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CH
Art. 73 Legge del 4 dicembre 1947 di procedura civile federale (PC)
PC; Titolo nono: Fine del processo senza sentenza; Transazione giudiziale e desistenza
Art. 73 PC
La transazione conclusa tra le parti davanti al giudice o consegnata al giudice per essere registrata a verbale, come pure la desistenza d’una parta, terminano il processo.
La transazione giudiziale può anche estendersi a punti i quali, benché estranei al processo, sono litigiosi tra le parti o tra una parte e un terzo, in quanto ciò agevoli la fine del processo.
Quando in via d’eccezione il convenuto allega che la pretesa è inesigibile o dipende da una condizione od oppone un vizio di forma, l’attore può ritirare la sua azione riservando d’introdurla di nuovo dopo che la pretesa sarà esigibile, la condizione adempita o il vizio di forma tolto.
La transazione giudiziale e la desistenza sono esecutive come la sentenza.
Decisioni giudiziarie che applicano questa disposizione (73)
BGE 102 II 122 (Art. 73 BZP)
Trademark infringement and unfair competition between women's magazines based on likelihood of confusion between "annabelle" and "Annette" as diminutive derivatives of the same root name.
Procedural basis for dismissal of the appeal.
5A_555/2026 (Art. 73 PCF)
Foundation supervisory complaint withdrawn: withdrawal from appeal and cost allocation after early termination of proceedings.
Applied to strike the case from the roll due to withdrawal of the appeal.
9C_154/2026 (Art. 73 al. 1 BZP)
Disability insurance dispute: appeal withdrawn, case struck off docket and no court costs imposed.
Applied in the dispositive in conjunction with Art. 71 BGG to govern the dismissal of the case due to withdrawal.
8C_327/2026 (Art. 73 cpv. 1 PC)
Unemployment insurance appeal withdrawal after denial of legal aid, striking case from record without court costs
Procedural rule applied to strike the case from the record following withdrawal.
9G_2/2026 (Art. 73 al. 1 PCF)
Withdrawal of request to rectify federal tax judgment due to voluntary termination.
Applied as the procedural rule referenced for striking the case due to withdrawal.
5A_906/2026 (Art. 73 BZP)
Debt enforcement auction postponement — denial of justice complaint withdrawn after Obergericht ruled on suspensive effect request.
Applied in the dispositive with Art. 71 BGG to close the proceedings due to the withdrawal of the appeal.
8C_501/2026 (Art. 71 BGG in Verbindung mit Art. 73 Abs. 1 BZP)
Social welfare appeal withdrawn; case struck from record with no court costs.
Basis for striking the case from the record after the appeal was withdrawn.
9C_526/2026 (Art. 73 Abs. 1 BZP)
Withdrawal of tax appeal before the Federal Supreme Court leads to case being struck from the record with no court costs imposed.
Applied via Art. 71 BGG to dismiss the proceedings as closed following the appeal withdrawal.
5A_630/2026 (Art. 73 al. 1 PCF)
Withdrawal of appeal for denial of justice in divorce proceedings leads to case struck from docket without costs.
Procedural rule applied for striking the case from the docket upon withdrawal.
5A_842/2026 (Art. 73 BZP)
Federal appeal dismissed after voluntary withdrawal of complaint alleging denial of justice by cantonal supervisory authority; separate appeal against debt enforcement rulings pursued.
Procedural rule applied to treat the case as concluded by the withdrawal of the appeal.
8C_466/2026 (Art. 73 al. 1 BZP)
Unemployment insurance appeal withdrawn—case struck from record without court costs under withdrawal procedure.
Procedural rule applied to strike the case from the record due to withdrawal of the appeal.
9C_445/2026 (Art. 73 al. 1 PCF)
Health Insurance Appeal Withdrawal: Case Struck from Roll under Article 32(2) LTF with No Costs.
Cited in the dispositive as the procedural rule for striking the case from the roll.
8C_450/2026 (Art. 73 al. 1 PCF)
Unemployment insurance appeal withdrawn by claimant; case struck from docket without costs.
Procedural rule applied, via Art. 71 LTF, to effectuate the case being struck from the docket.
9C_136/2026 (Art. 73 Abs. 1 BZP)
Disability insurance appeal withdrawn; case struck from record and court costs waived under Article 66(2) BGG.
Applied in conjunction with Art. 71 BGG to strike the case due to the withdrawal.
9C_368/2026 (Art. 73 al. 1 PCF)
Taxpayer withdrawal of appeal on cantonal and federal direct tax assessment for 2011–2020, case struck from roll with no costs.
Applied via Art. 71 LTF to authorize striking the case after withdrawal.