BGer 5A_381/2010 in the vacation decision: What the quotation is used for

BGer 5A_381/2010 in the holiday decision: What the quotation is used for

Source-based reconstruction. Private family members are not identified. Officeholders and professionals are only named in their documented function.

For the single cancellation of the ordinary visitation right during the second week of the autumn holidays, the decision denies a claim for compensation. For the single cancellation of the ordinary visitation right during the second week of the autumn holidays, the decision denies a claim for compensation.

Source basis

What the files show

For the one-time failure of the ordinary visitation rights during the second week of the autumn holidays, the decision denies a claim for compensation.

Application and counter-position

For this aspect no separate additional application is determinative; the analysis compares the documented state of the file with the outcome.

For the one-time failure of the ordinary right of visitation during the second week of the autumn holidays, the decision rejects a claim for compensation.

“not to be balanced in a merely accounting fashion”

Review point

The precise legal scope of a claim for replacement or compensation must be distinguished from the question of which specific vacation blocks the continuing title provides for and how they are determined in the individual case.

LawReport classification

The contribution distinguishes the adjudicated scope of annual leave, the concrete exercise thereof, and the question of a claim for replacement or compensation. These levels must not be conflated: the existence of an annual entitlement does not automatically justify any desired choice of dates; conversely, a deviation from the specifically requested scope must remain comprehensible on the basis of the reasoning.

What does not follow from this

The documented proceedings substantiate the mentioned motions, statements and steps in the decision-making. They do not, however, by themselves establish personal motives, bias, abuse of rights, or general unlawfulness. Such further assessments would require additional legal and factual grounds.

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