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Art. 100 Legge federale del 18 dicembre 1987 sul diritto internazionale privato (LDIP)
LDIP; Capitolo 7: Diritti reali; II. Diritto applicabile; 2. Cose mobili; a. Principio
Art. 100 LDIP
L’acquisto e la perdita di diritti reali su cose mobili sono regolati dal diritto dello Stato di situazione al momento dell’antefatto da cui derivano.
Contenuto e esercizio dei diritti reali su cose mobili sono regolati dal diritto del luogo di situazione.
Decisioni giudiziarie che applicano questa disposizione (14)
C/1756/2018 · ge (art. 100 LDIP)
Appellant's Challenge to Sequestration of Jewelry Based on Saudi Law Ownership Claim
Cited as the basis for determining the applicable law for the acquisition, loss, content, and exercise of movable real rights.
C/29658/2018 · ge (art. 100 al. 1 LDIP)
Watch Ownership Dispute Involving Multiple Jurisdictions
Cited in the reasoning to determine the law applicable to the acquisition and loss of tangible movable property rights based on the location of the item.
C/29658/2018 · ge (art. 100 al. 2 LDIP)
Watch Ownership Dispute Involving Multiple Jurisdictions
Cited in the reasoning concerning the law governing the content and exercise of tangible movable property rights.
LB130029 · zh (Art. 100 Abs. 2 IPRG)
Stolen Art Recovery Claim Dismissed Under Swiss Law on Acquisition from Entitled Party
Cited as the basis for applying Swiss law (lex situs) to the property rights concerning the painting.
LB110003 · zh (Art. 100 Abs. 2 IPRG)
Heir's Claim for Stolen Painting Dismissed Due to Failure to Prove Bad Faith Acquisition
Cited as the provision determining that the possessory action is governed by the law of the location of the object (lex rei sitae).
C/2444/2001 · ge (art. 100 al. 1 LDIP)
Diamond Owner vs. Auction House: Validity of Pledge and Retention Rights
Applied to determine that Swiss law applies to the movable pledges because the items were in Switzerland when the rights were acquired.
C/14603/1997 · ge (art. 100 al. 1 LDIP)
Appellant v. Bank (Restitution of Gold Coins)
Cited to determine that the law of the location of the property at the time of the facts governs the acquisition and loss of real rights, thus leading to the application of H______ law for the acquisition of property.
C/14603/1997 · ge (art. 100 al. 2 LDIP)
Appellant v. Bank (Restitution of Gold Coins)
Cited in the context of applying the lex rei sitae rule to rights in rem concerning movable property.
12.2005.128 · ti (art. 100 cpv. 1 LDIP)
Revendication of Household Goods: Simulation and Proof of Ownership Transfer
Cited in the reasoning to determine that Swiss law applies to the transfer of property as the assets were in Switzerland.
16.2016.73 · ti (art. 100 cpv. 1 LDIP)
Widow v. Step-Son: Ownership Dispute Over Artwork and Cutlery
Cited in the reasoning (consid. 6d and 9a) to establish that Italian law governs the acquisition and loss of real rights over movables, as the assets remained in Italy.
16.2016.73 · ti (art. 100 cpv. 2 LDIP)
Widow v. Step-Son: Ownership Dispute Over Artwork and Cutlery
Cited in the reasoning (consid. 6d) indicating that the content and exercise of real rights on movables are regulated by the law of the location.
PKG 2012 5 · gr (Art. 100 Abs. 1 IPRG)
Buyer's Claim for Reimbursement of Stolen Vehicle Purchase Price Dismissed Due to Failure to Fulfill Eviction Notification Duties
This article established the applicable law (lex rei sitae) for determining the existence and duration of the right of redemption, leading to the application of Swiss law for the purchase transactions in Switzerland.
HG050433 · zh (Art. 100 Abs. 1 IPRG)
Claimant v. Bank: Recognition of Foreign Judgment Confirming Donation
Cited to establish that Swiss law applies to the acquisition of proprietary rights over movable assets located in Switzerland.
LB130029 · zh (Art. 100 Abs. 2 IPRG)
Heir's Claim for Stolen Painting Dismissed Based on Swiss Bona Fide Acquisition Rules
Cited as the basis for applying Swiss law to the proprietary rights concerning the painting.