Gerichtliche Fragepflicht und Untersuchungsmaxime nach der Schweizerischen Zivilprozessordnung

Summary:
The Swiss Civil Procedure Code imposes various obligations on the court to assist the parties in establishing the relevant facts for the decision. In principle, it recognizes four types of such judicial support: the general duty of inquiry, the enhanced duty of inquiry, the limited principle of investigation, and the unrestricted principle of investigation.
This dissertation examines the different judicial support obligations related to fact-finding, distinguishes them from one another, and ultimately organizes them into a hierarchy. It also illustrates the relationship of the judicial duty of inquiry to the principles of negotiation, disposition, and contingency, as well as selected distinctions from other judicial inquiries. Within the framework of the principle of investigation, it similarly explores the relationship to the principle of contingency and the interplay with the official principle. Furthermore, it highlights the specific judicial participation obligations in divorce proceedings and compares them particularly with the general duty of inquiry.

Author: Mordasini-Rohner, Claudia M.