E-MailWeiterleiten
LinkedInLinkedIn

Jugement Kantonsgericht (VD - 2020/417)


Canton:VD
Case number:2020/417
Instance:Kantonsgericht
Department:Chambre des curatelles
Kantonsgericht Entscheid 2020/417 vom 02.06.2020 (VD)
Date:02.06.2020
Force of law:-
Summary:The court dismissed the appeal of B.________ against the order of commissions for measures by the Justice of the Peace of the District of Nyon in the case of C.D.________. B._______ had challenged the order of the Justice of the Peace, who had imposed on C.D.________ the appointment of a curator. The court came to the conclusion that the order of the justice of the peace was justified, since C.D.________ was unable to take care of his affairs on his own due to a mental illness. The court found that the commissions for the measures were necessary to protect C.D.________ and to protect his interests. The court ordered that the commissions for the measures remain in place. More detailed summary: B.________, the brother of C.D.________, had challenged the order of the Justice of the Peace dated February 20, 2020, which had imposed the appointment of a curator on C.D.________. B.________ considered that his sister was able to take care of her affairs on her own. The court came to the conclusion that the order of the justice of the peace was justified. The court found that C.D.________ was unable to take care of her affairs on her own due to a mental illness. In particular, she was not able to manage her financial situation or make her own decisions. The court found that the commissions for the measures were necessary to protect C.D.________ and to protect her interests. The commissions for the measures provided that C.D.________ was represented by a curator who was responsible for her financial affairs and personal care. The court ordered that the commissions for the measures remain in place.
Rule of Law:Art. 100 BGG;Art. 106 ZPO;Art. 16 ZGB;Art. 229 ZPO;Art. 273 ZGB;Art. 274 ZGB;Art. 314 ZGB;Art. 314a ZGB;Art. 317 ZPO;Art. 445 ZGB;Art. 446 ZGB;Art. 447 ZGB;Art. 450 ZGB;Art. 450a ZGB;Art. 450d ZGB;Art. 450f ZGB;Art. 492 ZPO;
BGE reference::-
Comment:
Droese, Basler Kommentar Zivilgesetzbuch I, Art. 450 ZGB, 2018
Droese, Basler Kommentar op. cit., Art.450, 1900
Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

Click here to return to the page search engine.