Art. 416 SCC from 2024
Art. 416 B. Transactions requiring consent I. By law
1 The consent of the adult protection authority is required before the deputy may carry out any of the following transactions on behalf of the client:1. liquidation of the household, terminating the lease on a dwelling where the client lives;2. long-term contracts for the client'"s accommodation;3. acceptance or renunciation of a inheritance if an express declaration is required therefor, as well as contracts of succession and contracts dividing an estate;4. the acquisition, sale, pledge and other burdening of immovable property and the construction of buildings that goes beyond ordinary administrative activities;5. the acquisition, sale and pledge of other assets and the creation of a usufruct where such transactions do not fall under the conduct of ordinary administration and management;6. the acceptance and granting of substantial loans, entering into bill-of-exchange-related liabilities;7. life annuity and lifetime maintenance agreements as well as life assurance, provided these do not form part of an occupational pension in connection with a contract of employment;8. the takeover or liquidation of a business, involvement in a company with personal liability or a substantial capital participation;9. declaration of inability to pay, conduct of legal proceedings, conclusion of a settlement, an arbitration agreement or a composition agreement, subject to the reservation of provisional measures by the deputy in cases of urgency.
2 The adult protection authority'"s consent is not required if a client who is capable of judgement grants his or her consent and his or her capacity to act is not limited by the deputyship.
3 Contracts between the deputy and the client shall always require the adult protection authority'"s consent other than in the case of assignments issued by the client that do not involve the payment of a fee.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
