291 IPRGLDIP

CH

Art. 88 Legge federale del 18 dicembre 1987 sul diritto internazionale privato (LDIP)

LDIP; Capitolo 6: Diritto successorio; I. Competenza; 3. Foro del luogo di situazione

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Art. 88 LDIP

Se l’ereditando era uno straniero con ultimo domicilio all’estero, per i beni situati in Svizzera sono competenti i tribunali o le autorità svizzeri del luogo di situazione, sempreché le autorità dello Stato di domicilio non se ne occupino. Per evitare conflitti di competenza, i tribunali o le autorità svizzeri possono declinare la propria competenza sempreché le autorità di uno Stato di origine estero dell’ereditando o dello Stato della sua ultima dimora abituale si occupino della successione.

Se i beni sono situati in più luoghi, sono competenti i tribunali o le autorità svizzeri aditi per primi.

← Art. 87 LDIP Legge federale del 18 dicembre 1987 sul diritto internazionale privato (LDIP) Art. 88a LDIP →

Decisioni giudiziarie che applicano questa disposizione (16)

C/27156/1991 · ge (art. 88 al. 1 LDIP)

Appellate Court Confirms Incompetence to Register Precautionary Restriction on Swiss Real Estate Due to Unproven Subsidiary Jurisdiction

The court confirms the decision that the lower court lacked jurisdiction because the condition of non-action by foreign authorities (specifically Saudi Arabian authorities) was not sufficiently established under this article.

LF220074 · zh (Art. 88 Abs. 1 IPRG)

Inheritance Certificate Jurisdiction and Evidentiary Clarification

The court's decision is based on the subsidiary jurisdiction of Swiss authorities concerning the estate of a foreign deceased person under this provision, which was the central issue leading to the reversal of the lower court's non-entry decision.

C/26163/2005 · ge (art. 88 al. 1 LDIP)

Succession Jurisdiction: Swiss Court vs. Foreign Proceedings

The main ground for rejecting the petition was the non-application of this article, leading to the declaration of inadmissibility of the petition.

C/25540/2016 · ge (art. 88 al. 1 LDIP)

Swiss Jurisdiction over Holographic Will Despite Alleged French Residence

The lower court's decision to assert jurisdiction based on the presence of estate assets in Switzerland, applicable when the deceased was domiciled abroad, was confirmed in the final orders.

C/25686/2016 · ge (Art. 88 al. 1 LDIP)

Jurisdictional Dispute Over Nomadic Deceased's Estate Lacking Habitual Residence

Basis for confirming the lower court's finding of jurisdiction ratione loci due to the deceased having no established domicile or habitual residence abroad and assets being located in Switzerland.

C/27737/2015 · ge (Art. 88 al. 1 LDIP)

Estate Jurisdiction of Nomadic French National

This article formed the basis for confirming the lower court's jurisdiction to settle the estate portion located in Switzerland, due to the lack of assumed jurisdiction by foreign authorities.

ZK1 2019 19 · gr (Art. 88 Abs. 1 IPRG)

Jurisdiction Over Swiss Real Estate in Foreign Estate Matter

The appeal was dismissed because the prerequisite for subsidiary jurisdiction under this article was not met, leading to the maintenance of the lower court's decision not to enter a ruling.

C/25688/2016 · ge (Art. 88 al. 1 LDIP)

Inheritance Dispute Suspension Pending Foreign Succession Ruling

Cited as part of the legal basis establishing the competence of Swiss authorities for the part of the estate located in Switzerland when foreign authorities are not handling it.

C/13171/2015 · ge (art. 88 al. 1 LDIP)

Heir's Right to Banking Information Under Article 88 LDIP

The court confirmed Swiss jurisdiction based on this article, as foreign authorities were deemed legally incompetent to rule on requests for information concerning assets abroad.

AC/790/2012 · ge (art. 88 LDIP)

Appeal of Denial of Aid in Foreign Succession Dispute Against Bank

This article was examined to determine the jurisdictional basis, which influenced the assessment of the appeal's chance of success.

LB130005 · zh (Art. 88 Abs. 1 IPRG)

Brazilian Sisters' Inheritance Dispute Lacks Swiss Jurisdiction

Used to determine the Swiss court's jurisdiction over the estate of a foreign testator with their last domicile abroad.

134.II · vd (Art. 88 al. 1 LDIP)

Succession Jurisdiction Over Swiss Real Estate of French Decedent

This provision establishes the subsidiary competence of Swiss judicial authorities regarding the part of the estate located in Switzerland when foreign authorities do not handle it, which the court admitted regarding the Swiss property.

11.1996.169 · ti (art. 88 cpv. 1 LDIP)

Jurisdiction for Holographic Will Publication of Non-Resident Deceased

Cited in the reasoning to determine jurisdiction based on the location of assets, which the appellant failed to prove.

LB130005 · zh (Art. 88 Abs. 1 IPRG)

Estate Division Jurisdiction in Cross-Border Inheritance Dispute

The court explicitly states that for substantive claims (Ziff. 2-6), jurisdiction is lacking because the requirements of Art. 88 IPRG regarding the location of estate assets were not met by the plaintiff's claims.

LB130054 · zh (Art. 88 IPRG)

Zurich High Court Dismisses Inheritance Claim Due to Lack of Jurisdiction

Used to conclude that Swiss courts lack direct jurisdiction because the case is deemed an inheritance matter involving a foreign decedent, making Art. 88 IPRG the relevant standard, which points to foreign jurisdiction.