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Art. 286 Codice di diritto processuale civile svizzero (CPC) - Istanza in caso di intesa parziale
CPC; Parte seconda: Disposizioni speciali; Titolo sesto: Procedure speciali di diritto matrimoniale; Capitolo 2: Procedura di divorzio
Art. 286 CPC · Istanza in caso di intesa parziale
In caso d’intesa parziale, l’istanza congiunta dei coniugi contiene la dichiarazione di demandare al giudice la decisione sulle conseguenze del divorzio in merito alle quali sussiste disaccordo.
Ciascun coniuge può proporre proprie conclusioni motivate circa le conseguenze del divorzio rimaste controverse.
Per il resto si applica per analogia l’articolo 285.
Decisioni giudiziarie che applicano questa disposizione (23)
101 2024 11 · fr (art. 286 al. 3 CPC)
Modification of Provisional Divorce Support Measures Based on Disability Pension Income
Procedural article cited regarding the application of the summary procedure to provisional measures in divorce proceedings.
C/5748/2020 · ge (art. 286 al. 2 CPC)
Modification of Provisional Child Maintenance Due to Increased Housing Costs
The decision modifies a previous maintenance contribution based on new circumstances, which is covered by this provision concerning the action for modification.
LC190008 · zh (Art. 286 ZPO)
Divorce Appeal Settlement Ratification
Cited in the reasoning section as the procedural basis for the respondent's initial divorce petition.
PC190014 · zh (Art. 286 Abs. 1 ZPO)
Divorce Ancillary Matters and Procedural Deadlines Appeal
Cited in the reasoning (E.4.3.1) concerning the continuation of the procedure, but not in the operative orders (1-7).
PS170200 · zh (Art. 286 Abs. 1 ZPO)
Appeal Against Asset Freeze Upholding Dismissed Due to Jurisdictional Limits on Enforcement Office Review
Cited in the reasoning (4.3.4) regarding the general obligation to lift precautionary measures if they prove unjustified, related to the issue decided in order 1.
101 2014 203 · fr (art. 286 al. 3 CPC)
Spousal Support Modification Upon Appeal and Early Retirement Rejection
Cited in context of applying summary procedure to provisional measures in divorce.
Pron.2010.43 · vd (Art. 286 al. 3 CPC)
Appealability of Order Refusing Separate Judgment
Cited to establish that the order refusing severance of a preliminary question is not immediately appealable.
AA090118 · zh (§ 286 Abs. 2 ZPO)
Dismissal of Appeal for Lack of Substantiation in Provisional Measure Modification Case
Mentioned as the procedural basis for potentially transferring a request (for cost deposit waiver) to the lower court, which the court decided against applying.
AA090117 · zh (§ 286 Abs. 2 ZPO)
Insurer Litigation: Appealability of Preliminary Ruling on Legal Aid Denial
Cited to clarify that the Commercial Court, not the Cassation Court, is responsible for issuing further interim measures.
11.2007.8 · ti (art. 286 cpv. 3 CPC)
Spousal Support and Visitation Rights Appeal Confirmation
Cited in the reasoning to justify the lack of specific motivation for not hearing a witness.
BZ.2006.22 · sg (Art. 286 Abs. 1 ZPO)
Fixed-Term Contract Termination Upheld Following Withdrawal of Cost Coverage
Cited to confirm the authority of the Court President to designate the scope of legal aid in the authorization, referencing various aspects under Art. 282 ZPO.
BZ.2006.22 · sg (Art. 286 Abs. 1 ZPO)
Employment Contract Termination Conditional on Municipal Financing Withdrawal Upheld
Cited as the legal basis for the Court President designating the scope of free legal aid.
ZF 2006 21 · gr (Art. 286 ZPO BE)
Contractor v. Subcontractor: Jurisdictional Challenge Based on Missed Security Deposit Deadline
Cited in comparative law discussion regarding the consequence of default before filing the statement of defense.
AA050080 · zh (§ 286 Abs. 1 ZPO)
Denial of Free Legal Proceedings Due to Failure to Disclose Finances
This provision was cited in the appellant's request concerning the granting of suspensive effect to the appeal, although the court had already granted it previously.
11 02 67 · lu (§ 286 Abs. 2 ZPO)
Supervisory Complaint Against Labor Court Dismissed for Improper Procedure.
Cited as the basis for what can be challenged via the supervisory appeal (although the court ultimately found the specific complaints did not qualify).