Rs 210 Swiss Civil Code Of 10 December 1907

Original Language Title: RS 210 Code civil suisse du 10 décembre 1907

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210 Swiss civil code of 10 December 1907 (status 1 April 2016) the Federal Assembly of the Swiss Confederation, under art. 64 of the constitution; having regard to the message of the federal Council of May 28, 1904, enacts as follows: title preliminary art. 1. Application of the Act A. Enforcement Act governs all matters which concern the letter or spirit of any of its provisions.
In the absence of an applicable legal provision, the judge decides according to customary law and, in the absence of a custom, according to the rules that he would if he had to act of Parliament.
It inspires the solutions enshrined in the doctrine and jurisprudence.

S. 2 B extent of civil rights / I. General duties B. scope of civil rights I. duties General everyone is required to exercise its rights and performing its obligations according to the rules of good faith.
The obvious abuse of a right is not protected by law.

S. 3 B extent of civil rights / II. Good faith II. Good faith good faith is presumed, when the Act in fact depend on the birth or the effects of a right.
No one may invoke his good faith, if it is incompatible with the attention that the circumstances were to require of him.

S. 4. B extent of civil rights / III. Power to the trier III. Discretion of the judge applies the rules of law and equity, when the law reserves discretion or it loads decide taking into account either the circumstances or proper reasons.

S. 5 C law federal and cantonal law / I. civil law and local custom v. federal law and right cantonal I. civil law and local custom the cantons have the right to establish or to repeal rules of civil law in matters where their jurisdiction has been maintained.
Cantonal law previously in force is required for the expression of the use or local uses reserved by law, unless the existence of a contrary practice is proven.

S. 6 C law federal and cantonal law / II. Public law of the cantons II. Public law of the cantons the civil laws of the Confederation leave remain the competence of the cantons on public law.
The cantons may, within the limits of their sovereignty, restrict or prohibit trade in certain things or hitting void transactions relating thereto.

S. 7 D. General provisions of the law of General obligations D. provisions of the law of obligations the General provisions of the law of obligations relating to the conclusion, the effects and extinction of contracts are also applicable to other subjects of civil law.

S. 8 E. The evidence / I. burden of proof E. Of proof I. burden of evidence each Party shall, if the law prescribes otherwise, proving the facts it alleges to deduce his right.

S. 9 E. The evidence / II. Government securities II. Public public records and authentic securities are proof of the facts which they find and the inaccuracy is not proven.
The evidence that these facts are inaccurate is not subject to any particular form.

S. 10 repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

First book: right of persons first title: natural persons chapter I: of personality article 11A. Personality in general / I. enjoyment of civil rights A. Personality in general i. enjoyment of civil rights any person enjoys civil rights.
Accordingly, each within the limits of the law, an ability equal to become subject of rights and obligations.

S. 12A. Personality in general / II. Exercise of civil rights / 1. Its purpose II. Exercise of civil rights 1. Its purpose whoever has the exercise of civil rights is able to acquire and to bind himself.

S. 13A. Personality in general / II. Exercise of civil rights / 2. Conditions / has. In general 2. Conditions a. In general every person capable of discernment and major has the exercise of civil rights.

S. 14A. of the general personality / II. Exercise of civil rights / 2. Conditions / b. majority b. majority majority is fixed at 18 years of age.

New content according to chapter I 1by LF of oct 7. 1994, in force since 1 Jan. 1996 (RO 1995 1126; FF 1993 I 1093).

S. 15A of the general personality / II. Exercise of civil rights / 2. Conditions / v.... c....

Repealed by the c. 1by LF of oct 7. 1994, with effect from 1 Jan. 1996 (RO 1995 1126; FF 1993 I 1093).

S. 16A. of the general personality / II. Exercise of civil rights / 2. Conditions / d. discernment d. discernment any person who is not deprived of the ability to act reasonably because of his young age, mental disability, mental disorder, drunkenness or other similar causes is capable of forming within the meaning of this Act.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 17A. of the general personality / III. Inability to exercise the civil rights / 1. In general III. Inability to exercise the civil rights 1. Generally persons of discernment, minors and persons under guardianship of general scope do not have the exercise of civil rights.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 18A. Personality in general / III. Inability to exercise the civil rights / 2. Lack of discernment 2. Lack of discernment the acts of a person who is incapable of discernment have no legal effect; remain reserved the exceptions provided by law.

S. 19A. Personality in general / III. Inability to exercise the civil rights / 3. Discernment capable persons who do not have the exercise of civil rights / a. principle 3. Discernment capable persons who do not have the exercise of civil rights a. principle people capable of discernment but deprived of the exercise of civil rights cannot assume an obligation or renounce a right only with the consent of their representative legal.
They do not need consent to acquire purely gratuitous nor to resolve minor cases related to their daily lives.
They are responsible for the damage caused by their illegal acts.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 19yy. personality in general / III. Inability to exercise the civil rights / 3. Discernment capable persons who do not have the exercise of civil rights / b. consent of the legal representative b. consent of the legal representative subject to contrary legal provisions, the legal representative may consent expressly or tacitly to the Act in advance or ratify it.
The other part is freed if the ratification has no place within an appropriate period, that it has set or is set by the judge.

Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 19bA. personality in general / III. Inability to exercise the civil rights / 3. Discernment capable persons who do not have the exercise of civil rights / c. lack of consent v. failure to consent if the Act is not ratified by the legal representative, each party may claim the benefits it provided. The person deprived of the exercise of civil rights does however, only to the extent of the amounts for which she shot advantage, which it is enriched at the time of repetition or she has been divested of bad faith.
The person deprived of the exercise of civil rights which was falsely given for capable responds to third parties for the damage that it caused them.

Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 19 cA. personality in general / III. Inability to exercise the civil rights / 4. Strictly personal rights 4. Strictly personal rights persons capable of discernment but deprived of the exercise of civil rights exercise their strictly personal rights autonomously; cases in which the law requires the consent of the legal representative are reserved.
Persons of discernment are represented by their representative legal, except for human suffering no representation due to their close relationship with personality.

Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 19dA. personality in general / III. Exercise restricted civil rights III. Civil rights restricted the exercise of civil rights can be restricted by a measure of protection of the adult.


Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 20A. Personality in general / IV. Kinship and alliance / 1. Parent IV. Kinship and alliance 1. Parent the closeness of kinship is established by the number of generations.
Parents in direct line are those who descend from the other parents online collateral those who, without getting off one another, descended from a common author.

S. 21A of the general personality / IV. Kinship and alliance / 2. Alliance 2. Alliance parents of a person are in the same line with the same degree of his or her spouse or registered partner allies.
The dissolution of marriage or registered partnership does not quit the alliance.

New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).

S. 22A. Personality in general / V. right of citizenship and domicile / 1. Freedom of the city V. right of citizenship and domicile 1. Right to cite the origin of a person is determined by his freedom of the city.
Freedom of the city is regulated by public law.
When a person has several city rights, the place of its origin is that which is at the same time his current home or that was his last home; otherwise, its origin is determined by the last city it right or his ascendants have acquired.

S. 23A. Personality in general / V. right of citizenship and domicile / 2. Home / a. Definition 2. Home a. Definition the residence of any person is the place where it resides with the intention of settling there; stay in a training institution or placement in an educational institution, a home, a hospital or a House of detention is in itself not the home.
No person shall at the same time having several residences.
The latter provision does not apply to industrial or commercial establishment.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 24A. Personality in general / V. right of citizenship and domicile / 2. Home / b. change of domicile or stay b. change of domicile or stay any person retains his home as long as it does not is created a new.
The place where it resides is considered to be his home, where the existence of a previous domicile cannot be established or where it left his home abroad and has not acquired a new in Switzerland.

S. 25A of the general personality / V. right of citizenship and domicile / 2. Home / c. minors c. minors home home the child under parental authority sharing the home of his father and mother or, in the absence of common of the father and mother home, the home of the parent who has custody. Alternatively, domicile is determined by the place of residence.
The domicile of the child under guardianship is the headquarters of the authority for the protection of the child.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 26A. of the general personality / V. right of citizenship and domicile / 2. Home / d. home of major scope curatorship General d. home of major general the home of major general curatorship curatorship is the registered office of the authority for the protection of the adult.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 27 (b) protection of the personality / I. Commitments against excessive B. Protection of personality I. Against excessive commitments nobody, even partially, renounce the enjoyment or the exercise of civil rights.
No one can alienate his freedom, or to prohibit its use to an extent contrary to the laws or morals.

New content according to chapter I of the Federal law of 16 Dec. in force since 1 July 1983, 1985 (1984 778 RO; FF 1982 II 661).

S. 28 B protection of personality / II. Against attacks / 1. Principle II. Against infringements 1. Principle who suffers an unlawful interference with her personality can sue for its protection against anyone who participates.
An infringement is illegal, unless it is justified by the consent of the victim, by an overriding public or private interest, or by the law.

New content according to chapter I of the Federal law of 16 Dec. in force since 1 July 1983, 1985 (1984 778 RO; FF 1982 II 661).

S. 28aB. Protection of personality / II. Against attacks / 2. Actions / has. In general 2. A shares. In general the applicant may request the judge: 1. to prohibit unlawful interference, if it is imminent; 2. make it stop, if it lasts; 3. to see the illegality, if disorder she created remains.

In particular, it may request that a correction or that the judgment be communicated to third parties or published.
Are reserved actions for damages and compensation for moral harm, as well as the rehabilitation of the gain according to the provisions on the management of business.

Introduced by chapter I of the Federal law of 16 Dec. in force since 1 July 1983, 1985 (1984 778 RO; FF 1982 II 661).
New content according to chapter I of the Federal law of June 23, 2006 (Protection of the personality in the event of violence, threats, or harassment), in force since 1 Jul. 2007 (2007 137 RO; FF 2005 6437 6461).

S. 28bB. Protection of personality / II. Against attacks / 2. Actions / b. Violence, threats or harassment b. Violence, threats or harassment in the case of violence, threats or harassment, the applicant may request the judge to prohibit the author of the infringement, in particular: 1. to approach him or access to an area determined around its housing; 2. to attend certain places, such as streets, places or areas; 3. to contact him, by telephone, in writing or electronically, or to cause other disturbances.

In addition, if the applicant lives in the same household as the perpetrator of the infringement, it can ask the judge to expel for a specified period. This period may be extended once for proper reasons.
The judge may, insofar as the decision may seem fair in the light of the circumstances: 1 require the applicant to pay to the infringer compensation appropriate for the exclusive use of housing; 2. with the consent of the lessor, assigned only by the applicant the rights and obligations resulting from the lease contract.

The cantons designate a service that can decide the immediate expulsion of the common housing crisis, and regulate the procedure.

Introduced by chapter I of the Federal law of 16 Dec. 1983 (1984 778 RO; FF 1982 II 661). New content according to chapter I of the Federal law of June 23, 2006 (Protection of the personality in the event of violence, threats, or harassment), in force since 1 Jul. 2007 (2007 137 RO; FF 2005 6437 6461).

S. 28 c to 28fB. Protection of the personality / II. Against attacks / 3. …

3....

Introduced by chapter I of the Federal law of 16 Dec. 1983 (1984 778 RO; FF 1982 II 661). Repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 28 gB. Protection of the personality / II. Against attacks / 4. Right of reply / a. principle 4. Right of reply a. principle that which is directly affected in its personality by the presentation that make media with periodic character, including the press, radio and television, facts which concern, has the right to respond.
There is no right of reply in the case of reproduction of public debates of an authority to which the affected person has participated.

Introduced by chapter I of the Federal law of 16 Dec. in force since 1 July 1983, 1985 (1984 778 RO; FF 1982 II 661).
New content according to chapter I of the Federal law of June 23, 2006 (Protection of the personality in the event of violence, threats, or harassment), in force since 1 Jul. 2007 (2007 137 RO; FF 2005 6437 6461).

S. 28hB. Protection of personality / II. Against attacks / 4. Right of reply / b. form and content b. form and content the answer must be concise and be limited to the purpose of the impugned presentation.
The answer may be refused if it is manifestly incorrect or if it is contrary to law or morality.

Introduced by chapter I of the Federal law of 16 Dec. in force since 1 July 1983, 1985 (1984 778 RO; FF 1982 II 661).

S. 28iB. Protection of personality / II. Against attacks / 4. Right of reply / c. Procedure c. Procedure the author of the answer must send the text to the company within twenty days from the knowledge of the impugned presentation but no later than within three months following its release.
The company informed without delay to the author when it broadcast the response or why it refuses.

Introduced by chapter I of the Federal law of 16 Dec. in force since 1 July 1983, 1985 (1984 778 RO; FF 1982 II 661).


S. 28 kB. Protection of personality / II. Against attacks / 4. Right of reply / d. terms of dissemination d. terms of dissemination the answer must be disseminated so as to achieve as soon as possible the public who has had knowledge of the impugned presentation.
The answer must be designated as such; the company can add immediately that a declaration by which it indicates if it maintains its presentation of the facts or gives its sources.
The distribution of the response is free.

Introduced by chapter I of the Federal law of 16 Dec. in force since 1 July 1983, 1985 (1984 778 RO; FF 1982 II 661).

S. 28lB. Protection of personality / II. Against attacks / 4. Right of reply / e. remedies the judge e. recourse to the judge if the company prevents the exercise of the right, refuses the dissemination or does not execute it properly, the author may apply to the judge.
... and...

Introduced by chapter I of the Federal law of 16 Dec. in force since 1 July 1983, 1985 (1984 778 RO; FF 1982 II 661).
Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).
Repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 29 B protection of personality / III. Relation to the name / 1. Protection of the name III. Relation to the name 1. Protection of the name whose name is disputed may request the recognition of his right.
Who is aggrieved by a usurpation of his name can bring action to stop, without prejudice to any damages in the event of fault and compensation as moral reparation if such compensation is justified by the nature of the proven wrong.

S. 30 B protection of personality / III. Relation to the name / 2. Name change / has. In general 2. Change of name has. In general the Government of the canton of domicile may, if there are legitimate reasons, authorize a person to change their name.

Any person aggrieved by a change of name can attack it in court within one year from the day where she became known.

New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).
New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).
Repealed by chapter I of the Federal law of 30 sept. 2011 (name and city), with effect from 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 30aB. Protection of personality / III. Relation to the name / 2. Change of name / b. Upon the death of one spouse b. In the event of death of one of the spouses in the event of death of one of the spouses, the spouse who changed its name at the conclusion of the marriage can report at any time to the civil status officer will continue its single name.

Introduced by chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 31 C beginning and end of the personality / I. birth and death C. beginning and end of the personality I. birth and death personality begins with the birth of the living child. It ends by the death.
The conceived child enjoys civil rights, on the condition that it is born live.

S. 32 C beginning and end of the personality / II. Proof of life and death / 1. Burden of proof II. Proof of life and death 1. Burden of proof that that in order to exercise a right, claims that one exists it is dead, or that she was alive at a given time, or that she survived another person, must prove the fact he alleges.
When several people died without make it possible to establish if one has survived in the other, their death is presumed to have occurred at the same time.

S. 33 C beginning and end of the personality / II. Proof of life and death / 2. Evidence / has. In general 2. Evidence has. In general acts of civil status are evidence of birth and death.
In the absence of acts of civil status or when it is determined that those that do exist are inaccurate, the proof may be made by any other means.

S. 34 C beginning and end of the personality / II. Proof of life and death / 2. Evidence / b. Indices of death b. Indices of death the death of a person whose body has not been found is considered established, when that person disappeared in circumstances such as his death must be held for some.

S. 35 C beginning and end of the personality / III. Declaration of absence / 1. In general III. Declaration of absence 1. In general if the death of a person missing in mortal danger or which was not news for a long time seems very likely, the judge may declare the absence at the request of those who have rights subordinate to the death.


Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 36 C beginning and end of the personality / III. Declaration of absence / 2. Procedure 2. Procedure the declaration of absence may be required one year at least after the danger of death or five years after the latest news.
Judge calls, duly published summons, who might give news of the absent to make themselves known within a specified period.
This period shall be one year at least after the first summons.

S. 37 C beginning and end of the personality / III. Declaration of absence / 3. Query become without object 3. Query become moot if the absentee reappears before the expiration of the time limit, if its new or if the date of his death is established, the complaint is dismissed.

S. 38 C beginning and end of the personality / III. Declaration of absence / 4. Effects 4. Effects when the summons is unsuccessful, the judge pronounces the declaration of absence and opened by the death rights may be exercised in the same manner as if the death of the absent was established.
The effects of the declaration of absence date back to the day of the danger of death or latest news.
The declaration of absence causes the dissolution of the marriage.

Introduced by c. I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

Chapter II: acts of civil status art. 39. Registres / I. General information A. records I. General civil status shall be evidenced by electronic registers.
By marital status, includes: 1. the vital events directly related to a person, such as birth, marriage, death; 2. personal and family of a person, such as the majority, filiation, status the link marital; 3. the names; 4. the rights of city cantonal and communal; 5. nationality.

New content according to chapter I of the Federal law of 5 oct. 2001 (held computerized records of civil status), in force since 1 Jul. 2004 (RO 2004 2911; FF 2001 1537).

S. 40. records / II. Obligation to report II. Obligation to declare the federal Council determines people and the authorities who are required to report the data necessary to the realization of civil status.
It may provide that the breach of the obligation to declare is liable to the fine.


New content according to chapter I of the Federal law of 5 oct. 2001 (held computerized records of civil status), in force since 1 Jul. 2004 (RO 2004 2911; FF 2001 1537).
Repealed by chapter I of the Federal law of 5 oct. 2001 (held computerized records of civil status), with effect from 1 July. 2004 (RO 2004 2911; FF 2001 1537).

S. 41 a. records / III. Evidence of non-contentious data III. Evidence of data non-contentious when data relating to civil status must be established by documents, the cantonal supervisory authority can admit that the evidence is based on a statement made to the officer of the civil State, provided that the data are not disputed and that the presentation of the documents is impossible or cannot reasonably be required.
The civil status officer expressly invite the person who carries out the statement to tell the truth and makes it attentive to the penal consequences of a false statement.

S. 42 a. records / IV. Modification / 1. By j. IV. Amendment 1. By j. anyone who justifies a legitimate personal interest may request the judge to order registration, rectification or cancellation of disputed data relating to civil status. The cantonal supervisory authorities concerned are heard, and the judge shall notify their decision.
The cantonal supervisory authorities have also standing.

S. 43. records / IV. Modification / 2. By the authorities of civil status 2. By the authorities of the civil State civil status authorities grind Office inaccuracies resulting from an oversight or a mistake obvious.

S. 43aA. records / V. Protection and disclosure of data V. Protection and disclosure of data the federal Council provides, in relation to the acts of civil status, the protection of the personality and fundamental rights of persons whose data are processed.
It regulates the disclosure of data to individuals who have a direct interest worthy of protection.
It determines the external authorities to civil status to which are disclosed, regularly or on request, data necessary for the performance of their lawful duties. The provisions of cantonal laws on disclosure of data are reserved.
Civil authorities are required to report to the competent authorities criminal offences that they find in the exercise of their functions.

The following authorities can access online the data necessary for the verification of the identity of a person: 1. the authorities of establishment within the meaning of the Federal law of 22 June 2001 on the identity documents of the Swiss nationals; 2. the federal service that manages the computerized police search system provided for in art. 15 of the Federal law of June 13, 2008, on the police of the Federal Government information systems and filtering of the cantonal and municipal police services connected to this research system; 3. the federal service which takes the computerized criminal records provided for in art. 359 of the code criminal; 4. the federal service responsible for the search for missing persons.

