Art. 88 Codice di diritto processuale civile svizzero (CPC) - Azione d’accertamento

10/2012/8 · sh (Art. 88 ZPO)

Government Entity v. Property Donation Obligations Expiration

Cited as the legal basis for the declaratory action which was ultimately deemed inadmissible.

4A_326/2025 (Art. 88 CPC)

Declaratory action on assignment of loan claims — inadmissibility due to availability of performance action

Used as the legal basis for the declaratory action, which was deemed inadmissible.

C/3735/2025 · ge (art. 85 et 88 CPC)

Sole Proprietor v. Association Regarding Trademark Transfer and Provisional Measures

Cited in the dispositive to justify the award of legal fees (dépens) to the successful party.

XBE.2025.3 · ag (Art. 88 ZPO)

Father's Appeal on Child Removal Order Dismissed Due to Lack of Legal Standing

Cited as the legal basis for assessing the requirement of a protectable interest in a declaratory action.

C/28528/2024 · ge (art. 85 et 88 CPC)

Employer v. Former Employee: Provisional Measures Granted for Misappropriation of Client Data

Cited in support of ordering the reimbursement of costs to the applicant.

AH230082.L · zh (Art. 88 ZPO)

Employer Liability for Minimum Wage Classification and Foreign Qualification Recognition

Cited in the context of the claim for declaratory judgment, ultimately leading to the dismissal of the first claim due to a lack of interest in a declaratory judgment (subsidiarity).

LC240024 · zh (Art. 88 ZPO)

Child Custody Intervention Appeal Dismissed for Lack of Legal Interest

Cited in the reasoning concerning the subsidiary nature of the declaratory judgment claim.

AN220047.L · zh (Art. 88 ZPO)

Joinder of Claims and Annulment of Termination Notice Based on Unrebutted Retaliation Presumption

Cited in the reasoning as the basis for the failed declaratory claims (RB 1-3), but not explicitly cited in the final orders (1-4).

ZK1 2023 121 · gr (Art. 88 CPC)

Mortgage Bond Ownership After Debt Repayment

Cited implicitly in the context of confirming the lower court's decision which ruled on the declaratory action based on this article.

A/689/2024 · ge (art. 88 CPC)

Group Disability Insurer Termination Validity Dispute

Mentioned in the reasoning that the conclusion for nullity of the termination is an action for declaration under this article.

C/28105/2023 · ge (Art. 85, 88, 89 et 90 CPC)

Lifting Opposition Based on Unsigned Copy of Judicial Settlement

These provisions are cited to determine the basis for setting the attorney's fees (dépens) for the first and second instances.

HG220120 · zh (Art. 88 ZPO)

Plaintiff's Claims Dismissed for Failure to Show Financial Loss and Lack of Jurisdiction

This provision, concerning declaratory judgments, was considered, but the claims based on it were dismissed for lack of legal interest.

C1 24 97 · vs (Art. 88 CPC)

Owner Appeals Inadmissibility of Subsidiary Reconventional Claims in Artisan's Lien Dispute

Cited in the reasoning to define the nature of the main counterclaim (negative declaratory relief) found admissible in the dispositive (Conclusions III and IV).

C/11873/2023 · ge (art. 88 CPC)

Foreclosure Purchaser Eviction Appeal Regarding Time-Barred Objections to Auction

Cited in determining the award of first instance costs.

LB240016 · zh (Art. 88 ZPO)

Abuse of Process Claim Improperly Brought as Declaratory Action

Cited in the context of the plaintiff's claim, but the court ultimately found the claim to be inadmissible under this provision.