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Art. 338 Codice di diritto processuale civile svizzero (CPC) - Domanda di esecuzione
CPC; Parte seconda: Disposizioni speciali; Titolo decimo: Esecuzione; Capitolo 1: Esecuzione delle decisioni
Art. 338 CPC · Domanda di esecuzione
Se la decisione non può essere direttamente eseguita, una domanda di esecuzione dev’essere presentata al giudice dell’esecuzione.
La parte richiedente deve dimostrare che le condizioni d’esecutività sono adempite e allegare i documenti necessari.
Decisioni giudiziarie che applicano questa disposizione (40)
LF250055 · zh (Art. 338 ZPO)
Tenant eviction for rent arrears upheld despite delay in legal action
Cited in legal commentary regarding the court's discretion in setting a short period for voluntary eviction.
VB240004 · zh (Art. 338 ZPO)
Enforceability of Eviction Order Affirmed Despite Administrative Appeal
Cited in the reasoning concerning the appellant's incorrect assertion about the requirement for an enforceability certificate.
ZSU.2023.81 · ag (Art. 338 Abs. 2 ZPO)
Settlement Agreement Enforcement Denied: Trellises Not Included in "Metal Wall" Removal
Cited to clarify the role of the requesting party in proving the conditions for enforceability.
C/1137/2016 · ge (Art. 338 al. 1 CPC)
Appellant Satisfies Account Rendition Requirements, Execution Order Annulled
This provision governs the procedure for requesting the execution of a non-directly enforceable decision, which is the core issue handled by the execution judge and reviewed on appeal.
ZSU.2022.169 · ag (Art. 338 Abs. 2 ZPO)
Assignment of Claims Validates Enforcement Action
The party requesting enforcement must present the conditions for enforceability and the necessary documents.
ZKEIV.2020.1 · so (Art. 338 Abs. 1 ZPO)
Enforcement of Judgment Prohibiting Business Name Use and Ordering Costs
Cited in the reasoning to confirm that a formal enforcement application was the correct procedure since direct enforcement was not possible.
ZKEIV.2020.1 · so (Art. 338 Abs. 2 ZPO)
Enforcement of Judgment Prohibiting Business Name Use and Ordering Costs
Cited in the reasoning regarding the requirement for the applicant to state the prerequisites for enforceability.
HC.2019.520 · vd (Art. 338 CPC)
Appeal Regarding Enforcement of Protective Measures and Visitation Obstruction
Cited in the reasoning to address the appellant's claim regarding the violation of the right to be heard in relation to the request for enforcement.
BE.2017.35 · sg (Art. 338 Abs. 1 ZPO)
Execution of Co-Owned Property Sale Order
The complainant was entitled to directly request the execution of the public auction based on this provision.
BE.2017.35 · sg (Art. 338 Abs. 1 ZPO)
Co-owner Property Auction Dispute and Enforcement Appeal
The appellant was entitled to directly request the execution of the public auction under this provision because the private auction had failed.
HC.2017.552 · vd (Art. 338 al. 1 CPC)
Enforcement of Arbitral Award Regarding Right of Passage: Obstruction by Gate
Cited in the initial header regarding the execution procedure, although the substantive ruling focused on reforming the initial order based on Art. 341 al. 3 CPC.
C/9916/2015 · ge (art. 338 al. 1 et 2 CPC)
Employee Termination Appeal Regarding Abusive Dismissal and Employment Certificate Modification
Cited in the reasoning to define when the notification occurs and starts the appeal deadline.
HC.2017.350 · vd (Art. 338 CPC)
Forced Execution of Real Estate Transfer Contingent on Mortgage Clearance
Cited when discussing the requirement to file an execution request with the execution judge.
HC.2017.59 · vd (Art. 338 CPC)
Appeal of Enforcement Order Based on Settlement Agreement
Cited in the header, but the main ground for rejection was based on the executory nature of the transaction, not a procedural error related to the application under Art. 338.
HC.2016.1174 · vd (Art. 338 al. 2 CPC)
Mother v. Father (Visitation Enforcement)
Cited in the ruling's header, relevant to establishing execution conditions, although the main ground for annulment relates to the violation of the right to be heard.