Introduced by chapter I of the Federal law of 5 oct. 2001 (held computerized records of civil status), in force since 1 Jul. 2004 (RO 2004 2911; FF 2001 1537).
Introduced by c. I 3 of the Federal law of June 15, 2012 on measures to combat forced marriages, in force since 1 Jul. 2013 (2013 1035 RO; FF 2011 2045).
RS 143.1 new content according to Chapter 4 of annex 1 to the Federal law of 13 June 2008 on the information systems of police of the Confederation, in force since Dec. 5. 2008 (2008 4989 RO; FF 2006 4819).
SR 361 RS 311.0. Currently 'art. 365.
Federal Office of police s. 44 B organization / I. civil status authorities / 1. Officers of vital B. Organization I. authorities of civil status 1. Civil status officers of the civil State officers including the following functions: 1. keep records; 2. establish communications and issue excerpts; 3. direct the preparatory procedure for marriage and celebrate the marriage; 4. receive the declarations relating to civil status.

Exceptionally, the federal Council can confer some of these responsibilities to representatives of the Switzerland abroad.

S. 45 B organization / I. civil status authorities / 2. Supervisory authorities 2. Supervisory authorities each canton establishes a supervisory authority.
This authority has the following attributions: 1 supervision on the offices of the State civil; 2. assist and advise the officers of the State civil; 3. collaborate on the record-keeping and the procedure of marriage preparatory; 4. decide on recognition and transcription of the facts of civil status that occurred abroad and vital decisions taken by authorities foreign; 5. ensure the training and development of people working in the field of civil status.

The Confederation shall exercise the supervision. It can take the cantonal legal remedies against decisions of the civil status officers and those of the supervisory authorities.

New content according to chapter I of the Federal law of 5 oct. 2001 (held computerized records of civil status), in force since 1 Jul. 2004 (RO 2004 2911; FF 2001 1537).

S. 45aB. Organization / Ia. Database Central Ia. Central database the Confederation operates a central data bank for the cantons.
Funding is provided by the cantons. Expenditures are divided according to the number of inhabitants.
Under the law, and with the assistance of the cantons, the federal Council rule: 1. the collaboration mode; 2. the access rights of the authorities of the State civil; 3. organisational and technical measures necessary to ensure the protection and security of data; 4. archiving.

Introduced by chapter I of the Federal law of 5 oct. 2001 (held computerized records of civil status), in force since 1 Jul. 2004 (RO 2004 2911; FF 2001 1537).

S. 46 B organization / II. Liability II. Liability anyone who undergoes illegal damage caused in the performance of their duties, by people who work in the field of civil status is entitled to damages and, where justified by the gravity of the infringement, to a sum of money as a moral reparation.
The responsibility lies with the Township; It can backfire against damages caused intentionally or by gross negligence.
The Act of March 14, 1958, on liability applies to persons engaged by the Confederation.

RS 170.32 s. 47 B organization / III. Disciplinary action III. Disciplinary measures the cantonal supervisory authority disciplinary punishes persons employed in the offices of civil status which violate, intentionally or negligently, to the duties of their office.
The penalties are blaming, the fine up to 1000 francs or, in severe cases, the revocation.
Criminal proceedings are reserved.

S. 48 C implementing provisions / I. law federal v. implementing provisions I. law federal federal Council enacts implementing provisions.
It lays down particular rules: 1 the records to be kept and data record; 2. the use of the number of insured within the meaning of art. 50(c) of the Federal Act of 20 December 1946 on old-age insurance and survivors for the electronic exchange of data between the official registries of people;

3. in the keeping of the records;
4. to monitor.
To ensure a correct implementation tasks, the federal Council may lay down minimum requirements for training and development of those working in the field of civil status and the degree of occupation of civil status officers.
It sets the tariff of fees in civil status.
It determines under what conditions the following operations can be done in computerized manner: 1. the announcement of State civil; 2 facts. statements concerning the State civil; 3. communications and the establishment of extracts from the registers.

RS 831.10 new content according to Chapter 2 of the annex to the Federal law of 23 June 2006 on the harmonisation of registers, in force since 1 Jan. 2008 (RO 2006 4165; FF 2006 439).
Introduced by chapter I of the Federal law of 5 oct. 2001 (held computerized records of civil status), in force since 1 Jul. 2004 (RO 2004 2911; FF 2001 1537).

S. 49 C implementing provisions / II. Cantonal law II. Cantonal law the cantons define the boroughs of civil status.
They enact the implementing provisions in the framework set by federal law.
The provisions enacted by the cantons are subject to the approval of the Confederation, excluding those relating to the remuneration of those working in the field of civil status.

S. 50 and 51 repealed title two: corporations chapter I: provisions general article 52A. A personality. Personality corporations organized corporatively, as well as establishments with a special purpose and an own existence, acquire personality by being entered in the register of commerce.
Are exempt from this formality corporations and institutions of law public associations which have no economic purpose.
Companies and institutions that have a purpose illegal or contrary to morals cannot acquire personality.

New content according to chapter I 1 of the LF of 12 Dec. 2014 on the implementation of the recommendations of the financial action task force, revised in 2012, in force since 1 Jan. 2016 (2015 1389 RO; FF 2014 585).

S. 53 B enjoyment of civil rights B. enjoyment of civil rights legal persons can acquire all the rights and assume all the obligations that are not inseparable from the natural conditions of man, such as sex, age or kinship.

S. 54 C exercise of civil rights / I. Conditions C. exercise of civil rights I. Conditions legal entities were the exercise of civil rights as soon as they have the bodies that the law and the statutes require for this purpose.

S. 55 C exercise of civil rights / II. Mode II. Mode the will of a legal person is expressed by its bodies.
These require the legal person by their legal acts and all other facts.
The mistakes committed, moreover, the personal responsibility of their authors.

S. 56 d. seat d seat the seat of legal persons is, unless otherwise provided in the articles of Association, at their administrative headquarters.

New content according to Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).

S. 57 E. deletion of personality / I. Destination of goods E. deleting personality I. Destination of the goods unless otherwise provided by law, statutes, acts of Foundation or the competent organs, the fortune of dissolved corporations is vested in the public corporation (Confederation, canton, common) which they were by their purpose.
The original destination of the goods will be maintained to the extent possible.
The vesting in favour of a public corporation will take place, notwithstanding any other provision, if the legal person is dissolved because its purpose was illegal or contrary to morals.

New content according to chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 58 E. deletion of personality / II. Liquidation II. Liquidation property of legal persons are liquidated in accordance with the rules applicable to cooperative societies.

S. 59 f. Reserves in favour of public law and the law on corporations F. Reserves in favour of public law and the law on companies

The public law of the Confederation and the cantons remains reserved for corporations or institutions that are submitted and for those who have an ecclesiastical character.
Corporate organizations that have economic purpose are governed by the provisions applicable to corporations.
Allmends and other similar corporations continue to be governed by cantonal law.

Chapter II: Associations art. 60 a. Constitution / I. Organization corporate A. Constitution I. Organization corporate associations political, religious, scientific, artistic, charitable, recreational or other that have no economic purpose acquire personality as soon as they express in their statutes the desire to be organized corporatively.
The statutes are written in writing and contain the necessary provisions on the purpose, resources and the Organization of the association.

S. 61 a. Constitution / II. Entry in the register of trade II. Registration in the register of trade association whose statutes have been adopted and which was his direction can be entered in the register of commerce.
Is required to register any association: 1. that, to achieve his goal, carries an industry shaped commercial; 2. who is subject to the obligation to revise its accounts.

The statutes and the State of members of the management are attached to the registration application.

New content according to Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).
New content according to Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).

S. 62 a. Constitution / III. Associations without personality III. Associations without personality associations that cannot acquire the personality or who have not yet acquired it are treated as simple societies.

S. 63 a. Constitution / IV. Relationship between the Statute and the Act IV. Relationship between the Statute and the law the following articles shall apply, if the articles contain no rules regarding the Organization of the association and its relationship with the members.
The statutes may derogate from the rules whose enforcement takes place pursuant to a mandatory provision of the Act.

S. 64 B organization / I. General Assembly / 1. Functions and convening B. Organization I. General Assembly 1. Functions and convening the General Assembly is the supreme authority of the association.
It is convened by the Directorate.
The convening in the cases stipulated by laws and in addition, by law, when one-fifth of the members upon request.

S. 65 B organization / I. General Assembly / 2. Skills 2. Skills General Assembly decides on the admission and exclusion of members, called the direction and rule Affairs that are not spring other social bodies.
It controls the activity of the social organs and can revoke at any time, without prejudice to their conventionally recognized rights.
The power to revoke exists by law when it is exercised for proper reasons.

S. 66 B organization / I. General Assembly / 3. Decisions / a. form 3. A. shape the decisions of the association are decisions in the General Assembly.
The proposal to which all members have joined in writing is equivalent to a decision of the General Assembly.

S. 67 B organization / I. General Assembly / 3. Decisions / b. voting and majority b. voting and majority all members have equal voting rights in the General Assembly.
Decisions are taken by a majority of the votes of the members present.
They cannot be taken apart from the agenda unless the statute expressly permit.

S. 68 B organization / I. General Assembly / 3. Decisions / c. deprivation of the right to vote c. deprivation of the right to vote any member is legally deprived of his right to vote in decisions relating to a case or a trial of the association, when himself, his spouse or relatives or allies in a direct line are parties in question.

S. 69 B organization / II. Direction / 1. Rights and duties in general II. Direction 1. Rights and duties in general Directorate has the right and the duty to manage the Affairs of the association and to represent it in accordance with the statutes.

New content according to Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).

S. 69aB. Organization / II. Direction / 2. Accounting 2. Accounting Directorate maintains the books of the association. The provisions of the code of obligations relating to commercial accounting and the presentation of accounts shall apply by analogy.

Introduced by c. 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the limited company, cooperative society, the trade register and the reasons for trade rights; 2007 4791 RO; FF 2002 2949, 2004 3745). New content according to Chapter 1 of the annex to the Federal law of 23 Dec. 2011 (accountancy law), in force since 1 Jan. 2013 (2012 6679 RO; FF 2008 1407).
RS 220 s. 69bB. Organization / III. Auditors III. Auditors the association must submit its accounts to the regular revision if body control during two successive years, two of the following values are exceeded: 1 balance sheet total: 10 million francs; 2. total turnover: CHF 20 million; 3. strength: 50 in average annual full-time jobs.

The association must submit its accounts to the limited control of a review body, a member of the association responsible for individually or required to make additional payments as required.
The provisions of the code of obligations concerning the Auditors of the company shall apply by analogy.
In other cases, the Statute and the General Assembly can organize freely control.

Introduced by c. 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).
RS 220 s. 69cB. Organization / IV. Deficiencies in the Organization of the association IV. Deficiencies in the Organization of the association where the association does not have a prescribed bodies, a member or creditor may require the judge to take the necessary measures.
The judge may in particular set to the association a deadline to regularize his situation; If necessary, it shall appoint a Commissioner.
The association shall bear the costs of these measures. The judge may require the association to pay a retainer to the appointee.
For proper reasons, the association may ask the judge to revoke a person whom he has appointed.

Introduced by c. 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).

S. 70 C-corporate / I input and output C. members I. entry and exit the association may at any time receive new members.
Each Member is allowed by law to get out of the association, provided that it announces its six months before the end of the calendar year or, where an administrative exercise is planned, six months before the end of it.
The quality of Member is inalienable and not past point to the heirs.

S. 71 c. Members / II. Contributions II. Contributions the members of the association may be required to pay contributions if the articles so provide.

New content according to chapter I of the Federal law of 17 Dec. 2004 (fixing of the contributions by the members of associations), in force since June 1, 2005 (RO 2005 2117; FF 2004 4529 4537).

S. 72 C-corporate / III. Exclusion III. Exclusion statutes may determine the grounds for exclusion of a Member; they can also allow the exclusion without indication of reasons.
In these cases, the reasons for which the exclusion was pronounced may give rise to legal action.
If the articles don't have anything in this regard, the exclusion is pronounced only by decision of the company and for proper reasons.

S. 73 C-corporate / IV. Effects of exit and exclusion IV. Effects of exit and exclusion outgoing or excluded members lose all right to have social.
They have their share of contributions for the time during which they were members.

S. 74 C-corporate / V. Protection of the social purpose V. Protection of the social aim the transformation of the social purpose cannot be imposed on any member.

S. 75 C-corporate / VI. Protection of the rights of members VI. Protection of the rights of members any member is allowed by law to sue, in the month from the day where there knowledge, decisions to which it has not acceded and which violate legal or statutory provisions.

S. 75aC. responsibility v. responsibility

Unless otherwise provided in the articles of incorporation, the association meets only one of its debts, which are guaranteed by its social fortune.

Introduced by chapter I of the Federal law of 17 Dec. 2004 (fixing of the contributions by the members of associations), in force since June 1, 2005 (RO 2005 2117; FF 2004 4529 4537).

S. 76 D. Dissolution / I. case / 1. By decision of the association D. Dissolution I. case 1. By decision of the association the association may decide its dissolution at any time.

S. 77 D. Dissolution / I. case / 2. By law 2. By law the association is dissolved of right when it is insolvent or the Directorate can no longer be incorporated by statute.

S. 78 D. Dissolution / I. case / 3. By judgment 3. By judgment dissolution is decided by the judge, at the request of the competent authority or of an interested party, when the purpose of the association is unlawful or contrary to morals.

S. 79 D. Dissolution / II. Cancellation of the II. Cancellation of the recordation if the association is registered in the trade register, the dissolution is declared by the Directorate or by the judge to the officer responsible for strike.

Chapter III: Foundations art. 80 a. Constitution / I. In general A. Constitution I. In general the Foundation has for object the allocation of assets to a special purpose.

S. 81. A Constitution / II. Form II. Form the Foundation is constituted by deed or by provision for cause of death.
Registration in the register of trade occurs with content of the Act of Foundation and, if necessary, following the instructions of the supervisory authority; It shows the names of the members of the management.
The authority which shall carry out the opening of the provision for cause of death shall notify the agent in the register of commerce of the constitution of the Foundation.

New content according to chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).
Introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 82 a. Constitution / III. Action of the heirs and creditors III. Action of the heirs and creditors the Foundation can be attacked as a donation by the heirs or creditors of the founder.

S. 83 B organization / I. In general b. organization I. In general the Foundation Act indicates the organs thereof and its administration.

New content according to Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since 1 Jan. 2008 (2007 4791 RO; FF 2002 2949, 2004 3745).

S. 83aB. Organization / II. Maintenance of accounts II. Held of the accounts the supreme organ of the Foundation wishes the Foundation books. The provisions of the code of obligations relating to commercial accounting and the presentation of accounts shall apply by analogy.

Introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations; 2005 4545 RO; FF 2003 7425 7463). New content according to Chapter 1 of the annex to the Federal law of 23 Dec. 2011 (accountancy law), in force since 1 Jan. 2013 (2012 6679 RO; FF 2008 1407).
RS 220 s. 83bB. Organization / III. Auditors / 1. Obligation to review and right applicable III. Auditors 1. Obligation to review and right applicable the supreme organ of the Foundation means a review body.
The supervisory authority may dispense with the Foundation of the obligation to designate a body to review. The federal Council defines the conditions of the exemption.
The absence of special provisions applicable to foundations, the provisions of the code of obligations concerning the Auditors of the company shall apply by analogy.
When the Foundation is held at a small control, the supervisory authority may require regular control, if this is necessary to reveal the State of the heritage and the results of the Foundation.

Introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations; 2005 4545 RO; FF 2003 7425 7463). New content according to Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).
RS 220 s. 83cB. Organization / III. Auditors / 2. Relationships with the supervisory authority 2. Relationships with the supervisory authority the Auditors transmits to the supervisory authority a copy of the review report as well as all of the important communications to the Foundation.

Introduced by c. 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).

S. 83dB. Organization / IV. Deficiencies in the Organization of the IV Foundation. Deficiencies in the Organization of the Foundation when the Organization provided for in the deed of Foundation is not sufficient, that the Foundation does not all bodies prescribed or one of these organs is not composed in accordance with the requirements, the supervisory authority takes the necessary measures. It may in particular: 1 set a deadline to the Foundation to regularize his situation; 2. appoint the body that is missing or a Commissioner.

Where the Foundation cannot be organised in accordance with its purpose, the supervisory authority delivers goods to another Foundation whose purpose is as close as possible to that which had been planned.
The Foundation shall bear the costs of these measures. The supervisory authority may compel him to pay a retainer to the appointee.
For proper reasons, the Foundation may ask the supervisory authority to revoke a person whom she named.

Introduced by c. 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).

S. 84 C surveillance C. monitoring the foundations are placed under the supervision of the public corporation (Confederation, canton, municipality) whose jurisdiction they fall by their purpose.
The cantons may submit the foundations which the surveillance is the responsibility of municipalities to control of the cantonal supervisory authority.
The supervisory authority provides that the assets of the foundations are used for their intended purpose.

Introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 84aC. measures in the event of over-indebtedness and insolvency C. measures in the event of over-indebtedness and insolvency if serious reasons leave fear that the Foundation is indebted or insolvent long-term, the supreme organ of the Foundation takes intermediate stock based on the market value of the property and submit it for consideration to the Auditors. If the Foundation is not Auditors, the supreme organ of the Foundation shall submit the intermediate to the supervisory authority review if the review body finds that the Foundation is indebted or insolvent long-term, it resets the interim review to the supervisory authority.
The supervisory authority ordered the supreme organ of the Foundation to take the necessary measures. If it does not, the supervisory authority takes itself the measures needed.
If necessary, the supervisory authority application of enforcement measures to be taken; the provisions of the right of public limited companies relating to the opening or the postponement of bankruptcy shall apply by analogy.

Introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 84 (b) introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations; 2005 4545 RO; FF 2003 7425 7463). Repealed by Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), with effect from 1 Jan. 2008 (2007 4791 RO; FF 2002 2949, 2004 3745).

S. 85 d. change / I. D. Modification I Organization. Organization the federal or cantonal authority competent may, on the proposal of the supervisory authority and after having heard the supreme body of the Foundation, change the Organization, when this measure is absolutely necessary to keep or maintain the purpose of the Foundation.

New content according to chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 86 d. Amendment / II. Purpose / 1. At the request of the authority of monitoring or the supreme organ of the II Foundation. Of goal 1. At the request of the authority of monitoring or the supreme organ of the Foundation the federal or cantonal authority competent may, at the request of the authority of monitoring or the supreme organ of the Foundation, change the purpose thereof, when the nature or scope of the primitive goal has changed to the point that the Foundation not clearly respond to the intentions of the founder.
Can be deleted or modified in the same manner and under the same circumstances the charges and conditions that undermine the purpose of the founder.


New content according to chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).
New content according to chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 86aD. Modification / II. Purpose / 2. Upon request or due to a provision for cause of death of founder 2. Upon request or due to a provision for cause of death of the founder the federal or cantonal authority competent changes the purpose of the Foundation at the request of the founder or due to a provision for cause of death taken by it, when the Act of Foundation reserves this possibility and that at least 10 years have elapsed since the constitution of the Foundation or since the last amendment requested by the founder.
If the Foundation pursues a goal of public service or public utility within the meaning of art. 56, let. g, of the Federal law of 14 December 1990 on direct federal taxation, the new aim must remain a goal of public service or public utility.
The right to require the amendment of the purpose is not transferable and does not pass to the heirs. When the founder is a legal person, this right shall lapse no later than 20 years after the establishment of the Foundation.
When the Foundation was incorporated by several founders, they must require the modification of the aim jointly.
The authority, which shall at the opening of the provision for cause of death shall notify the competent supervisory authority of the provision for the amendment of the purpose of the Foundation.

Introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).
RS 642.11 s. 86bD. Modification / III. Consequential amendments to the deed of Foundation III. Consequential amendments of the Act of Foundation the supervisory authority may, after hearing the supreme body of the Foundation, incidental to the Act of Foundation changes when they are controlled by objectively justified reasons and that they do not infringe the rights of third parties.

Introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 87 E. foundations of family and ecclesiastical foundations E. foundations of family and ecclesiastical foundations subject to the rules of public law, the foundations of family and ecclesiastical foundations are not subject to the control of the supervisory authority.
They are untied from the requirement to designate a body for review.
Private law disputes are settled by the judge.

Introduced by chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 88e. Dissolution and radiation / I. Dissolution by the authority competent F. Dissolution and radiation I. Dissolution by the competent federal or cantonal authority competent pronounced the dissolution of the Foundation, upon request or ex officio when: 1. the purpose of the Foundation can no longer be reached and that the Foundation can only be maintained by a modification of the Act of Foundation or 2. the purpose of the Foundation became illegal or contrary to morals.

The dissolution of foundations of family and ecclesiastical foundations is pronounced by the Court.

New content according to chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 89F. Dissolution and radiation / II. Motion and action in dissolution, cancellation of the II. Motion and action in dissolution, cancellation of the query or the dissolution of the Foundation may be brought by any interested person.
The dissolution is communicated to the agent in the register of trade so that it shall enter the deletion of registration.

New content according to chapter I of the Federal law of 8 oct. 2004 (law of foundations), in force since 1 Jan. 2006 (RO 2005 4545; FF 2003 7425 7463).

S. 89aG. pension funds in favour of staff G. Institutions of welfare for staff pension funds for staff constituted as foundations under art. 331 of the code of obligations are also governed by the following provisions.
The bodies of the Foundation must give recipients the necessary information on the Organization, activity and financial position of the Foundation.
If workers pay contributions to the Foundation, they participate in the administration to the extent at least of these payments. To the extent possible, they themselves elect representatives selected in the bosom of the staff.

The beneficiaries may require in justice for the benefit of the Foundation, when they have made contributions or that the provisions governing the Foundation give them a right to benefits.
The foundations of welfare for staff whose activity extends to the field of welfare old age, survivors and invalidity and who are subject to the law of 17 December 1993 on free passage (LFLP) are also governed by the following provisions of the Federal Act of 25 June 1982 on occupational old-age, survivors, and disability insurance (BVG) : 1. the definition and principles of occupational and wage or the assured income (art. 1, 33A and 33B), 2. the subjection of persons to the AVS (art. 5, para. 1), 3. recipients of survivors (art. 20A), 3 a. the provisional maintenance insurance and the right to benefits in the event of reduction or removal of the annuity disability insurance (art. 26), 4. adaptation to the evolution of the price of regulatory benefits (art. 36, para. 2-4), 5. the prescription of rights and the keeping of documents (art. 41), 5 a.  utilization, processing and communication of the AHV insurance number (art. 48, para. 4, 85 a, let f and 86a, al. 2, let. b), 6. responsibility (art. 52), 7. the coziness and the tasks of the organs of control (article 52 (a) at 52nd), 8. the integrity and loyalty of officials, legal acts passed with close people and conflict of interest (articles 51B, 51 c and 53), 9. the liquidation partial or total (art. 53B to 53d), 10.  termination of contracts (SS. 53e and 53f), 11. the guarantee fund (art. 56, para. 1, c, al. 2-5, s. 56, 57 and 59), 12. monitoring and supervision (arts. 61-62 and 64 to 64 c), 13. … 14. the financial security (art. 65, para. 1, 3 and 4, 66, 4, 67 and 72 (a) 72 g), 15. transparency (art. 65), 16. reservations (art. 65 (b)), 17. insurance contracts between pension funds and institutions of insurance (art. 68, para. 3 and 4), 18. administration of wealth (art. 71), 19. litigation (arts. 73 and 74), 20. Penal provisions (articles 75 to 79), 21. redemption (art. 79b), 22. the salary and insurable income (art. 79 c), 23. information of insured persons (article 86 (b)).

The foundations of welfare for staff whose activity extends to the field of welfare old age, survivors and disability but who are not subject to the LFLP as employers of foresight to discretionary benefits fund and funding foundations, are governed exclusively by the following provisions of the LPP on: 1. the subjection of persons to AVS (art. 5 al. 1); 2. utilization, processing and communication of the AHV insurance number (art. 48, para. 4, 85 a, let f and 86a, al. 2, let. b); 3. responsibility (art. 52); 4. the coziness and the tasks of the review body (art. 52A, 52b 52 c, al. 1 let. a to d and g, 2 and 3); 5. the integrity and loyalty of officials, legal acts past with close people and conflict of interest (articles 51B, 51 c and 53); 6. the total liquidation (art. 53); 7. monitoring and supervision (art. 61-62a and 64-64b); 8. litigation (arts. 73 and 74); 9. Penal provisions (articles 75 to 79); 10. the tax treatment (art. 80, 81, para. 1, and 83).

The foundations of welfare referred to in para. 7 are also governed by the following provisions: 1. they administer their wealth so as to guarantee the safety of investments, a reasonable return and with the cash necessary for the performance of their duties; 2. the supervisory authority decided, at the request of the Foundation Board of the partial liquidation of the employer funds of provident benefits discretionary; 3. they take into account, by analogy, principles of equality of treatment and fitness.

Introduced by chapter II of the LF's March 21, 1958, in force since 1 Jul. 1958 (1958 389 RO; FF 1956 II 845). Until the entry into force of the Federal law of 19 Dec. 2008 (protection of adulthood, right people and right of filiation) 1 Jan. 2013 (RO 2011 725): art. 89. new content according to chapter II art. 2 c. 1 of the Federal law of June 25, 1971, in force since 1 Jan. 1972 (1971 1461 RO; FF 1967 II 249).
RS 220 new content according to chapter II art. 2 c. 1 of the Federal law of June 25, 1971, in force since 1 Jan. 1972 (1971 1461 RO; FF 1967 II 249).
New content according to chapter II art. 2 c. 1 of the Federal law of June 25, 1971, in force since 1 Jan. 1972 (1971 1461 RO; FF 1967 II 249).
Repealed by chapter III of the Federal law of June 21, 1996, with effect from 1 Jan. 1997 (RO 1996 3067; FF 1996 I 516 533).
RS 831.42 RS 831.40 new content according to chapter I of the Federal law of 25 sept. 2015 (foundations of welfare for staff), in force since 1 Apr. 2016 (2016 935 RO; FF 2014 5929 6399).

New content according to ch. II LF of 11 Dec 1. 2009 (measures to facilitate the participation of older workers in the labour market), in force since 1 Jan. 2011 (2010 4427 RO; FF 2007 5381).
New content according to chapter I of the Federal law of 25 sept. 2015 (foundations of welfare for staff), in force since 1 Apr. 2016 (2016 935 RO; FF 2014 5929 6399).
Introduced by Chapter 2 of the annex to the Federal law of March 18, 2011 (6 revision AI, first part), in force since 1 Jan. 2012 (2011 5659 RO; FF 2010 1647).
New content according to Chapter 1 of the annex to the LF of 18 June 2004, in force since 1 Jan. 2005 (RO 2004 4635; FF 2003 5835).
Introduced by c. 1 of the annex to the Federal law of June 23, 2006 (new AHV insurance number), in effect since Dec. 1. 2007 (2007 5259 RO; FF 2006 515).
New content according to chapter II 1 of the Federal law of March 19, 2010 (structural reform), in force since 1 Jan. 2012 (2011 3393 RO; FF 2007 5381).
New content according to chapter II 1 of the Federal law of March 19, 2010 (structural reform), in force since 1 Jan. 2012 (2011 3393 RO; FF 2007 5381).
New content according to ch. II of the Federal law of 20 Dec. 2006 (change of pension fund), in force since May 1, 2007 (RO 2007 1803; FF 2005 5571 5583).
New content according to chapter II 1 of the Federal law of March 19, 2010 (structural reform), in force since 1 Jan. 2012 (2011 3393 RO; FF 2007 5381).
Repealed by chapter II 1 of the Federal law of March 19, 2010 (structural reform), with effect from 1 Jan. 2012 (2011 3393 RO; FF 2007 5381).
New content according to ch. II LF of 17 Dec 1. 2010 (funding of pension funds of public law corporations), in force since 1 Jan. 2012 (2011 3385 RO; FF 2008 7619).
Introduced by 1 of the Federal law of 25 June 1982 on retirement, old age, survivors and disability (RO 1983 797; FF 1976 I 117). New content according to Chapter 1 of the annex to the LF of 3 oct. 2003 (1 revision LPP), ch. 6, 7, 10-12, 14 (with the exception of the art. 66, para. 4), 15, 17 to 20 and 23 in force since the 1 Apr. 2004, c. 3 to 5, 8 and 9 13 14 (art. 66, para. 4), in force since 1 Jan 16. 2005, c. 1, 21 and 22 in force since 1 Jan. 2006 (RO 2004 1677; FF 2000 2495).
Introduced by chapter I of the Federal law of 25 sept. 2015 (foundations of welfare for staff), in force since 1 Apr. 2016 (2016 935 RO; FF 2014 5929 6399).
Introduced by chapter I of the Federal law of 25 sept. 2015 (foundations of welfare for staff), in force since 1 Apr. 2016 (2016 935 RO; FF 2014 5929 6399).

Second title: collected funds art. 89b A. default administration A. default administration when it is not provided to the management or the use of funds raised publicly for purposes of public utility, the competent authority take necessary measures.
It can load a Commissioner for the administration of the funds or pass them on to an association or a foundation whose goals are similar as far as possible to those in which they were collected.
The provisions on the protection of the adult for the curatorship shall apply by analogy to the Commissioner.

S. 89(c) B. authority competent B. authority competent (b) competent authority the competent authority is canton where most of the collected goods were administered.
The Foundation supervisory authority is competent, unless otherwise provided in the canton.

New content according to chapter I 1 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635). Corrected by the HSO Editorial Committee. EDF. (art. 58, para. 1, PA;) RS 171.10).

Second book: first part family law: third title spouse: marriage chapter I: of betrothal s. 90. Contrat engagement A. engagement contract engagements are formed by the promise of marriage.
They require the minor fiance if his legal representative has consented.
The law grants no action to force to marry fiancé who refuses.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 91 B breach of betrothal / I. present B. breach of betrothal I. present the bride and groom can demand the return of gifts they are made subject to use gifts, provided that the failure is not caused by the death of one of them.
If the present no longer exist in nature, the restitution is governed by the provisions on unjust enrichment.

S. 92 B breach of betrothal / II. Financial participation II. Financial participation when one of the fiancés took in good faith, for marriage, the provisions leading to charges or loss of gain, may require another financial participation appropriate, insofar as it seems not unfair in the light of all the circumstances.

S. 93 B breach of betrothal / III. Prescription III. Prescribing the actions arising from the engagement are prescribed by one year from breaking.

Chapter II: Conditions of marriage art. 94A capacity A. capacity to be able to enter into marriage, the man and the woman must be 18 years of age and capable of discernment.


Repealed by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), with effect from 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 95 B impediments / I. relationship B. impediments I. relationship marriage is prohibited between relatives in direct line, as well as between brothers and sisters Teutons, consanguineous or uterine, that kinship is based on descent or adoption.
The adoption does not remove the impediment resulting from the relationship between the adopted child and its descendants, on the one hand, and his natural family, on the other hand.

New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2006 (RO 2005 5685; FF 2003 1192).
New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2006 (RO 2005 5685; FF 2003 1192).

S. 96 B impediments / II. Previous marriage II. Marriage before anyone who wants to remarry must establish that her previous marriage has been annulled or dissolved.

Chapter III: The preparatory proceedings and the celebration of the marriage, Art. 97 A principle A. principle marriage is celebrated by the officer of civil status at the end of the preparatory procedure.
The couple can marry in the District of the civil status of their choice.
The religious marriage may precede civil marriage.

S. 97aA abuse related to the legislation on foreigners A. abuse related to the legislation on foreigners the civil status officer refuses his competition when one of the fiancés is clearly not found a conjugal community but evade the provisions on the entry and stay of foreigners.
The civil status officer means the married couple; He may appeal for information from other authorities or third parties.

Introduced by c. II 4 of the annex to the LF of 16 Dec. 2005 on foreigners, in force since 1 Jan. 2008 (2007 5437 RO; FF 2002 3469).

S. 98 B preparatory procedure / I. application B. Procedure preparatory I. request the execution of preparatory proceedings is application by les fiancés to the office of the civil status of the home of one of them.
They appear personally. If the married couple demonstrate this clearly cannot be demanded of them, the execution of preparatory proceedings is admitted in the written form.
They establish their identity through documents and personally declare the Office of civil status that they satisfy the conditions of marriage; they produce the necessary consents.
The married couple who are not Swiss citizens must establish the legality of their stay in Switzerland during the preparatory procedure.

Introduced by chapter I of the Federal law of June 12, 2009 (preventing marriages in the event of illegal residence), in force since 1 Jan. 2011 (2010 3057 RO; FF 2008 2247 2261).

S. 99 B preparatory proceedings / II. Execution and closure of the preparatory proceedings II. Execution and closure of the preparatory proceedings the civil status office examines if: 1. the application has been made regularly; 2. the identity of the couple is established; 3. the conditions of marriage are met particularly if there is no evidence to conclude that the request is clearly not the expression of the free will of the fiancés.

When these requirements are met, it shall communicate to the fiancés the closing of the preparatory proceedings and legal deadlines for the celebration of the marriage.
Under cantonal law and agreement with the couple, he fixed the time of the solemnization of the marriage or, if required, it delivers an authorization to celebrate marriage in another district of the civil State.
The civil status office shall communicate to the competent authority the identity of the couple who have not established the legality of their stay in Switzerland.

New content according to chapter I 3 of the Federal law of June 15, 2012, concerning control measures against forced marriages, in force since 1 Jul. 2013 (2013 1035 RO; FF 2011 2045).
Introduced by chapter I of the Federal law of June 12, 2009 (preventing marriages in the event of illegal residence), in force since 1 Jan. 2011 (2010 3057 RO; FF 2008 2247 2261).

S. 100 B preparatory procedure / III. Time III. Deadlines

The marriage may be celebrated no earlier than ten days and no later than three months after the communication of the closing of the preparatory procedure.
Where respect for the period of 10 days is likely to prevent the celebration of marriage because one of the fiancés is in danger of death, the civil status officer may, on presentation of a medical certificate, abridge or celebrate the wedding immediately.

S. 101 C solemnization of marriage / I. place v. Celebration of marriage I. place the marriage is celebrated in the wedding room of the Borough of civil status chosen by the couple.
If the preparatory procedure took place in another district of the civil State, les fiancés must present an authorization to celebrate the marriage.
The marriage may be celebrated in another place if the married couple demonstrate that their trip to the wedding room clearly cannot be required.

S. 102 C solemnization of marriage / II. Form II. Form marriage is celebrated publicly, in the presence of two witnesses major and capable of discernment.
The civil status officer separately asked the bride and the groom if they want to come together by the bonds of marriage.
When the engaged couple responded in the affirmative, they are declared United by the bonds of marriage under their mutual consent.

S. D. provisions for implementing the federal Council implementing 103 D. provisions and the cantons, within their competence, enact the implementing provisions.

Chapter IV: Cancellation of the marriage article 104 A principle A. principle marriage celebrated by a civil registrar cannot be cancelled only at the rate of one of the grounds provided for in this chapter.

S. 105 B causes absolute / I. case B. Causes absolute I. case the marriage must be cancelled: 1. where one of the spouses was already married at the time and that the previous marriage has not been dissolved by divorce or by the death of his spouse; 2. When one of the spouses was incapable of discernment at the time and it has not recovered the ability of discernment since; 3. When the marriage was prohibited due to the nature of a link of kinship; 4. When one of the spouses does not found a conjugal community but evade the provisions on the entry and stay of foreigners; 5. When the marriage was concluded in violation of the free will of one of the spouses; 6. When one of the spouses is a minor, unless its interests command to maintain the marriage.

New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2006 (RO 2005 5685; FF 2003 1192).
Introduced by c. II 4 of the annex to the LF of 16 Dec. 2005 on foreigners, in force since 1 Jan. 2008 (2007 5437 RO; FF 2002 3469).
Introduced by c. I 3 of the Federal law of June 15, 2012 on measures to combat forced marriages, in force since 1 Jul. 2013 (2013 1035 RO; FF 2011 2045).
Introduced by c. I 3 of the Federal law of June 15, 2012 on measures to combat forced marriages, in force since 1 Jul. 2013 (2013 1035 RO; FF 2011 2045).

S. 106 B causes absolute / II. Action II. Action action is brought ex officio by the competent cantonal authority of the domicile of the spouses; It can be also by any interested person. Insofar as this is compatible with their responsibilities, the federal or cantonal authorities shall inform the competent authority for action when they have reason to believe that a wedding is vitiated by a defect causing nullity.
The already dissolved marriage annulment is not office; continuing Nevertheless, it can be requested by any interested person.
The action may be brought at any time.

Sentence introduced by c. I 3 of the Federal law of June 15, 2012, concerning control measures against forced marriages, in force since 1 Jul. 2013 (2013 1035 RO; FF 2011 2045).

S. 107 C cases / I. case v. cases I. case one spouse may request the annulment of the marriage: 1. where he was incapable of discernment for a cause transient at the celebration; 2. When he said mistakenly consent to the celebration, either that he did not want to marry, or that he has not wanted to marry the person who became his spouse; 3. When he contracted marriage in having been deliberately misled about essential personal qualities of his conjoint.4. …

Repealed by c. I 3 of the Federal law of June 15, 2012 on measures to combat forced marriages, with effect from 1 July. 2013 (2013 1035 RO; FF 2011 2045).

S. 108 C cases / II. Action II. Action the plaintiff must bring the action within a period of six months from the day where he discovered the cause of cancellation or one where the threat has been ruled out, but in any case within five years following the celebration of the marriage.
The heirs do not have standing to act; However, an heir may continue the proceedings already initiated at the time of death.

S. 109 D. effects of the D. effects of the annulment of marriage judgment judgment produces its effects only after having been declared by the judge; until the judgment, the wedding has all the effects of a valid marriage, with the exception of the inheritance rights of the surviving spouse.
Divorce-related provisions shall apply by analogy to the effects of the judgment of cancellation in regard to spouses and children.
The presumption of paternity of the husband ceases when the marriage is annulled because it has been contracted to evade the provisions on the entry and stay of foreigners.

Introduced by c. II 4 of the annex to the LF of 16 Dec. 2005 on foreigners, in force since 1 Jan. 2008 (2007 5437 RO; FF 2002 3469).

S. 110 repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

Fourth title: divorce and separation of body chapter I: the conditions of divorce articles 111 A divorce on joint motion / I. complete agreement A. Divorce on query municipality i. complete agreement when spouses seek divorce by common query and produce a convention complete the effects of their divorce, accompanied by the necessary documents and their joint conclusions on children, the judge hear them separately and together. The hearing can take place in several sessions.
The judge shall ensure that the spouses have filed their request for divorce and concluded their convention after much soul-searching and voluntarily and that the convention and the conclusions relating to children can be ratified; He then pronounces the divorce.

New content according to chapter I of the Federal law of 25 sept. 2009 (cooling-off period in the procedure of divorce on joint motion), in force since Feb 1. 2010 (2010 281 RO; FF 2008 1767 1783).

S. 112. A Divorce on joint motion / II. Partial agreement II. Partial agreement the spouses may file for divorce by joint application and declare that they entrust to the judge to settle the effects of divorce on which remains a disagreement.
They agreed, as in the case of complete agreement, their willingness to divorce, the effects of divorce that are the subject of an agreement and their decision to set other effects by the judge.


Repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 113 repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 114 B divorce on unilateral request / I. After suspension of life common b. Divorce on unilateral request I. After suspension of life municipality a husband can divorce when, at the beginning of lis pendens, or on the day of the replacement of the request by a unilateral request, spouses have lived separated for two years at least.

New content according to chapter I of the Federal law of 19 Dec. 2003 (period of separation in divorce law), in force since June 1, 2004 (RO 2004 2161; FF 2003 3490 5310).

S. 115 B divorce on unilateral request / II. Breakdown of the conjugal relationship II. Breakdown of marriage a spouse can seek a divorce before the expiry of the period of two years, when serious grounds which may not be ascribed to him make the continuation of unbearable marriage.

New content according to chapter I of the Federal law of 19 Dec. 2003 (period of separation in divorce law), in force since June 1, 2004 (RO 2004 2161; FF 2003 3490 5310).

S. 116 repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

Chapter II: The separation of body art. 117. Conditions and procedure A. Conditions and procedure the legal separation may be requested from the same conditions as divorce.

The judgment pronouncing the separation of body has no impact on the right to seek a divorce.

Repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 118 B effects of separation B. effects of separation the separation of body causes full separation of property.
For the remainder, the provisions on the protective measures of the conjugal union shall apply by analogy.

Chapter III: Effects of divorce articles 119A name A. name the spouse who changed its name at the conclusion of marriage retains this name after the divorce. However, it may report at any time to the civil status officer will continue its single name.

New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 120b matrimonial and succession B. matrimonial and succession

The liquidation of the matrimonial property regime is subject to the provisions on the matrimonial property regime.
The divorced spouses cease to be Inheritors legal to one another and lose all the benefits resulting from provisions for cause of death before the pendency of divorce proceedings.

S. 121 C housing family v. accommodation of the family where the presence of children or other important reasons so warrant, the judge may assign to one of the spouses the rights and obligations resulting from the lease contract on housing of the family, provided that this decision can reasonably be imposed on the other spouse.
The spouse who is no longer a tenant responds jointly for the rent until the expiry of the lease or until the end of leave provided for in the contract or law, but in all cases for more than two years. when its liability for the payment of the rent, it can compensate the amount paid with the maintenance contribution due to his or her spouse, by installments limited to the amount of the monthly rent.
Under the same conditions, the judge may assign to one of the spouses the right to housing of limited duration on the housing of the family which belongs to the other spouse, subject to fair compensation or equitable deduction of the contribution of maintenance. When new developments so require, the right to housing is restricted or removed.

S. 122 D. occupational / I. Before the occurrence of a case of welfare / 1. Benefits of output D. foresight professional I. Before the occurrence of a contingency case 1. Division of benefits of output when at least one of the spouses is affiliated with an institution of occupational pension and any contingency occurred, each spouse is entitled to half of the output of the spouse benefit calculated for the duration of the marriage in accordance with the Act of 17 December 1993 on the free passage.
When spouses have reciprocal claims, only the difference between these two claims should be shared.

RS 831.42 s. 123 D. occupational / I. Before the occurrence of a case of welfare / 2. Waiver and exclusion 2. Disclaimer and exclusion a spouse may, by agreement, renounce in whole or in part, to his right, provided that he can enjoy another way to a provident pension and disability equivalent.
The judge may refuse the sharing, in whole or in part, where it is manifestly inequitable on grounds relating to the liquidation of the regime marital or economic situation of the spouses after divorce.

S. 124 D. occupational / II. After the occurrence of a case of foresight or in case of impossibility of sharing II. After the occurrence of a case of foresight or in case of impossibility of sharing fair compensation is due when a case of welfare has already occurred for one of the spouses or both or in occupational pension claims acquired during marriage cannot be shared for other reasons.
The judge may require the debtor to provide security if the circumstances warrant.

S. 125 E. maintenance after divorce / I. Conditions E. maintenance after divorce I. Conditions if could reasonably expected of a spouse that it maintains itself to its proper care, including the establishment of a proper retirement, spouse owes him a fair contribution.
To decide whether a maintenance contribution is allocated and to determine, where appropriate, the amount and duration, the judge retains in particular the following: 1. the distribution of tasks during the marriage; 2. the duration of the marriage; 3. the standard of living of the spouses during the marriage; 4. the age and State of health of the spouses; 5. revenues and the fortune of the spouses; 6. the magnitude and the duration of support of children which has yet to be assured; 7. vocational training and the prospects for gain of spouses, as well as the likely cost of insertion professional of the recipient of the maintenance; 8. the expectations of old-age insurance and survivors and occupational or other forms of private or public welfare including the predictable result of output benefits sharing.

The allocation of a contribution may exceptionally be denied in whole or in part when it proves to be manifestly unfair, especially because the creditor: 1 has seriously violated its obligation of maintenance of the family; 2. a deliberately caused the situation of need in which it is located; 3. has committed a criminal offence against the debtor or one of his relatives.

S. 126 E. maintenance after divorce / II. II regulation mode. Settlement judge allocates the contribution of maintenance in the form of an annuity and fixed the moment from which it is due.
Where special circumstances warrant, it may impose a final settlement capital rather than an annuity.
It may make the obligation to contribute to the maintenance under certain conditions.

S. 127 E. maintenance after divorce / III. Annuity / 1. Special provisions III. Annuity 1. Special provisions by agreement, the spouses may exclude fully or partially the subsequent annuity fixed by mutual agreement.

S. 128 E. maintenance after divorce / III. Annuity / 2. Indexing 2. Indexing the judge may decide that the maintenance contribution will be increased or reduced Office defined variations in the cost of living.

S. 129 E. maintenance after divorce / III. Annuity / 3. Modification by the judge 3. Modified by the judge if the situation of the debtor or the creditor changes significantly and sustainably, the annuity can be diminished, deleted or suspended term; an improvement of the situation of the creditor is taken into account if an annuity to ensure its proper maintenance could be fixed in the judgment of divorce.
The creditor may request the adaptation of the pension to inflation in the future, when the income of the debtor increased erratically after the divorce.
Within a period of five years after divorce, the creditor may request an annuity or its increase allowance where the divorce judgment finds that it was not possible to establish an annuity to ensure adequate creditor maintenance, while the situation of the debtor has improved since then.

S. 130 E. maintenance after divorce / III. Annuity / 4. Extinction through Act 4. Extinction by law of the maintenance obligation shall lapse on the death of the debtor or the creditor.
Unless agreed otherwise, it goes out also when the remarriage of the creditor.

S. 131 E. maintenance after divorce / IV. Execution / 1. Helps recovery and advances IV. Execution 1. Assistance to recovery and advances when the debtor neglects his obligation to provide maintenance, the child protection authority or another office appointed by cantonal law adequately, and as a rule free of charge, the creditor who requests to obtain the payment of the contribution to maintenance.
It belongs to public law to settle the payment of advances when the debtor does not comply with its obligation to provide maintenance.
The contention of the maintenance contribution passes with all the rights attached to it to the public when it assumes the maintenance of creditor.

New expression according to c. I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635). It was taken into account this mod. throughout the text.

S. 132 E. maintenance after divorce / IV. Execution / 2. Notice to debtors and provision of security 2. Notice to debtors and provision of security when the debtor does not comply with its obligation to provide maintenance, the judge may order its debtors to operate all or part of their payments into the hands of the creditor.
Where the debtor continues to neglect its obligation to maintenance or it has to admit that it is preparing to flee, he squandered his fortune or causes him to disappear, the judge may compel it to provide security for future maintenance contributions.

S. 133e. children / I. rights and duties of the father and mother f fate of children I. rights and duties of the father and mother j. regulates the rights and duties of the father and mother in accordance with the provisions governing the effects of filiation. This particular door regulation: 1. the authority parental; 2. the custody of the child; 3. personal relationships (art. 273) or the participation of each parent to child support; 4. the contribution of maintenance.

The judge takes account of all significant circumstances for the sake of the child; It takes into account a possible joint application of the parents and, as far as possible, the opinion of the child.
It can set the contribution of service for a period beyond access to the majority.

New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 134. F fate of children / II. New developments II. Made new A the request of the father or mother, the child or the protection of the child, the attribution of parental authority must be modified when new developments require it for the good of the child.
The conditions relating to the modification of the other rights and duties of the father and mother are defined by the provisions relating to the effects of filiation.

In the event of agreement between the father and mother, the child protection authority is competent to change the attribution of parental authority and custody as well as to ratify the convention relating to the maintenance of the child. In other cases, the decision rests with the competent judge to change the divorce judgment.
When deciding on the modification of parental authority, custody or contribution to maintenance of a minor child, judge modifies the need the manner in which personal relationships or the involvement of each parent in its support have been resolved; in other cases, the child protection authority is competent in this matter.

New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 135 to 149 repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 150-158 repealed fifth title: the General effects of the marriage article 159 A conjugal union; rights and duties of spouses A. conjugal Union; rights and duties of the spouses the marriage creates the conjugal union.
The spouses undertake mutually to ensure prosperity by mutual agreement and vacancies together for the maintenance and education of children.
They need to the other fidelity and assistance.

S. 160 B name B. name each of the spouses keeps its name.
However, the engaged couple may declare to the Registrar of the civil State want to carry a common family name. they can choose between the single one or the other name.
Les fiancés who retain the name choose which of their two single names their children will wear. The civil status officer may release this obligation in duly substantiated cases.

New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 161(c). right of city v. freedom of the city each spouse retains its right to cantonal and communal city.

New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 162 D remains common. common abode the spouses choose together the common abode.

S. 163 E. family maintenance / I. General e. maintenance of the family I. Usually husband and wife contribute, each according to his faculties, to the proper care of the family.
They agree to the way in which each is contributing, especially by benefits in money, work at home, care for children or the assistance it lends to his spouse in his profession or business.
In doing so, they reflect the needs of the conjugal union and their personal situation.

S. 164 E. family maintenance / II. Amount at free disposal II. Amount at free disposal the spouse who dedicated his household or child care or helps the other in his profession or his company has the right to receive regular spouse an amount equitable that it can freely dispose.
In determining this amount, then consider the own income of the creditor spouse as well as the duty of the debtor to ensure the future of the family and provide for the needs of his profession or business.

S. 165 E. family maintenance / III. Extraordinary contribution of a spouse III. Extraordinary contribution of a spouse when a spouse has collaborated to the profession or business of her husband to an extent substantially greater than what requires its contribution to the maintenance of the family, he is entitled to fair compensation.
The same applies when a husband, by his income or his fortune, contributed to the maintenance of the family to a significantly greater extent what he was.
A spouse may not raise these claims when he provided his extraordinary contribution under a contract of labour, ready or company or by virtue of another legal report.

S. 166 f. Representation of the conjugal union F. Representation of the conjugal union each spouse represents the conjugal union for the common needs of the family during the common life.
Beyond the current needs of the family, a spouse represents the conjugal union that: 1. when it has been authorized by his spouse or by the judge; 2. When the case does not suffer any delay and the spouse is prevented by illness, absence or other similar causes to give consent.

Each spouse is personally obligated by his actions and it requires severally spouse as it does not exceed its powers in a recognizable manner to third parties.

S. 167 G. Profession and company from the spouses G. Profession and company from the spouses in the choice of his profession or business, and in the exercise of these activities, each spouse has regard to the person of his or her spouse and the interests of the conjugal union.

S. 168 H. legal acts of the spouses / I. In general h. legal acts of the spouses I. Generally each spouse may, unless otherwise legal, make all legal acts with her spouse and with third parties.

S. 169 h. legal acts of the spouses / II. Housing of the II family. Family housing a spouse may not, without the express consent of her spouse, terminate the lease, dispose of the home or the family's apartment or restrict by other legal acts which depends on family housing.
If it is not possible to collect this consent or denied without legitimate reason, the interested spouse may appeal to the judge.

S. 170 j. duty to inform J. duty to inform each spouse may request his or her spouse that it provides information on their income, assets and debts.
The judge may require the spouse of the applicant or third parties to provide useful information and produce the necessary parts.
Is only the professional secrecy of lawyers, notaries, doctors, clerics and auxiliaries.

S. 171 K. Protection of the conjugal union / I. consultation Offices K. Protection of conjugal union I. consultation Offices the cantons ensure that spouses can in the difficulties of their lives of husband speak, together or separately, to spousal or family consultation offices.

S. 172 k. conjugal union Protection / II. Judicial measures / 1. In general II. Judicial measures 1. In general where a spouse fails to fulfil his duties of family or spouses are in disagreement on an important matter for the conjugal union, they, together or separately may, require the intervention of the judge.
The judge reminded homework spouses and tries to reconcile them; It may require the assistance of qualified persons with their consent, or advise them to apply to a consultation spousal or family office.
If necessary, judge takes, at the request of a spouse, the measures provided for by law. The provision relating to the protection of the personality in the event of violence, threats, or harassment shall apply by analogy.

Sentence introduced by chapter I of the Federal law of June 23, 2006 (Protection of the personality in the event of violence, threats, or harassment), in force since 1 Jul. 2007 (2007 137 RO; FF 2005 6437 6461).

S. 173 k. conjugal union Protection / II. Judicial measures / 2. During the common life / a. pecuniary Contributions 2. Lifetime common a. monetary Contributions at the request of a spouse, the judge fixed monetary contributions for the maintenance of the family.
Similarly, at the request of one of the spouses, the judge fixed the amount owed to one of them who dedicated his household or child care or who helps her husband in his profession or business.
These benefits may be claimed for the future and for the year preceding the filing of the application.

S. 174 K. Protection of the conjugal union / II. Judicial measures / 2. During the common life / b. withdrawal of authority to represent the union domestic b. withdrawal of authority to represent the conjugal union when a spouse exceed his right to represent the conjugal union or is unable to exercise it, the judge may, at the request of her husband, withdraw all or part of its powers.
The applicant cannot wear this withdrawal to the knowledge of third parties by individual opinion.
The withdrawal of authority is enforceable against third parties in good faith only after having been published on the order of the judge.

S. 175 k. conjugal union Protection / II. Judicial measures / 3. In the event of suspension of common life / a. Causes 3. In the event of suspension of common life Causes a husband is justified in refusing the common life as long as his personality, his physical security or the good of the family are seriously threatened.

S. 176 k. conjugal union Protection / II. Judicial measures / 3. In the event of suspension of common life / b. separate life organization b. Organization of separate life has the request of one of the spouses and if the suspension of common life is based, the judge: 1 fixed the cash contribution to be paid by one party to the other; 2. take measures with regard to housing and furniture household; 3. ordered the separation of property if warranted.

The request may also be filed by a spouse when cohabitation proves impossible, particularly because his or her spouse refuses without being based.

When there are minor children, the judge orders the necessary measures according to the provisions on the effects of filiation.

S. 177 k. conjugal union Protection / II. Judicial measures / 4. Notice to debtors 4. Notice to debtors when a spouse does not comply with its duty of care, the judge may prescribe this husband debtors to operate all or part of their payments into the hands of her spouse.

S. 178 K. Protection of the conjugal union / II. Judicial measures / 5. Restrictions of the right to dispose 5. Restrictions of the right to dispose to the extent necessary to ensure the material conditions of the family or the execution of pecuniary obligations arising from marriage, the judge may, at the request of one of the spouses, restrict the power of the other to dispose of some of its assets without the consent of his or her spouse.
The judge ordered the appropriate security measures.
When the judge prohibited a husband to have a building, it makes the notation in the land register.

S. 179 k. conjugal union Protection / II. Judicial measures / 6. New developments 6. Made new A the request of a spouse, the judge ordered the changes ordered by the recent developments and throws the measures taken when the causes that have determined no longer exist. The provisions relating to the modification of the parental rights and duties in the event of divorce shall apply by analogy.
When the spouses resume cohabitation, the measures ordered to separate life are deciduous, with the exception of the separation of property and child protection measures.

New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 180 repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

Sixth title: the matrimonial property regime chapter I: provisions general article 181 ordinary a. Régime A. ordinary Regime the spouses are placed under the regime of participation in acquired assets, unless they have adopted another plan by marriage contract or they are submitted to the extraordinary matrimonial regime.

S. 182 B marriage contract / I. choice of plan B. marriage contract I. choice of the marriage contract regime can be passed before or after the celebration of marriage.
The parties may adopt a regime, revoke it or modify only within the limits of the law.

S. 183 B marriage contract / II. Capacity of parties II. Capacity of parties capable people of discernment can only conclude a marriage contract.
Minors and persons whose curatorship extends to the conclusion of a marriage contract must be authorized by their representative legal.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 184 B marriage contract / III. Form of the contract of marriage III. Form of the contract of marriage the marriage contract is received in the authentic form and it is signed by the parties and, where appropriate, by the legal representative.

S. 185 C special diet / I. At the request of a spouse / 1. Judgment C. plan extraordinary I. At the request of a spouse 1. Judgment at the request of a spouse based on proper reasons, the judge pronounced the separation of property.
There are particular fair grounds: 1. when the spouse is insolvent or its share in common property was seized; 2. When the spouse is endangering the interests of the applicant, or those of the community; 3. When the spouse unduly refuses to give the consent required by an act of provision on properties common; 4. When the spouse refuses to inform the applicant on its property, revenues, or debts or on the State of the property common; 5. When the spouse is incapable of discernment in a sustainable manner.

When a husband is incapable of discernment in a sustainable manner, his legal representative may request that the separation of property may also be pronounced for this reason.

S. 186 c. special system / I. At the request of a spouse / 2. …

2....

Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 187 C special diet / I. At the request of a spouse / 3. Discharge 3. Revocation by marriage contract, spouses may at any time adopt again their prior plan or agree to another plan.
When the reasons which justified the separation of goods have disappeared, the judge may, at the request of a spouse, prescribe the restoration of the previous regime.

S. 188 C special diet / II. When running forced / 1. Bankruptcy II. When running forced 1. Bankruptcy spouses living under a regime of community are right under the regime of separation of property as soon as one of them is declared bankrupt.

S. 189 C special diet / II. When running forced / 2. Seizure / a. judgment 2. Entry a. judgment when a spouse living under a regime of community and its share is asked for its own debt, the surveillance of the prosecution authority may require the judge to order the separation of property.

S. 190 C special regime / II. When running forced / 2. Seizure / b. application b. application the application is directed against both spouses.


New content according to Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).
Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 191 C special regime / II. When running forced / 3. Discharge 3. Revocation the debtor satisfied creditors, the judge may, at the request of a spouse, prescribe the recovery of the Community regime.
By contract of marriage, the spouses may adopt the regime of participation in acquired assets.

S. 192 C special regime / III. Liquidation of the previous regime III. Liquidation of the previous regime the spouses shall carry out liquidation due to the separation of property in accordance with the rules of their previous regime, unless legal provisions contrary.

S. 193 D. Protection of creditors D. Protection of creditors the adoption or amendment of a matrimonial regime as well as winding-up between spouses may evade the action of creditors of a spouse or the community property on which they could exercise their rights.
The husband that these goods have passed is personally liable to pay creditors said, but it can free itself from its responsibility insofar as it establishes that the goods received are not sufficient.

S. 194TH....

E....

Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 195 f. Administration of the property of one spouse by the other F. Administration of the property of one spouse by the other when a husband says expressly or tacitly administration of his property to his spouse, the mandate rules are applicable, unless otherwise agreed.
The provisions on the settlement of debts between spouses are reserved.

S. 195 G. inventory G. inventory each spouse may request at any time to his spouse to contribute to the preparation of an inventory of their property by deed.
The accuracy of this inventory is presumed when drew within one year from the day where the goods are entered into a mass.

