that the divorce agreement ratified by the lower court judge became part of the judicial decision, which is governed by this article.
ZK1 2024 30 · sz (Art. 279 Abs. 1 ZPO)
Appeal on Stipulated Modification of Divorce Decree Regarding Maintenance and Property Division
The court approved the parties' agreement regarding the modification of divorce consequences based on the criteria set out in this article.
LC230049 · zh (Art. 279 Abs. 3 ZPO)
Appeal of Divorce Settlement Agreement Approval
The court ordered that the agreement reached on September 17, 2024, be included in the operative part of the decision.
LC230048 · zh (Art. 284 Abs. 3 i.V.m. Art. 279 ZPO)
Child Support Modification Settlement Approval and Legal Aid Grant
Cited in the reasoning to justify approving the parties' agreement, which was then enacted in the final orders.
ZK 2024 370 · be (Art. 279 Abs. 2 ZPO)
Appellate Review of Post-Decree Modification of Divorce Settlement Deadlines
This provision, concerning the inclusion of the settlement agreement in the operative part of the divorce decree, is cited as the basis for the court's finding that the lower court improperly modified a term of the agreement after the decree became final.
FS.2022.8.EZE2 · sg (Art. 279 Abs. 1 ZPO)
Divorce Maintenance Agreement Validity and Recalculation Post-Separation
Cited regarding the requirement for judicial approval of maintenance agreements made during provisional measures, which was a key factor in invalidating the prior agreement.
LY240018 · zh (Art. 279 Abs. 1 ZPO)
Appeal Concerning Stipulation Approval for Retroactive Support in Divorce Proceedings
The court confirmed the lower court's decision because the conditions for approving the agreement on precautionary measures, as per this article, were met.
ZOR.2024.29 · ag (Art. 279 Abs. 1 ZPO)
Wife's Appeal on Pension Division Dismissed
Cited as the basis for approving the supplementary agreement on the division of pension benefits, provided it was concluded based on free will and thorough consideration.