Chapter II: of the ordinary regime of participation in acquired assets art. 196. Propriété / I. Composition A. property I. Composition the regime of participation in acquired assets consists of acquisitions and own property of each spouse.

S. 197. property / II. Acquests II. Acquests are acquests property acquired by a spouse for consideration during the regime.
The acquired assets of a spouse include: 1. the product of his work; 2. the sums paid by institutions of welfare for staff or by institutions of insurance or welfare social; 3. damages due at the rate of incapacity for work; 4. the income from possessions own; 5. property acquired in reuse of its acquisitions.

S. 198. A property / III. Assets / 1. Legal III. Assets 1. Legal are own by law: 1. the effects of a spouse exclusively used for his personal; 2. the property owned by him at the beginning of the regime or which accrues to him then by succession or any other gratuitous; 3. claims for compensation for a wrong moral; 4. property acquired in reinvestment of the assets.

S. 199. A property / III. Assets / 2. Conventional 2. Conventional by marriage contract, the spouses may agree that goods of acquests assigned to the exercise of a profession or the operation of a business are part of the assets.
The spouses may also agree by marriage contract revenues of own assets will form not acquests.

S. 200. A property / IV. Evidence IV. Evidence anyone who alleges that property belongs to one or the other spouse is required to establish proof.
Absence of this evidence, the property is presumed condominium owned by both spouses.
Any property of a spouse is presumed asserting, unless evidence to the contrary.

S. 201B administration, enjoyment and disposal B. Administration, enjoyment and disposition each spouse has the administration, enjoyment and disposition of its acquisitions and its own property, within the limits of the law.

When a property is owned condominium the couple, none of them cannot, unless agreed otherwise, dispose of its share without the consent of the other.

S. 202 C third v. debts to third parties debts each spouse responsible for debts over all his possessions.

S. 203 D. debts D. debts spousal spousal plan has no effect on the payment of debts between the spouses.
However, when the settlement of a debt or the return of something facing serious difficulties which jeopardize the conjugal union debtor spouse, it may seek payment, load times to provide security if the circumstances warrant.

S. 204 E. Dissolution and liquidation of the regime / I. timing of the dissolution E. Dissolution and liquidation of the regime I. time of dissolution the regime is dissolved on the day of the death of a spouse, or on the day of contract adopting another scheme.
If there is a divorce, legal separation, nullity of marriage or judicial separation of property, the dissolution of the regime is retroactive to the day of the request.

S. 205 E. Dissolution and liquidation of the regime / II. Times of goods and debt settlement / 1. In general II. Times of goods and settlement of debts 1. Generally each spouse takes over those of its assets which are in possession of his or her spouse.
When a property is condominium, a spouse may claim, in addition to the other measures provided for by law, that this property it is allocated entirely if it justifies an overriding interest, dependants of losing her husband.
Spouses resolve their mutual debts.

S. 206 E. Dissolution and liquidation of the regime / II. Times of goods and debt settlement / 2. Share the added value of 2. Share the added value when a spouse has contributed without corresponding consideration to the acquisition, improvement or conservation of property of his spouse who are liquidation with a capital gain, its debt is proportional to its contribution and it is calculated on the current value of the property; in the event of loss, it may in any case claim the amount of its investments.
If one of the property in question has been alienated earlier, the debt is payable immediately and it is calculated on the value of the property at the time of alienation.
By written agreement, the spouses may widen or change the share in the added value of a property.

S. 207 E. Dissolution and liquidation of the regime / III. Determination of the income of each spouse / 1. Dissociation of acquests and own property III. Determination of the income of each spouse 1. Dissociation of acquired assets and assets acquired assets and the assets of each spouse are disjoint in their composition on the day of the dissolution of the regime.
Capital paid to a spouse by an institution of foresight or at the rate of loss of ability to work is counted in the assets to the extent of the capitalized value of the pension that had belonged to the spouses to the dissolution of the regime.

S. 208 E. Dissolution and liquidation of the regime / III. Determination of the income of each spouse / 2. Meetings of 2 acquisitions. Meetings of acquisitions met of acquisitions, value: 1. goods which belonged and disposed of by the spouse by gifts inter vivos without the consent of his or her spouse in the five years prior to the dissolution of the regime, with the exception of the use presents; 2. the dispositions of property of acquests that a spouse has made during the regime with the intention of compromising the participation of his or her spouse.



Repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 209 E. Dissolution and liquidation of the regime / III. Determination of the income of each spouse / 3. Rewards between acquisitions and own property 3. Rewards between acquisitions and own property There are place to reward, wind-up, between acquired assets and the assets of a spouse when a debt on one of the masses was paid money from the other.
A debt strike mass with which it is related of connectedness, or in doubt, acquired assets.
When a mass has contributed to the acquisition, improvement or conservation of property belonging to the other mass, the reward for capital gain or capital loss, is proportional to the contribution provided and it is calculated on the value of these assets to the winding-up or at the time of its disposition.

S. 210 E. Dissolution and liquidation of the regime / III. Determination of the income of each spouse / 4. Benefit 4. Benefit of acquired assets of each spouse, meetings and included awards, are deduced all the debts incurred to release earnings.
It is not considered a deficit.

S. 211 E. Dissolution and liquidation of the regime / IV. Estimate / 1. Dollar value IV. Estimate value 1. Dollar value was the liquidation of the matrimonial property regime, goods are estimated at their market value.

S. 212 E. Dissolution and liquidation of the regime / IV. Estimate / 2. Yield value / has. In general 2. Yield value has. In general when the agricultural business owner spouse continues to exploit personally or the surviving spouse or a descendant is entitled to require that it be accorded him fully, share the added value and the claim of participation shall be calculated on the basis of the value of performance.
When the agricultural business owner spouse, or his heirs, can in turn claim the spouse a share the added value or a contribution to the benefit, the claim may not focus on what should have been if the company had been estimated at its market value.
The law of succession on estimates and on the share of the co-heirs to the gain shall apply by analogy.

S. 213 E. Dissolution and liquidation of the regime / IV. Estimate / 2. Yield value / b. circumstances specific b. circumstances the value of attribution can be fairly increased due to circumstances.
These circumstances include maintenance needs of the surviving spouse, the acquisition price of the farm business, including investment, or the financial situation of the spouse to which it belongs.

S. 214 E. Dissolution and liquidation of the regime / IV. Estimate / 3. Time of the estimated 3. The estimate time of acquests existing dissolution are estimated their value at the time of the liquidation.
Assets subject to meeting are estimated at their value on the day of their alienation.

S. 215 E. Dissolution and liquidation of the regime / V. Participation in profit / 1. V. legal, Participation in entitlement 1. Legal each spouse or his estate is entitled to the benefit of the other half.
The debts are cleared.

S. 216 E. Dissolution and liquidation of the regime / V. Participation in profit / 2. Conventional / has. In general 2. Conventional has. Generally by marriage contract, the spouses may agree to other participation in the profit.
These conventions may adversely affect reserve non-common children and their descendants.

S. 217 E. Dissolution and liquidation of the regime / V. Participation in profit / 2. Conventional / b. In the event of divorce, judicial separation, nullity of marriage or judicial separation of property b. Divorce, legal separation, of nullity of marriage or judicial separation of property in case of dissolution of the regime for cause of divorce, of separation, of nullity of marriage or judicial separation of property, clauses that modify legal participation in the benefit applies, unless the marriage contract provides expressly the contrary.

S. 218 E. Dissolution and liquidation of the regime / VI. Settlement of claim of participation and of the share in the added value / 1. VI payment suspension. Settlement of claim of participation and of the added value of 1 share. Relief payment when the immediate settlement of the claim for participation and share in the added value exposes the debtor spouse in serious difficulties, it may seek payment deadlines.
Unless otherwise agreed, it must interest upon the completion of the liquidation and may be required to provide security if the circumstances warrant.

S. 219 E. Dissolution and liquidation of the regime / VI. Settlement of claim of participation and of the share in the added value / 2. Housing and household furniture 2. Housing and furniture of household to maintain their standard of living, the surviving spouse may request that a right of usufruct or dwelling on the House or the marital apartment occupied by spouses and that belonged to the deceased was attributed by posting on its claim of participation; the contrary provisions of the marriage contract are reserved.
Under the same conditions, it may request the allocation of property household furniture.
At the request of the surviving spouse or other legal heirs, the surviving spouse may, if the circumstances warrant, be given in place of the usufruct or the right to housing, the property of the House or apartment.
The surviving spouse cannot enforce these rights on the premises in which the deceased was exercising a profession or carrying on a business if they are necessary for a descendant to continue this activity. the peasant estate law are reserved.

S. 220 E. Dissolution and liquidation of the regime / VI. Settlement of claim of participation and of the share in the added value / 3. Action against third-party 3. Action against third parties

If the property belonging to the debtor spouse or estate wind-up does not cover the claim of participation, the creditor spouse or heirs can search for overdraft third parties who have been subject to meeting disposals.
The action turns off after one year from the day where the creditor spouse or heirs have known the lesion and, in all cases, after ten years from the dissolution of the regime.
For the remainder, the provisions on the estate action reduction shall apply by analogy.

New content according to Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

Chapter III: Community of property art. 221. Propriété / I. Composition A. property I. Composition the regime of community of property consists of common property and the assets of each spouse.

S. 222. A property / II. Common goods / 1. Universal community II. Common goods 1. Universal community the universal consists of all property and income of the spouses who are not property own by law.
The Community belongs jointly to both spouses.
None of them can have its share in common property.

S. 223. A property / II. Common goods / 2. Reduced communities / a. community of acquests 2. Reduced communities community of acquests by marriage contract, the spouses may agree that the community will be reduced of acquisitions.
Income from own property enter the Commons.

S. 224. A property / II. Common goods / 2. Reduced communities / b. other communities b. other communities by marriage contract, the spouses may agree to exclude from the community certain goods or species of property, including buildings, the work product of a spouse or property used for the exercise of his profession or the operation of its undertaking.
Unless agreed otherwise, revenues for these goods do not enter the community.

S. 225. A property / III. Assets III. Own property own assets are formed by marriage contract, by donations from third parties or by the effect of the Act.
The assets of each spouse include legally effects exclusively earmarked for his personal use, as well as its claims for compensation for moral harm.
The reserved portion of a spouse can be incorporated in assets by parents if, according to the marriage contract, it must enter the Commons.

S. 226. property / IV. Evidence IV. Any good evidence is presumed to be common if it is proved that it is clean of one or the other spouse.

S. 227 B management and provision / I. common goods / 1. Ordinary administration B. Management and disposition I. goods common 1. Ordinary administration spouses manage common property in the interests of the conjugal union.
Within the limits of the ordinary administration, each spouse can engage the community and dispose of common property.

S. 228 B management and provision / I. common goods / 2. Special Administration 2. Special Administration beyond the ordinary administration, the spouses cannot bind the community and dispose of common property jointly or with the consent of the other.
This consent is presumed for the benefit of third parties, unless they know or should know that it was not given.
The provisions on the representation of the conjugal union are reserved.

S. 229 B management and provision / I. common goods / 3. Profession or joint venture 3. Profession or joint venture where a, with the consent of his spouse, and through the Commons, exerts only a profession or carries only a business, it can perform all acts falling within the exercise of these activities.

S. 230 B management and provision / I. common goods / 4. Renunciation and acquisition of estates 4. Renunciation and acquisition of estates a spouse may not, without the consent of the other spouse, repudiate a succession that would be common property or accept an insolvent estate.
If it is not possible to collect this consent or denied without legitimate reason, the husband may appeal to the judge.

New content according to ch. II 3 of Schedule 1 to the CPC from 19 Dec. 2008, in force since 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 231 B management and provision / I. common goods / 5. Responsibility and management 5. Responsibility and management fees the spouse who makes acts of management for the community liable towards her the responsibility of a representative for the dissolution of the regime.
Management fees are included in the Commons.

S. 232 B management and provision / II. Assets II. Assets each spouse has the administration and disposal of its assets within the limits of the law.
If revenues come in the assets, the management of these costs are own property.

S. 233 C debts to third parties / I. General debts v. General third I. debts debts each spouse responds on its own property and common property: 1 debt obligations within the limits of its power to represent the conjugal union and administer the property common; 2. debts made in the exercise of a profession or the operation of a business if these activities are carried out using common property, or if their incomes fall into these goods; 3. debts also personally requiring the spouse; 4. the debts to which the spouses are agreed with a third party that the debtor will also meet on common property.

S. 234 C debts to third parties / II. Own liabilities II. Own debts for all other debts each spouse replied that on its own property and half of the value of the Commons.
The action based on the enrichment of the community is reserved.

S. 235 D. debts D. debts spousal spousal plan has no effect on the payment of debts between the spouses.
However, when the settlement of a debt or the return of something facing serious difficulties which jeopardize the conjugal union debtor spouse, it may seek payment, load times to provide security if the circumstances warrant.

S. 236 E. Dissolution and liquidation of the regime / I. timing of the dissolution E. Dissolution and liquidation of the regime I. time of dissolution the regime is dissolved on the day of the death of a spouse, on the day of contract adopting another scheme or on the day of the declaration of bankruptcy of a spouse.
If there is a divorce, legal separation, nullity of marriage or judicial separation of property, the dissolution of the regime is retroactive to the day of the request.
The composition of common property and own property was arrested on the day of the dissolution.

S. 237 E. Dissolution and liquidation of the regime / II. Allocation to own assets II. Allocation to own property the capital paid to a spouse by an institution of foresight or at the rate of loss of ability to work and who entered the Commons is counted in the assets to the extent of the capitalized value of the pension that had belonged to the spouses to the dissolution of the regime.

S. 238 E. Dissolution and liquidation of the regime / III. Rewards between common property and assets III. Rewards between common and own property There are place to reward, wind-up, between common property and the assets of each spouse when a debt on one of the masses was paid money from the other.
A debt strike mass with which it is related of connectedness, or in doubt, common property.

S. 239 E. Dissolution and liquidation of the regime / IV. Share the added value of IV. Share the added value when assets of a spouse or common goods contributed to the acquisition, improvement or preservation of property belonging to another mass, the provisions of the plan relating to the case of value added acquisitions, valuation shall apply by analogy.

S. 240 E. Dissolution and liquidation of the regime / V. estimate V. estimate value the Commons at the dissolution are estimated their value at the time of liquidation.

S. 241 E. Dissolution and liquidation of the regime / VI. Sharing / 1. In the event of death or adoption of another plan VI. Sharing 1. In case of death or adoption of another plan when the community of goods ends by the death of a spouse or the adoption of another plan, it divides equally between the spouses or their heirs.
By marriage contract the spouses may agree to one share other than by half.
These conventions can detract from the reserve of the descendants.

S. 242 E. Dissolution and liquidation of the regime / VI. Sharing / 2. In the other 2 cases. In other cases in the event of divorce, legal separation, annulment of marriage or separation of property legal or judicial, each spouse resumed the common goods that have formed its own property under the participation of acquisitions.
The remaining Commons are shared equally between the spouses.
Clauses that modify the legal sharing do not apply unless the marriage contract provides expressly the contrary.

S. 243 E. Dissolution and liquidation of the regime / VII. Mode and how to share / 1. Own goods VII. Mode and how to share 1. Own property when the community of property shall be terminated by the death of a spouse, the surviving spouse may request that property that had been its own property under the participation in acquired assets are attributed to him by posting on his part.


S. 244 E. Dissolution and liquidation of the regime / VII. Mode and how to share / 2. Housing and household furniture 2. Housing and household furniture when the House or apartment that occupied the spouses, or household furniture, were included in the Commons, the surviving spouse may request that the ownership of these goods is attributed in posting on his part.
At the request of the surviving spouse or other legal heirs of the deceased spouse, the surviving spouse may, if the circumstances warrant, be given in lieu of the property, a usufruct or a right to housing.
If the community of property is terminated otherwise than by the death, each spouse can form the same requests if it justifies an overriding interest in the assignment.

S. 245 E. Dissolution and liquidation of the regime / VII. Mode and how to share / 3. Other goods 3. Other assets each spouse can also request that other common assets should be allocated in posting on his part, if there is an overriding interest.

S. 246 E. Dissolution and liquidation of the regime / VII. Mode and how to share / 4. Other rules for sharing 4. Other rules of sharing for the remainder, the provisions on the sharing of the condominium and the mode and the estate sharing procedure shall apply by analogy.

Chapter IV: The separation of property art. 247. Administration, enjoyment and disposition / I. In general a. Administration, enjoyment and disposal I. Generally each spouse has the administration, enjoyment and disposition of property, within the limits of the law.

S. 248. Administration, enjoyment and disposition / II. Evidence II. Evidence anyone who alleges that property belongs to one or the other spouse is required to establish proof.
Absence of this evidence, the property is presumed condominium owned by both spouses.

S. 249 B third B. debts to third parties debts each spouse responsible for debts over all his possessions.

S. 250 C debts between husband v. debts between spouses the regime has no effect on the payment of debts between the spouses.
However, when the settlement of a debt or the return of something facing serious difficulties which jeopardize the conjugal union debtor spouse, it may seek payment, load times to provide security if the circumstances warrant.

S. 251 D. allocation of property in co-ownership D. allocation of condominium property when property is condominium, a spouse may, at the dissolution of the regime, ask, in addition to the other measures provided for by law, that this property be assigned entirely if it justifies an overriding interest, dependants of losing her husband.

Second part: parents seventh title: for the establishment of filiation chapter I: provisions general article 252 A establishment of filiation in general a. establishment of filiation in general against the mother, filiation results from birth.
With respect to the father, it is established by his marriage with the mother, by recognition or by judgment.
Filiation results further the adoption.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 253 B....

B....

Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 254 repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

Chapter II: The paternity of her husband art. 255 A presumption A. presumption the child born during marriage is to father the husband.
In the event of death of the husband, it is deemed to be the father if the child is born either in the three hundred days following the death, after three hundred days proved that it was designed before the death of the husband.
If the husband is declared absent, it is deemed to be the father of the child born within three hundred days following the danger of death or the latest news.

New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 256 B disavowal / I. standi B. disavowal I. quality to act the presumption of paternity may be challenged before the Court: 1. by the husband; 2. by the child, if the common life of the spouses ended during his minority.

The action of the husband is brought against the child and the mother, the child against the husband and mother.
The husband cannot bring an action if he agreed to the design by a third party. The Federal Act of 18 December 1998 on medically assisted procreation is reserved with regard to an action for disavowal of the child new content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
RS 810.11 new content according to art. 39 of the Federal law of 18 Dec. 1998 on medically assisted procreation, in force since 1 Jan. 2001 (RO 2000 3055; FF 1996 III 197).

S. 256aB. repudiation / II. Medium / 1. Child conceived during the marriage II. Medium 1. Child conceived during the marriage when the child was conceived during the marriage, the applicant must establish that the husband is not the father.
The child born one hundred eighty days after the celebration of marriage or three hundred days after its dissolution as a result of death is presumed to have been conceived during the marriage.

Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 256bB. repudiation / II. Medium / 2. Child conceived before marriage or during the suspension of life municipality 2. Child conceived before marriage or during the suspension of common life when the child was conceived before the celebration of the marriage or when design-time the common life was suspended, the applicant failed to prove another fact in support of the action.
However, in this case also, the paternity of the husband is presumed when it is rendered probable that he has lived with his wife at the time of design.

Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 256cB. repudiation / III. Period III. The husband must action no later than one year after he has experienced the birth and the fact that he is not the father or a third party has cohabited with the mother at the time of the design, but in any case in the five years since the birth.
The action of the child must be brought no later than one year after it has reached the age of majority.
The action may be brought after the expiration of the time when proper reasons make the excusable delay.

Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 257 c. presumptions conflict v. conflict of presumptions when a child is born in the three hundred days following the dissolution of the marriage as a result of death and that his mother contracted a new marriage, the second husband is deemed to be the father.
If this presumption is dismissed, the first husband is deemed to be the father.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 258. the father and mother d. Action of father and mother when her husband died or become incapable of discernment before the expiration of the time limit, the disclaimer action may be brought by his father or his mother.
On the repudiation by the husband shall apply by analogy.
The period of one year to bring the action begins to run at the earliest when the father or the mother learned the death or disability of discernment of the husband.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 259th. marriage of father and mother E. marriage of father and mother when the father and mother were married, the provisions concerning the child born during the marriage shall apply by analogy to children born before their marriage, once the paternity of the husband is established by recognition or a judgment.
Recognition may be contested: 1. by the mother; 2. by the child or, after his death, by his descendants, if the common life of the spouses ended during his minority or recognition took place after the age of 12 years or over; 3. by the municipality of origin or residence of the husband; 4. by the husband.

On the challenge of recognition shall apply by analogy.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

Chapter III: of the recognition and the judgment of paternity s. 260 A recognition / I. Conditions and forms. recognition I. Conditions and form when parentage relationship only with the mother, the father can recognize the child.
The consent of the legal representative is necessary if the author of the recognition is a minor or is under guardianship of general scope or if so decided by the authority for the protection of the adult.
Recognition occurs by declaration to the Registrar of civil status or by testament or, where an action for declaration of paternity is pending before the judge.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).


S. 260aA. recognition / II. Action in challenge / 1. Quality for Act II. Action in challenge 1. Standing recognition may be challenged in court by any interested, particularly by the mother, the child and, if he is dead, by his descendants, as well as by the commune of origin or the municipality of domicile of the author of the recognition.
The action is open to the author of recognition if he did believing that a serious and imminent danger threatened himself or one of his relatives, in his life, his health, his honour or possessions, or if it was in error about his paternity.
The action is brought against the author recognition and against the child when they do bring it themselves.

Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 260bA. recognition / II. Action in challenge / 2. Medium 2. Average the applicant must prove that the author of the recognition is not the father of the child.
However, the mother and child are to provide this evidence only if the author recognition makes it likely that he has cohabited with the mother at the time of design.

Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 260 cA. recognition / II. Action in challenge / 3. Time 3. Period the applicant must bring the action within a period of one year from the day where he learned that the recognition has taken place and that its author is not the father or that a third party has cohabited with the mother at the time of the design, or from the day where the error has been discovered or where the threat has been ruled out but in any case in the five years since the recognition.
In all cases, the action of the child can still be brought within one year after it has reached the age of majority.
The action may be brought after the expiration of the time when proper reasons make the excusable delay.

Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 261 B action paternity / I. standi B. Action paternity I. quality to act the mother and child can bring action for that filiation is established with respect to the.
The action is brought against the father or, if he died, his descendants or their failing, in order, against his father and mother, against his brothers and sisters or the competent authority of his last home.
When the father died, the judge informed wife that the action was instituted so that it can safeguard its interests.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 262 B action paternity / II. Presumption II. Presumption paternity is presumed when, between the three hundredth and hundred eightieth day before the birth of the child, the defendant has cohabited with the mother.
The paternity is also presumed when the child was designed before the three hundredth day or after the eightieth day before birth and that the defendant has cohabited with the mother at the time of design.
The presumption ceases when the defendant proves that his paternity is excluded or less likely than that of a third party.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 263 B action paternity / III. Period III. The action may be brought before or after the birth of the child, but at the latest: 1. by the mother, a year after birth; 2. by the child, a year after that he reached the age of majority.

If there is already a relationship of filiation with another man, in any case the action may be brought in the year following the dissolution of this report.
The action may be brought after the expiration of the time when proper reasons make the excusable delay.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

Chapter IV: the adoption article 264 A adoption of minors / I. General Conditions A. Adoption of minors I. General Conditions a child may be adopted if the prospective adoptive parents have provided education for at least a year and provided care and if the circumstances allow for the establishment of a parent-child relationship will be used for the good of the child without wearing an unfair infringement to the situation of other children of the adoptive parents.

New content according to Chapter 2 of the annex to the Federal law of 22 June 2001 on the roast. Hague adoption and measures for the protection of the child in the case of international adoption, in force since 1 Jan. 2003 (RO 2002 3988; FF 1999 5129).

S. 264aA. Adoption of minors / II. Joint adoption II. Joint adoption of the spouses may adopt only jointly. joint adoption is not permitted to other people.
Spouses must be 35 years of age or older or be married for five years.
A spouse may adopt the child of his spouse if he is married to the last five years.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).
New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 264bA. Adoption of minors / III. Adoption by a single person III. Adoption by a person only one unmarried can adopt only if it has 35 years of age.
A person married, aged 35 years of age, may adopt only when a joint adoption is not possible because the spouse became incapable of discernment in a sustainable manner, it is absent for more than two years without known residence or when the legal separation has been pronounced for more than three years.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 265. at adoption of minors / IV. Age and consent of the child IV. Age and consent of the child must be at least sixteen years younger than the adoptive parents.
Adoption may take place only by the consent of the child if the latter is capable of discernment.
When the child is under guardianship, the authority for the protection of the child must consent to the adoption, even if it is capable of discernment.

New content according to chapter I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 265aA. Adoption of minors / V. parental consent / 1. Form V. 1 parental consent. Form the adoption requires the consent of the father and the mother of the child.
Consent is declared, in writing or orally, to the authority for the protection of the child from home or the place of residence of the parents or the child and it must be recorded in the minutes.
It is worthwhile, even if it does not name the prospective adoptive parents or if they are not designated.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 265bA. Adoption of minors / V. parental consent / 2. Time 2. When consent cannot be given before six weeks from the birth of the child.
It can be revoked within six weeks following its receipt.
If it is renewed after having been revoked, it is final.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 265 cA. Adoption of minors / V. parental consent / 3. Provision of consent / a. Conditions 3. Provision of consent a. Conditions it can be disregarded the consent of one parent, 1. When it is unknown, absent for a long time without known residence or incapable of discernment of how sustainable; 2. When he did not care seriously of the child.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 265dA. Adoption of minors / V. parental consent / 3. Provision of consent / b. Decision b. Decision when the child is placed for future adoption, the consent of one of the parents is lacking the protection of the child from the child's home authority decides, at the request of an agency or adoptive parents and generally before the beginning of the placement, if it can make abstraction of that consent.
In other cases, it is at the time that a decision will be taken in this regard.
Where abstraction is made the consent of one parent, because he did not care seriously of the child, the decision must be communicated to him in writing.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 266 B adoption of major B. Adoption of major in the absence of descendants, a person may be adopted: 1. where she suffers from a physical or mental disability requiring permanent assistance and that adoptive parents provided care for at least five years; 2. When, during his minority, the adoptive parents provided him care and have provided education for at least five years; 3. When there are other proper reasons and she has lived for at least five years in domestic community with the adoptive parents.

A spouse may not be adopted without the consent of her spouse.
Moreover, the provisions on the adoption of minors shall apply by analogy.

New content according to chapter I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 267 c. effects / I. In general v. effects I. In general the child acquires the legal status of a child of its adoptive parents.
Previous filiation ties are severed, except in respect of the spouse of the adoptive parent.
A new name can be given to the child when adopted.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 267aC. effects / II. Freedom of the city II. Right of city the minor child acquires, in lieu of the cantonal and communal city right earlier, that of the adoptive parent whose name it bears.
When a person adopts the minor child of his spouse, the child acquires the right of city cantonal and communal of the parent whose name it bears.

Introduced by c. I 1 of the Federal law of June 30, 1972 (RO 1972 2873; FF 1971 I 1222). New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 268. Procedure / I. In general D. Procedure I. In general the adoption is made by the cantonal authority of residence of the adoptive parents.
When a petition is filed, death or inability of discernment of the adopter does not prevent the adoption, if the fulfilment of the other conditions is not compromised.
When the child becomes major after the filing of the application, on the adoption of minors shall continue to apply if the conditions were implemented previously.

New content according to chapter I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 268aD. Procedure / II. Survey II. Investigation the adoption cannot be made until an investigation into all the circumstances essential has been made, if necessary with the assistance of experts.
The investigation must include the personality and health of the adoptive parents and the child on their mutual convenience, the suitability of the adoptive parents to educate their children, their economic situation, their motives and their family, as well as conditions on the evolution of the feeder link.
When prospective adoptive parents have descendants, their opinion should be taken into account.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 268bD. secrecy of adoption D. secrecy of adoption the adoptive parents identity will be revealed to the child's parents with their consent.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).
Formerly c. III.

S. 268cD. Information on the identity of biological parents D. Information on the identity of biological parents from 18 years of age, the child can obtain data on the identity of biological parents; It has the right to obtain these data before the age of 18 when it can assert a legitimate interest.
Before communicating to the child the requested data, the authority or the Agency which holds shall inform the biological parents wherever possible. If they refuse to meet the child, it must be notified and must be informed of the rights of the biological parents.
The cantons shall designate an appropriate office that advises the child, at its request.

Introduced by Chapter 2 of the annex to the Federal law of 22 June 2001 on the roast. Hague adoption and measures for the protection of the child in the case of international adoption, in force since 1 Jan. 2003 (RO 2002 3988; FF 1999 5129).

S. 269th. Action for annulment / I. reasons / 1. Lack of consent E. Action for annulment I. reasons 1. Lack of consent when, without legal justification, consent was not sought, persons entitled to give it can attack the adoption before the judge, if the good of the child is not seriously compromised.
This right is however not for parents if they can have recourse to the federal court against the decision.

New content according to chapter I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 269aE. Action for annulment / I. reasons / 2. Other defects 2. Other defects where the adoption is tainted with other vices, a character grave, any interested person, including the municipality of origin or domicile, can attack it.
The action is however excluded if the vice has in the meantime been discarded or if it only concerns procedure requirements.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 269bE. Action for annulment / II. Period II. Time the action must be brought within six months from the day where the ground in was discovered and, in all cases, in the two years since the adoption.

Introduced by c. I 1 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 269cF. intermediary activity for adoption F. intermediary for adoption the Confederation activity monitor on the activity of intermediary with a view to adoption.
One who carries the intermediary activity on a professional basis or in connection with his profession is subject to authorisation; the investment by the child protection authority is reserved.
The federal Council enacts implementing provisions; In addition, it regulates with regard to the conditions of authorization and monitoring, collaboration with the cantonal authorities responsible for placement of children for adoption.


Introduced by c. I 1 of the Federal law of June 30, 1972 (RO 1972 2873; FF 1971 I 1222). New content according to Chapter 2 of the annex to the Federal law of 22 June 2001 on the roast. Hague adoption and measures for the protection of the child in the case of international adoption, in force since 1 Jan. 2003 (RO 2002 3988; FF 1999 5129).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
Repealed by chapter 15 of the annex to the Federal law of 17 June 2005 on the TAF, with effect from 1 Jan. 2007 (2006 2197 RO; FF 2001 4000).

Eighth title: effects of filiation chapter I: of the community between the father and mother and children articles 270 A name / I. child of married parents A. name I. child of married parents the child of spouses who have different names acquires one of their two single names that they chose to give to their common children at the conclusion of the marriage.
However, parents may apply jointly, within one year after the birth of the first child, that the child takes the name of single of the other spouse.
The child of spouses who have a common family name acquired this name.

New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 270aA. name / II. A child whose mother is not married to the father II. Child whose mother is not married to the father when parental authority is exercised exclusively by one of the parents, the child acquires the name of single of it. When parental authority is exercised jointly, parents choose which of their two single names their children will wear.
When joint parental authority was established after the birth of the first child, parents may, within the period of one year from its institution, declare to the Registrar of civil status that the child bears the name of the other parent single. This statement applies to all children, regardless of the attribution of parental authority.
If neither parent exercises parental authority, the child acquires the name of single mother.
The allocation of parental rights changes have no effect on the name. The provisions relating to the name change are reserved.

Introduced by chapter I of the Federal law of 30 sept. 2011 (name and law cited;) 2012 2569 RO; FF 2009 6843 6851). New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 270bA. name / III. III child's consent. Consent of the child if the child is twelve years of age, it is more possible to change its name without his consent.

Introduced by chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 271 B right of city B. City law the child acquires the right to city cantonal and communal of the parent whose name it bears.
The minor child who takes the name of the other parent acquires in place of his right of city cantonal and communal prior to that parent.

New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 272. reciprocal duties v. reciprocal duties the father and mother and the child must mutually help, ways and respect demanded by the interests of the family.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 273D. personal relationships / I. father, mother and child / 1. Principle D. Relations personal I. father, mother and child 1. Principle

The father or mother who does not have parental authority or custody as well as the minor child each have the right to maintain personal relations indicated by the circumstances.
When the exercise or non-exercise of that right is detrimental to the child, or other reasons require it, child protection authority can recall the father and mother, the foster parents or the child to their duties and give them instructions.
The parent may require that its right to maintain personal relations with the child rule.

New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 274 d. personal relationships / I. father, mother and child / 2. Limits 2. Limits the father and the mother must ensure not to disturb the relationship of the child with the other parent and not to make education more difficult.
If personal relationships affect development of the child, if the mother and father who maintain violate their obligations, if they don't themselves are not worried about seriously child or if there are other proper reasons, the right to maintain these relationships be refused or withdrawn.
If the father and mother have consented to the adoption of their child, or it may be disregarded their consent, the right to a personal relationship ceases when the child is placed for adoption.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 274aD. personal relationships / II. Third II. Third in exceptional circumstances, the right to maintain personal relationships may also be granted to others, especially to the relatives, provided that this is in the interest of the child.
The limits of the law to relations of the father and mother shall apply by analogy.

Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 275D. personal relationships / III. For and jurisdiction III. Jurisdiction and for the protection of the child from the child's home authority is competent to take the necessary measures concerning personal relationships; the same jurisdiction belongs also to the authority for the protection of the child from the place of residence of the child if it took protective measures in its favour or that it is preparing to take.
J. statue on parental authority, custody and maintenance according to the provisions governing contribution divorce and the protection of the conjugal union also regulates personal relations.
If measures relating to the right of the father and the mother have not yet been taken, the personal relationship cannot be maintained against the will of the person who has parental authority or custody of the child entrusted.

New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 275aE. Information and information E. Information and information the father or mother who does not have parental authority will be informed of special events occurring in the life of the child and heard before important decisions for the development of it.
It can, as the holder of parental authority, information from third parties that participate in the support of the child, among his teachers or his doctor, on its State and its development.
The provisions limiting the right to personal relations with the child and the jurisdiction shall apply by analogy.

Introduced by c. I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

Chapter II: The obligation of maintenance of the father and mother art. 276. at object and extended A. purpose and scope the father and mother must provide for the maintenance of the child and assume, as a result, his upbringing, his training costs and measures to protect.
Maintenance is assured by the care and education or, when the child is not under the care of his father and mother, by monetary benefits.
The father and mother are untied of their maintenance obligation insofar as is expected of the child that it provided its maintenance by the product of his work or other resources.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 277 B term B. term maintenance of the father and mother lasts until the majority of the child.
If, in its majority, the child is not yet appropriate training, the father and mother are, to the extent where the circumstances allow it to require of them, provide for its maintenance until he has acquired such training, provided that it is completed within the normal time limits.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 1by LF of oct 7. 1994, in force since 1 Jan. 1996 (RO 1995 1126; FF 1993 I 1093).

S. 278 c. married Parents v. Parents married during the marriage, the father and mother support maintenance in accordance with the provisions of the law of marriage.
Each spouse is required to assist her husband in an appropriate manner in the performance of its duty of care towards children born before the marriage.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 279D. Action / I. standi D. Action I. quality to act the child can act against his father and mother, or both, in order to claim them for the future and maintenance for the year preceding the opening of the action.
and...

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).
Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 280 to 284. Action / II. and III...

II. and III...

Repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 285 d. Action / IV. Extent of the contribution of maintenance IV. Extent of the contribution of maintenance maintenance contribution must meet the needs of the child as well as the situation and resources of father and mother; account shall be taken of fortune and income of the child as well as the participation of the parent who does not have custody of the child in support of the latter.
Unless otherwise decided by the judge, children's allowance, social insurance income and other benefits intended for the maintenance of the child returning to the person liable to provide maintenance, must be paid in addition to the contribution of maintenance.
The social insurance pension or other benefits intended for the maintenance of the child, subsequently returning to the father or the mother because of their age or their disability and in replacement of income from an activity, must be paid to the child; the amount of the maintenance contribution until then is reduced Office accordingly.
The maintenance contribution must be paid in advance, at the times fixed by the judge.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
Introduced by c. I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 286D. Action / V. facts new V. facts the judge may order that the maintenance contribution is increased or decreased as soon as determined changes in the needs of the child, mother and father resources or the cost of living.
If the situation changes significantly, the judge modifies or removes the maintenance contribution at the request of the father, the mother or the child.
The judge may compel parents to pay a special contribution when unforeseen extraordinary needs of the child so require.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by c. I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 287E. Convention concerning the obligation of maintenance / I. periodic Contributions E. Convention on the obligation of maintenance I. periodic Contributions contributions from maintenance-related conventions do not oblige the child only after having been approved by the authority for the protection of the child.
Maintenance contributions laid down by convention can be modified unless such modification has been excluded with the approval of the authority for the protection of the child.
If the agreement is concluded in a judicial proceeding, the judge is responsible for approval.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 288th. Convention concerning the obligation of maintenance / II. Single compensation II. Allowance only if justified in the interest of the child, the parties may agree that maintenance will be performed by a single allowance.

The convention binds the child that: 1. when it has been approved by the authority for the protection of the child or, if it is concluded in a judicial proceeding by the judge 2. When the compensation was paid to the agency that they have designated.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 289F. payment / I. creditor F. payment I. creditor maintenance contributions are due to the child and are paid during his minority his legal representative, or the parent who takes custody.
The claim to maintenance contribution passes with all the rights attached to it to the public when it assumes the maintenance of the child.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 290F. payment / II. Execution / 1. Appropriate assistance II. Execution 1. Appropriate assistance when the father or the mother neglects his obligation to maintain, the child protection authority or another office appointed by cantonal law helps adequately and free the other parent requesting the performance of maintenance benefits.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 291F. payment / II. Execution / 2. Notice to debtors 2. Notice to debtors when the father and mother fail to take care of the child, the judge may prescribe to their debtors to operate all or part of their payments into the hands of the legal representative of the child.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 292F. payment / III. Security III. Security when the father and mother continue to neglect their obligation of maintenance or it has to admit that they were preparing to flee, squander their wealth or make it disappear, the judge may compel them to provide security for future maintenance contributions.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 293 g. public law G. public law public law determines, subject to the maintenance debt parents, that maintenance costs shall be borne when father or mother or the child can bear them.
Public law also regulates the payment of advances for the maintenance of the child when the father and mother do not meet their maintenance obligations.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 294 h. Foster Parents H. Foster Parents unless the contrary has been agreed or is clear from the circumstances, foster parents are entitled to an equitable remuneration.
Free is assumed when it comes to children of relatives or children for adoption.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 295J. rights of the mother not married J. rights of unmarried mother unmarried mother may apply to the father of the child or to his heirs, no later than in the year following the birth, to compensate him: 1 layers costs; 2. maintenance costs, at least for four weeks before and at least for eight weeks after birth; 3. other expenses caused by pregnancy and childbirth, including the first bunch of the child.

For reasons of fairness, the judge may allocate all or part of these benefits, even if the pregnancy has been terminated prematurely.
Insofar as the circumstances warrant, the third benefits to which mother is entitled under the Act or a contract are charged on these allowances.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to ch. II 3 of Schedule 1 to the CPC from 19 Dec. 2008, in force since 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

Chapter III: of the authority parental s. 296 A generally has. Generally the parental authority serves the good of the child.
The child is subjected, during his minority, parental authority joint of his father and mother.
Minor parents or curatorship of general scope do not have parental authority. It returned to the parents when they become major. When the curatorship of generality is thrown, the child protection authority decides on the attribution of parental authority according to the good of the child.

New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 297 A death of a parent. death of a relative in case of death of one of the holders of joint parental authority, parental authority rests with the survivor.
In the event of death of the parent who has the exclusive exercise of parental authority, child protection authority assign parental authority to the surviving parent or appointed guardian according to the good of the child.

New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 298 A divorce and other procedures matrimonial A. Divorce and other matrimonial proceedings proceedings for divorce or a procedure for the protection of the conjugal union, the judge says to one of the parents exclusive parental authority if the property of the child control.
When no agreement between the parents seems possible on this point, the judge may also be limited to rule on custody of the child as well as on personal relations or the involvement of each parent to its support.
It invites the authority for the protection of the child to appoint a guardian if neither of the two parents is able to assume the exercise of parental authority.

New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 298aA. recognition and judgment of paternity / I. Joint Declaration of the parents A. recognition and judgment of paternity I. Declaration common to parents if the mother is not married to the father and the father acknowledges the child, or if the parent-child relationship is discovered by court decision and that joint parental authority is not yet established at the time of the decision of justice parents get parental joint on the basis of a joint declaration.
Parents confirm in the joint statement: 1. what they are willing to jointly assume the responsibility of the child; 2. that they have agreed on custody of the child, on personal relationships or the involvement of each parent in its support, as well as on the contribution of maintenance.

Before filing their return, parents can seek advice from the child protection authority.
If the parents submit their declaration together with the recognition of the child, the declaration is received by the civil status officer. If the file later, it is received by the authority for the protection of the child's place of residence of the child.
Until submission of the declaration, the child is subject to the exclusive parental authority of the mother.

Introduced by c. I 4 of the Federal law of June 26, 1998 (RO 1999 1118; FF 1996 I 1). New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 298bA. recognition and judgment of paternity / II. Decision of the authority for the protection of the child II. Decision of the child protection authority when a parent refuses to file a joint declaration, the other parent may apply to the authority for the protection of the child's place of residence of the child.
The child protection authority establishes the parental authority joint unless the property of the child control that the mother stays only one holder of parental authority or that the latter is exclusively attributed to the father.
When deciding on the parental rights, the child protection authority also regulates other contentious points. The food is reserved.
If the mother is a minor or under guardianship of general scope, the child protection authority assign parental authority to the father or appoints a guardian according to the good of the child.

Introduced by chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 298 cA. recognition and judgment of paternity / III. Action paternity III. Paternity action when a judgment establishing paternity has been rendered, the judge pronounces joint parental authority unless the property of the child control that the mother stays only one holder of parental authority or that it be attributed exclusively to the father.

Introduced by chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 298dA. recognition and judgment of paternity / IV. Facts IV. Developments at the request of one of the parents of the child or office, the child protection authority modifies the attribution of parental authority when important new facts require it for the good of the child.
It can also be limited to decide on custody of the child, personal relations, or the involvement of each parent to its support.


Introduced by chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 299 A in-laws A. in-laws each spouse is required to assist spouse in an appropriate manner in the exercise of parental authority over the children of the other and to represent where the circumstances so require.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 300A parents foster A. Foster Parents when a child is placed in the care of others, thereof, subject to other measures, represent the father and mother in the exercise of parental authority in as long as this is indicated to enable them to perform properly their task.
Foster parents will be heard before any important decisions.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 301 B content / I. In general B. content I. In general the father and mother determine the care the child, direct his upbringing for his good and take the necessary decisions, subject to its own capacity.
The parent who is responsible for the child can take one: 1. decisions current or urgent; 2. other decisions, if the other parent can only be achieved through a reasonable effort.

The child should obedience to his father and mother, who give him the freedom to organize its life according to its degree of maturity and take into account as much as possible its opinion on important business.
The child cannot leave the community household without the consent of his father and mother; It can not them be removed without legitimate cause.
The mother and father choose the first name of the child.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 301aB. content / II. Determination of the place of residence II. Determination of the place of residence the parental authority includes the right to determine the place of residence of the child.
A parent jointly exercising parental authority may change the place of residence of the child with the consent of the other parent or decision of the judge or of the child protection authority in the following cases: a. the new location is found abroad; b. the move has important consequences for the exercise of parental rights by the other parent and for personal relationships.

A parental authority exercising single parent wishing to change the place of residence of the child shall inform in good time the other parent.
A parent who wants to edit his own place of residence has the same obligation to provide information.
If necessary, the parents agree, in respect for the good of the child, to adapt the regime of parental authority, custody, personal relationships and the maintenance contribution. If they cannot agree, the decision belongs to the judge or the authority for the protection of the child.

Introduced by chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 302b-content / III. Education III. Education the father and mother are required to raise the child according to their abilities and their means and they have the duty to promote and protect their physical, intellectual and moral development.
They must give to the child, in particular those suffering from physical or mental impairments General and vocational training appropriate, corresponding as far as possible to its tastes and abilities.
To this effect, they must collaborate appropriately with the school and, when circumstances so require, with public institutions and public usefulness of youth protection.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 303 B content / IV. Religious education IV. Religious education the father and mother have the religious education of the child.
Are null and void all agreements that constrain their freedom in this regard.
The child under 16 years of age has the right to choose himself his confession.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 304 B content / V. Representation / 1. Against third parties / has. In general V. Representation 1. With respect to third parties has. Generally the father and mother are, within the limits of their parental rights, the legal representatives of their children to third parties.
When the father and mother are all two holders of parental authority, the bona fide third party may presume that each parent acts with the consent of the other.
The father and mother cannot make guarantees nor create foundations or donations on behalf of the child, with the exception of the use presents.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).
New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 305b-content / V. Representation / 1. Against third parties / b. legal status of the child b. legal status of the child the child capable of discernment subject to parental authority may undertake by its own acts within the limits provided by the law of persons and exercise their strictly personal rights.
The child who obliges himself is held on its own property, without regard to the rights of administration and enjoyment of the father and mother.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 306 B content / V. Representation / 2. The family 2. For the family the child subject to parental authority may, if it is capable of discernment, acting for the family of the consent of his father and mother; in this case, it is not required itself, but it obliges his father and mother.
If the father and mother are incapable to act or, in one case, their interests collide with those of the child, the child protection authority appoints a curator or shall itself take the necessary measures.
The existence of a conflict of interest causes of right end of the powers of the father and mother for the case in question.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 307. the Child Protection / I. protective measures v. I. protective measures the authority of child protection Child Protection takes the necessary measures to protect the child if its development is threatened and that the father and mother do not of themselves clerk or are out of State to do so.
It is also held in the same circumstances with respect to children placed with relatives foster or living, in other cases, out of the family of their father and mother community.
It may, in particular, to recall the father and mother, the foster parents or the child to their duties, give directions or instructions to the care, education and training of the child, and designate a person or a skilled office which shall have a right of scrutiny and information.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 308 c. Child Protection / II. Curatorship II. Guardianship when the circumstances so require, the child protection authority appoints a trustee who assists the father and mother of his advice and support in the care of the child.
It can confer certain powers such as to represent the child to establish his paternity and to claim its food and other rights, as well as the monitoring of personal relationships to the trustee.
Parental authority may be limited accordingly.


New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 309 repealed by chapter I of the Federal law of June 21, 2013 (parental authority), with effect from 1 July. 2014 (2014 357 RO; FF 2011 8315).

S. 310 c. Child Protection / III. Withdrawal of the right to determine the place of residence III. Withdrawal of the right to determine the place of residence when it cannot be avoided otherwise the child's development is compromised, the child protection authority removes the child to the father and mother or third parties from whom it lies and placed appropriately.
At the request of the father and mother or the child, the child protection authority takes the same measures when relations between them are so severely affected that the maintenance of the child in the family community has become unbearable and that any forecast, other means would be ineffective.
When a child has long lived with foster parents, the child protection authority may prohibit the father and mother to take it back if there is a serious threat that its development is thus compromised.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 311 c. Child Protection / IV. Withdrawal of parental authority / 1. Office IV. Withdrawal of parental authority 1. Office if other child protection measures remained without result or appear at the outset inadequate child protection authority pronounced the withdrawal of parental authority: 1. where, because of inexperience, illness, infirmity, absence, violence or other reasons like, the father and mother are not able to properly exercise the authority parental; 2. When the father and mother do to are not worried about seriously child or they missed badly on their duty to him.

If the father and mother are deprived of parental authority, a guardian is appointed to the child.
When the contrary not expressly ordered, the effects of the withdrawal extend to children born after it was made.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 312 c. Child Protection / IV. Withdrawal of parental authority / 2. With the consent of the 2 parents. With the consent of the parents of the child protection authority pronounced the withdrawal of parental authority: 1. If the father and mother requested for proper reasons; 2. When they gave their consent to the future adoption of the child by third parties anonymous.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 313C. Child Protection / V. facts new V. developments in new developments, the measures taken to protect the child must be adapted to the new situation.
Parental authority may not be restored before one year after withdrawal.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 314 c. Child Protection / VI. Procedure / 1. In general VI. Procedure 1. In general the provisions of the procedure before the protection of the adult authority shall apply by analogy.
The child protection authority may, if it considers it useful, urge the parents of the child to attempt mediation.
Where the child protection authority introduces a curatorship, it shall state in the operative part of the decision tasks the trustee and possibly the limits to the exercise of parental authority.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 314aC. Child Protection / VI. Procedure / 2. Hearing of the child 2. Hearing of the child is heard personally, as appropriate, by the authority for the protection of the child or a third party which in has been loaded, unless his age or other fair grounds oppose.
Only the results of the hearing which are necessary to the decision are recorded in the minutes. Parents are informed.
The child capable of discernment may attack the refusal to be heard by way of appeal.

Introduced by chapter II of the LF of oct 6. 1978 (1980 31 RO; FF 1977 III 1). New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 314aC. Child Protection / VI. Procedure / 3. Representation of the child 3. Representation of the child the child protection authority shall, if necessary, the representation of the child and designates a custodian experienced assistance and in the legal field.
Considering whether it should establish a ward of the State, in particular when: 1. the proceeding concerns the placement of the child; 2. the persons concerned deposit different conclusions with respect to the attribution of parental authority or to important questions concerning personal relations with the child.

The trustee may make proposals and take legal action.

Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 314bC. Child Protection / VI. Procedure / 4. Placement in a closed institution or a psychiatric facility 4. Placement in a closed institution or a psychiatric facility where a child is placed in a closed institution or a psychiatric facility, the provisions of the protection of the adult on placement assistance purposes shall apply by analogy.
If the child is capable of discernment, he may himself appeal to the judge against the decision of placement.

Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 315 c. Child Protection / VII. For and competence / 1. In general VII. For and jurisdiction 1. In general child protection measures are ordered by the authority for the protection of the child from the child's home.
When the child lives with foster parents or otherwise, out of the community family of the father and mother, or when Péril en la demeure, the authorities of the place where the child are also competent.
When this authority require a measure of protection of the child, will notify the authority of the home.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 315aC. Child Protection / VII. For and competence / 2. In a matrimonial proceeding / a. jurisdiction of the Court 2. In a procedure matrimonial matters a. jurisdiction of the Court the judge adjusts relations of the father and mother with the child according to the provisions governing divorce or the conjugal union protection also takes the measures necessary for the protection of the latter and support the protection of the child of their enforcement authority.
The judge may also change, depending on circumstances, child protection measures which have already been taken.
However, the child protection authority remains competent to: 1 pursue a procedure for the protection of the child brought before the Court; 2 procedure. take immediately measures for the protection of the child when it is likely that the judge not be able to take them in time.

Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1). New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 315bC. Child Protection / VII. For and competence / 2. In a matrimonial proceeding / b. Modification of judicial measures b. Modification of judicial measures the judge is competent to amend judicial measures relating to the allocation and protection of children: 1. in the procedure of divorce; 2. in the procedure for the amendment of the divorce judgment, according to the provisions governing divorce; 3. in the procedure for the amendment of the protective measures of the conjugal union; the provisions that govern the divorce shall apply by analogy.

In other cases, the child protection authority is competent.

Introduced by c. I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 316C. Child Protection / VIII. Supervision of children placed with foster parents VIII. Supervision of children placed with foster parents the placement of children with foster parents is subject to authorization and supervision of the Authority's protection of the child or another office of the domicile of the foster parents, appointed by cantonal law.
When a child is placed for adoption, a single cantonal authority is competent.
The federal Council enacts execution requirements.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by Chapter 2 of the annex to the Federal law of 22 June 2001 on the roast. Hague adoption and measures for the protection of the child in the case of international adoption, in force since 1 Jan. 2003 (RO 2002 3988; FF 1999 5129).

S. 317 c. Child Protection / IX. Collaboration in the protection of the youth IX. Collaboration in the protection of the youth the cantons ensure, by appropriate provisions, effective collaboration of the authorities and services responsible for the measures of civil law for the protection of children, criminal law for minors and other forms of assistance to youth.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

Chapter IV: Property of children arts. 318 A administration A. Administration the father and mother administer the property of the child as long as they have parental authority.
If one of the parents dies, the surviving parent is required to submit an inventory of the property of the child to the child protection authority.
When the child protection authority considers it appropriate in the light of the genus or the importance of the property of the child and the mother and the father's personal situation, she ordered the establishment of an inventory or delivery periodic accounts and reports.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 319 B use of revenues B. use of revenues. the father and mother can use the income from the property of the child for its maintenance, education and training, and to the extent where it is fair, for the needs of the household.
The surplus enters the child's property.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 320 c. levies on the property of the child C. levies on the property of the child payments in capital, damages and other similar benefits can be used by slices for the maintenance of the child, as far as current needs so require.
When this is necessary for the maintenance, education or training of the child, the child protection authority may allow the father and mother from the child's other property contribution to be determined.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 321D. goods released / I. goods delivered by D. released property I. delivered goods stipulation by stipulation the father and mother may not have revenues from gifts to the child so that the amount goes to interest or savings or book subject to the express condition that the father and mother will not use them.
These gifts are exempt from the administration of the father and mother that if the with has expressly ordered when he made them.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 322D. released goods / II. Hereditary reserve II. Legal reserve reserve of the child may also by disposition mortis causa, be subtracted to the administration of the father and mother.
If the settlor provides administration to a third party, the child protection authority may compel it to periodically submit a report and accounts.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 323D. released goods / III. Produces work, professional Fund III. Produced work, professional fund the child has the administration and enjoyment of the product of his work and those of his property that the father and mother him submit to exercise a profession or industry.
When the child live in common household with his father and mother, they may require that it contributes fairly to its maintenance.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 324th. Protection of the child's property / I. protective measures E. Protection of property of the child I. protective measures if an administration due diligence is not sufficiently ensured, the child protection authority takes the necessary measures to protect the child's property.
It may, in particular, give instructions concerning the administration and, when periodic the accounts and the report insufficient, require a deposit or security.
For the procedure, jurisdiction and competence, the provisions on the protection of the child are applicable by analogy.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 325th. Protection of the child's property / II. Withdrawal of the administration II. Removing the administration if there is not another way to prevent danger of the child's property, the child protection authority entrusted the administration to a trustee.
The child protection authority is similarly when the child's property which are not administered by the father and mother are put at risk.
If it is to be feared that the income from the property of the child or the amounts collected on these goods are not used in accordance with the law, the child protection authority may also entrust the administration to a trustee.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 326F. end of the administration / I. return f end of administration I. Restitution as soon as parental authority or the authority of the father and mother ends, the goods are delivered, according to a final statement, the child or his legal representative.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 327F. end of the administration / II. Liability II. Responsibility the father and mother respond in the same way as an agent of the restitution of the property of the child.
They need the sales price of disposed property in good faith.
They are held to no compensation for withdrawals that they were entitled to for the child or household.

New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

Chapter V: minors under guardianship art. 327a A. principle A. principle of the child protection authority appoints a guardian when the child is not subject to parental authority.

S. 327b B. legal status / I. B. status legal I child. Of the child the legal status of the child under guardianship is the same as that of the child subject to parental authority.

S. 327. legal status / II. Guardian II. Guardian guardian has the same rights as parents.
The protection of the adult, including those on the appointment of the trustee, the exercise of guardianship and the authority for the protection of the adult competition shall apply by analogy.
When the child is placed in a closed institution or a psychiatric facility, the provisions of the protection of the adult on placement assistance purposes shall apply by analogy.


Ninth title: chapter I: of the alimony s. family 328 A debtors A. accounts receivable each, provided that they live in ease, is required to provide food to relatives in the direct ascending line and backward, when, without this assistance they would fall in need.
The obligation of maintenance of the father and mother and spouse or registered partner is reserved.

New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).

S. 329 B application of food B. demand for food the food action is commenced against the debtors in the order of their succession rights. It tends to the services necessary for the maintenance of the applicant and compatible with the resources of the other party.
If owing to special circumstances, it seems unfair to require a debtor that it fulfils its obligations, the judge may reduce or eliminate the alimony.
The provisions concerning food action of the child and the transfer of his right to talk to the public authority shall apply by analogy.

New content according to chapter I 2 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 2 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 330 C maintenance of foundlings C. maintenance of foundlings child found is maintained by the municipality in which it was incorporated.
When its origin comes to be seen, the municipality may require those parents who owe him food and, subsidiarily, by the public corporation to assist him, the reimbursement of expenses made for its maintenance.

Chapter II: Of the authority domestic arts. 331 A terms A. Conditions domestic authority over persons living in common household belongs to him who is the head of the Family Act, a contract or use.
This authority extends over all who are common household as parents or allies, or under the terms of an individual contract of employment as workers or in a similar quality.

New content according to chapter II art. 2 bedrooms 2 of the Federal law of June 25, 1971, in force since 1 Jan. 1972 (1971 1461 RO; FF 1967 II 249).

S. 332 B effects / I. domestic agenda B. effects I. internal order persons living in common household are subject to the order of the House, which must be established to reflect fairly the interests of everyone.
They have, in particular, of the freedom that is necessary for their education, their occupation or their religious needs.
The head of family ensures conservation and security of their effects with the same diligence as if it were its own.

In German texts "Hausordnung und Fürsorge" and Italian "ordine interno and cura.

S. 333 B effects / II. Liability II. Responsibility the head of the family is responsible for the damage caused by minors, by persons under guardianship of generality or by people with a mental disability or mental disorder placed under its authority, unless he justifies have monitored them in the common manner and carefully controlled circumstances.
It is required to fill that House people with mental disabilities or mental disorders are not exposed or expose others to risk or damage.
It caters to the competent authority to cause the necessary measures.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 334 B effects / III. Credentials of the children and grandchildren / 1. Requirements III. Debt of the children and grandchildren 1. Conditions children or major grandchildren who live in common household with their parents or grandparents and spend them their work or their income have this head right to fair compensation.
In case of dispute, the judge decides the amount, the guarantee and the terms of payment of this allowance.

New content according to c. I 1 of the LF of oct 6. 1972, in force since 15 Feb. 1973 (1973 93 RO; FF 1970 I 813, 1971 I 753).

S. 334 B effects / III. Credentials of the children and grandchildren / 2. Claim 2. Claim fair compensation due to children or grandchildren may be claimed upon the death of the beneficiary of the corresponding benefits.
It can be claimed already during the lifetime of the debtor when a seizure or bankruptcy is imposed on him, when the household he formed with the creditor ends or when the company passes into other hands.
It is indefeasible, but it must be claimed no later than when the distribution of the estate of the debtor.

Introduced by c. I 1 of the Federal law of Oct. 6. 1972, in force since 15 Feb. 1973 (1973 93 RO; FF 1970 I 813, 1971 I 753).

Chapter III: Family assets art. 335 A foundations of family A. family of the foundations of family foundations can be created according to the rules of the law of persons or estates. they will be intended for the payment of the costs of education, establishment and assistance of the members of the family or similar purposes.
The constitution of family trust is prohibited.

S. 336 B indivision / I. Constitution / 1. Conditions b. Indivision I. Constitution 1. Conditions of the parents may agree to create an ownership, either leaving all or part of a legacy, either with other goods.

S. 337 B indivision / I. Constitution / 2. Form 2. Form the indivision agreements can be made validly only by a deed signed by all the undivided or their representatives.

S. 338 B indivision / II. Period II. Duration the indivision agreements agreed term or for an indefinite time.
In the latter case, it can be denounced by each joint subject to a prior notice of six months.
If it is a farm, the denunciation is permissible only for the usual term of the spring or the fall.

S. 339b indivision / III. Effects / 1. Commune III operations. Effects 1. Joint exploitation the indivision agreements the members argued in common.
Their rights are presumed to be equal.
The undivided may not, as long as hard the indivision agreements, ask for their share, or dispose.

S. 340 B indivision / III. Effects / 2. Management and representation / has. In general 2. Management and representation has. In general the indivision is administered in common by all entitled.
Each of them can make acts of simple administration without the assistance of others.

S. 341 B indivision / III. Effects / 2. Management and representation / b. powers of the head of undivided ownership b. powers of the head of the indivision agreements the undivided can designate one of them as head of the indivision agreements.
The head of undivided ownership represents it in all acts that concern and it directs the operation.
The fact that other undivided are excluded from right to represent undivided ownership is enforceable against third parties of good faith if the single representative has been registered in the trade register.

S. 342 B indivision / III. Effects / 3. Common goods and personal property 3. Common goods and personal property included in the indivision agreements are the common property of the undivided.
Members of undivided ownership shall severally debts.
The other property of an undivided and those which he acquires during the indivision agreements, as succession or some other royalty-free fit, unless otherwise agreed, in his personal wealth.

S. 343 B indivision / IV. Dissolution / 1. Case IV. Dissolution 1. Case indivision stops: 1. by convention or denunciation; 2. by the expiration of the time for which it was incorporated, except in case of extension tacit; 3. When an undivided share is carried out after entry; 4. by the bankruptcy of one undivided; 5. at the request of an undivided based on proper reasons.

S. 344 B indivision / IV. Dissolution / 2. Denunciation, insolvency, wedding 2. Denunciation, insolvency, marriage if the undivided is denounced, if an undivided is declared bankrupt or if its part having been seized, the Director is required, the other members of the indivision agreements can continue after having liquidated their coindivis rights or selfless creditors.
Commons who marries may request the liquidation of its rights without prior denunciation.

S. 345b indivision / IV. Dissolution / 3. Death 3. Death in the death of an undivided, his heirs, if they are not themselves members of the indivision agreements, may request that the liquidation of his rights.
If the deceased left to heirs of the descendants, these can be admitted in its place in the indivision agreements, with the consent of the other undivided.

S. 346 B indivision / IV. Dissolution / 4. Sharing 4. Sharing sharing of undivided ownership occurs or liquidation shares settled on common property, in the State where they were when the cause of dissolution has occurred.
Sharing, nor the liquidation can be caused by untimely.

S. 347 B indivision / V. Indivision in participation / 1. V. ownership conditions in participation 1. Conditions

The exploitation of undivided ownership and its representation can be conventionally given to an only undivided, who will be required to pay annually to each other a share of net income.
Unless otherwise agreed, this share is determined equitably, based on the average yield of undivided property over a long enough period and taking into account the benefits of the Manager.

S. 348 B indivision / V. Indivision in participation / 2. Dissolution 2. Dissolution when the Manager does not properly operate common property or does not fulfil its commitments towards its coindivis, they may require the dissolution.
For proper reasons, each of the undivided can ask the judge that he be allowed to participate in the operation of the Manager, taking into account the provisions relating to the inheritance share.
The indivision agreements with common operating rules are also applicable to the indivision in participation.

S. 349-358 repealed by c. I 4 of the Federal law of June 26, 1998, with effect from 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 359 repealed by ch. II 21 of the LF of 15 Dec. 1989 on the approval of legislative acts of the cantons by the Confederation, with effect from Feb 1. 1991 (1991 362 RO; FF 1988 II 1293).

Part III: the tenth title adult protection: the early personal measures and measures of right chapter I: the early personal measures subchapter I: of the mandate for cause of incapacity article 360a principle A. principle any person in the exercise of civil rights (principal) may load a physical or legal person (agent) to provide personal assistance, manage its assets or represent it in law with third reports where it would become incapable of discernment.
The principal sets the tasks he intends the agent and may provide instructions on how to perform them.
It may provide alternatives to the case where the agent declines the mandate, would not fit to fill or terminates it.

S. 361 B constitution and revocation / I. Constitution B. Constitution and revocation I. Constitution mandate for cause of incapacity is made shaped holographic or authentic.
The holographic mandate must be written in full, dated, and signed at the hands of the principal.
The principal may request the office of civil status to include the constitution and the place of filing of the mandate in the central data bank. The federal Council lays down the necessary provisions, particularly with regard to access to data.

S. 362 B constitution and revocation / II. Revocation II. Revocation the principal may revoke the mandate at any time in any forms for its constitution.
It may also revoke by the abolition of the Act.
The mandate for cause of incapacity which not expressly revokes a previous mandate replaces it insofar as it is not certainly the complement.

S. 363 C recognition of the validity and acceptance C. finding of validity and acceptance when the protection of the adult authority learns that a person has become incapable of discernment and that it ignores whether it constituted a mandate for cause of incapacity, she informed the Office of civil status.
If there is a mandate for cause of demerit, considering: 1. If the mandate was constituted validly; 2. If the conditions of its implementation are met; 3. If the agent is able to fill it; 4. If it must take other measures for the protection of the adult.

If the agent accepts the mandate, the authority for the protection of the adult makes attentive to the duties arising from the rules of the code of obligations on the mandate and gave him a document outlining his skills.

RS 220 s. 364 D. and completely D. Interpretation and completely the agent may apply to the authority for the protection of the adult to interpret the mandate and complete accessories points.

S. 365 E. Execution E. running the agent represents the principal within the limits of the mandate for cause of incapacity and performs its duties diligently and according to the rules of the code of obligations on the mandate.
If there is deal with matters which are not covered by the mandate or if there is a conflict of interest between the principal and the agent, it immediately sought the intervention of the authority for the protection of the adult.
In the event of conflict of interest, the powers of the representative cease ipso jure.

RS 220 s. 366 f. Remuneration and expenses F. Remuneration and expenses when the mandate for cause of incapacity contains no provision on the remuneration of the mandatary, the protection of the adult authority fixed appropriate compensation if this appears justified with regard to the magnitude of the tasks or agent benefits are usually subject to compensation.
Remuneration and reimbursement of the justified expenses are borne by the principal.

S. 367 G. termination G. termination agent may terminate the mandate at any time, informing in writing the authority for the protection of the adult, by a period of two months.
It can terminate the contract with immediate effect for proper reasons.

S. 368 h. Intervention by the authority for the protection of the adult H. Intervention by the authority for the protection of the adult if the interests of the principal are compromised or may be, the authority for the protection of the adult takes measures ex officio or at the request of a loved one of the principal.
It may inter alia to give instructions to the agent, order him to establish an inventory of the property of the principal, periodically present accounts and reports or withdraw its powers in whole or in part.

S. 369 I. recovery of the judgement I. recovery of the ability to discern the cause of incapacity mandate ceases to produce its full legal effects in case of recovery of the judgement of the principal.
If the interests of the principal are thereby compromised, the mandatary is bound to continue to perform the tasks that have been entrusted until the principal can defend its interests itself.
The principal is bound by the transactions that the agent made before having knowledge of the termination of its mandate, as if the mandate was still producing its effects.

Subchapter II: guidelines anticipated patient art. 370 A principle A. principle any person capable of discernment may determine, in advance directives, medical treatments to which she consents or not in case it would become incapable of discernment.
It may also designate an individual who will be called to speak with the doctor about the medical care to administer and decide on its behalf in case it would become incapable of discernment. It may give directions to that person.
It can provide alternatives for the case where the designated person decline the mandate, would not fit to fill or terminates it.

S. 371 B constitution and revocation B. Constitution and dismissal advance directives are incorporated in written form; they must be dated and signed by their author.
The author of advance directives can include the constitution and instead of filing his insurance card guidelines. The federal Council lays down the necessary provisions, particularly with regard to access to data.
The rule governing the revocation of the mandate for cause of incapacity shall apply by analogy to the advance directives.

S. 372 C occurrence of the inability of discernment v. occurrence of the inability of discernment when a doctor treats a patient incapable of discernment and ignore if it has drafted guidelines anticipated, it informs their existence by consulting the patient insurance cards. Emergency cases are reserved.
The doctor meets guidelines anticipated of the patient, unless they violate legal provisions, or if serious doubts suggest that they are not an expression of his free will or that they do not correspond to his will in the given situation.
If necessary, the doctor logs in the patient's medical record the reasons for which it has not respected the advance directives.

S. 373 D. Intervention by the authority for the protection of the adult D. Intervention by the authority for the protection of the nearby adult of the patient may appeal in writing to the authority for the protection of the adult when: 1. the advance directives of the patient are not met; 2. the interests of the patient are compromised or may it be; 3. advance directives are not the expression of the free will of the patient.

The rule governing the intervention of the authority for the protection of adults under the mandate for cause of incapacity shall apply by analogy to the advance directives.

Chapter II: measures of right persons of discernment subchapter I: of the representation by the spouse or the partner registered arts. 374 a. Conditions and extent of the power of representation A. Conditions and extent of the power of representation when a person under a disability of discernment did not constitute a mandate for cause of incapacity and that its representation is not provided by a trustee, spouse or registered partner has the authority legal representation if it is common household with her or if he provides regular personal assistance.
The power of representation is:

1. on all legal acts usually needed to meet the needs of the person incapable of discernment; 2. on the ordinary administration of revenues and other assets; 3. If necessary, the right to correspondence and the winding.

For legal acts of extraordinary administration of the property, the spouse or registered partner shall require the consent of the authority for the protection of the adult.

S. 375 B exercise of the power of representation (b) exercise of the power of representation the provisions of the code of obligations on the mandate shall apply by analogy to the exercise of the power of representation.

RS 220 s. 376 C intervention by the authority for the protection of the adult C. Intervention by the authority for the protection of the adult if there are doubts about the fulfilment of the conditions of representation, the protection of the adult authority decides on the power of representation; If necessary, submits to the spouse or registered partner a document outlining his skills.
If the interests of the person incapable of discernment are compromised or may be, the protection of the adult authority withdraws, in whole or in part, the power of representation to the spouse or registered partner or establishes a guardianship, ex officio or at the request of a relative of the person incapable of discernment.

Subchapter II: Representation in the medical arts. 377. A treatment Plan A. Plan of treatment when a person incapable of discernment should receive medical care on which not is not determined in advance directives, the doctor establishes the treatment with the person authorised to represent it in the medical field.
The attending physician fills the person authorised to represent the person incapable of discernment on all relevant aspects of the proposed treatment, including its reasons, its purpose, its nature, its methods, its risks and side effects, its cost, as well as the consequences of a lack of treatment and on the existence of other treatments.
Insofar as possible, the person incapable of discernment is associated with the decision-making process.
The treatment plan must be adapted to the evolution of medicine and the status of the person concerned.

S. 378 B representatives B. representatives are empowered to represent the person incapable of discernment and to consent or not to medical care the doctor plans to administer out or in an institutional setting, in order: 1. the person designated in advance directives or a mandate for cause of incapacity; 2. the trustee who is to represent it in the field medical; 3. spouse or partner registered, that it makes common household with her or if he provides personal assistance regular; 4. the person that common household with her and who provide personal assistance regular; 5. his descendants, if they provide a regular personal assistance; 6. his father and mother, if they provide a regular personal assistance; 7. his brothers and sisters, if they provide a regular personal assistance.

In case of plurality of representatives, the doctor may, in good faith, assume that each of them is with the consent of the other.
In the absence of advance directives giving instructions, the representative decided in accordance with the alleged will and the interests of the person incapable of discernment.

S. 379 C emergency v. emergencies in an emergency, the doctor administers medical care according to the presumed will and the interests of the person incapable of discernment.

S. 380 D. treatment of psychic disorders D. treatment of psychic disorders the treatment of psychological problems of a person incapable of discernment placed in a psychiatric institution is governed by the rules on placement assistance purposes.

S. 381 E. Intervention by the authority for the protection of adult E. Intervention of the protection of the authority for the protection of the adult adult authority establishes a curatorship of representation when there is no person empowered to represent the person incapable of discernment or that any person entitled to do so agrees to represent it.
It means the representative or establishes a curatorship of representation when: 1. the representative cannot be determined clearly; 2. the representatives are not all of the same opinion; 3. the interests of the person incapable of discernment are compromised or are likely to be.

It acts ex officio or at the request of the physician or someone else close the person incapable of discernment.

Subchapter III: The person residing in a medical establishment art. 382. Contrat assistance A. contract assistance assistance to a person incapable of discernment resident for periods in a medical facility or a home (institutions) shall be the subject of a contract written which sets out the services to be provided by the institution and their cost.
The wishes of the person concerned shall, to the extent possible, be taken into consideration in the determination of the services to be provided by the institution.
The provisions on representation in the medical field shall apply by analogy to the representation of the person incapable of discernment at the conclusion, amendment or termination of the service contract.

S. 383 B measures limiting freedom of movement / I. Conditions B. measures limiting freedom of movement I. Conditions the institution cannot restrict the freedom of movement of a person incapable of discernment that if less stringent measures have failed or appear a priori insufficient and that this restriction aims: 1. to prevent a grave danger threatening the life or bodily integrity of the person concerned or of a third party; 2. to stop a serious disruption of community life.

The person concerned must be informed in advance of the nature of the measure of its reasons, of its probable duration, as well as the name of the person who will take care of it during this period. The emergency is reserved.
The measure should be lifted as soon as possible; in all cases, its justification will be reconsidered at regular intervals.

S. 384 B measures limiting freedom of movement / II. Protocol and duty of information II. Protocol and duty to inform any measure restricting the freedom of movement is the subject of a protocol. It includes the name of the person who decided the measure as well as the purpose, type and duration of the measure.
The person empowered to represent the person concerned in the medical field must be notified of the measure; It may take knowledge of the Protocol at any time.
Persons exercising supervision of the institution are also empowered to take knowledge of the Protocol.

S. 385 B measures limiting freedom of movement / III. Intervention by the authority for the protection of the adult III. Intervention by the authority for the protection of the adult the person concerned or one of his relatives may, at any time, appeal in writing to the authority for the protection of the adult to the seat of the institution against the measure restricting the freedom of movement.
If the protection of the adult authority finds that the measure is not in conformity with the law, she amended, the throws, or directs another measure. If necessary, it shall inform the supervisory authority of the institution.
Any motion for a decision of the authority for the protection of the adult must be transmitted immediately.

S. 386 C protection of personality v. Protection of the personality the institution protects the personality of the person incapable of discernment and helps as much as possible its relations with people from the outside.
When the person concerned is deprived of outside assistance, the institution shall inform the authority for the protection of the adult.
Free choice of physician is warranted, unless proper reasons oppose.

S. 387 D. supervision of institutions D. supervision of institutions the cantons subject institutions accommodating persons incapable of discernment to surveillance, unless it is already prescribed by federal regulation.

Eleventh title: measures taken by the authority chapter I: General principles art. 388 A goal. But the measures taken by the authority for the protection of the adult guarantee assistance and protection of the person who needs help.
They preserve and promote as much as possible their autonomy.

S. 389 B subsidiarity and proportionality B. subsidiarity and proportionality protection of adult authority ordered a measure: 1. when the support provided to the person in need of assistance by members of his family, other relatives, or private or public service is not sufficient or seems a priori insufficient; 2. When the need for assistance and protection of the person incapable of discernment only is not or not sufficiently guaranteed by an early personal measure or a measure applied by operation of law.

A measure for the protection of the adult is ordered by the authority if it is necessary and appropriate.

Chapter II: Curatorships subchapter I: provisions general article 390. at terms A. Conditions protection of adult authority establishes a guardianship when a person:

1. is partially or totally prevented from safeguarding its interests because of a mental disability, mental disorder or another State of weakness that affects its condition personal; 2 itself. is due to temporary incapacity of discernment or due to absence, prevented to act itself and that it has not appointed a representative for matters to be resolved.

The protection of the adult authority takes into consideration the burden posed by the person concerned for relatives and third parties as well as their need for protection.
It introduces the trustee ex officio or at the request of the person concerned or of a loved one.

S. 391 B task B. task the protection of adult authority determines, depending on the needs of the person concerned, the tasks under curatorship.
These tasks include personal assistance, heritage management and the legal relationships with third parties.
Without the consent of the person concerned, the trustee may take knowledge of correspondence or enter into its housing only with the express authorization of the authority for the protection of the adult.

S. 392 C waiver to establish a guardianship C. waiver to establish a guardianship where the institution of a curatorship appears manifestly disproportionate, the protection of the adult authority may: 1. assume itself the tasks, including consent to an act legal; 2. give mandate to a third party to perform tasks particular; 3. designate a person or a skilled office which will have the right look and information in some areas.

Subchapter II: Types of guardianship art. 393. Curatelle accompanying A. curatorship accompanying a curatorship of accompaniment is established, with the consent of the person who needs help, when it must be assisted to accomplish certain acts.
The curatorship of accompaniment does not limit the exercise of civil rights of the person concerned.

S. 394 B curatorship of representation / I. General b. citizen representative I. In general a curatorship of representation is established when the person who needs help can perform certain acts and must therefore be represented.
The protection of the adult authority may therefore limit the exercise of civil rights of the person concerned.
Even if the person concerned continues to exercise all his civil rights, it is bound by the acts of the trustee.

S. 395 B curatorship of representation / II. Management of Heritage II. Heritage management where the protection of the adult authority introduces a curatorship of representation relating to the management of the heritage, it determines the property on which are the powers of the trustee. It may refer to managing all or part of the income or property, or all of the properties.
Unless otherwise decided by the protection of the adult authority, management of trustee powers extend to the savings made on the basis of income and the proceeds of the fortune managed.
Without limiting the exercise of civil rights of the person concerned, the protection of the adult authority may deprive it of the right to access to certain elements of its heritage.
If the protection of the adult authority deprives the person concerned of the faculty have a building, it makes the notation in the land register.

S. 396 C curatorship of cooperation v. cooperation curatorship a curatorship of cooperation is established when, to safeguard the interests of a person who needs help, it is necessary to submit some of his actions to the requirement of the consent of the trustee.
The exercise of civil rights of the person concerned is limited right from these acts.

S. 397. D combination of curatorship D. combination of curatorship the curatorships of accompaniment, representation and cooperation can be combined.

S. 398 E. curatorship of scope general e. curatorship General a general curatorship is established when a person particularly needs help, due to a lasting disability of discernment.
It covers all areas of personal assistance, the management of the heritage and the legal relationships with third parties.
The person concerned is deprived of right to the exercise of civil rights.

Subchapter III: The end of art curatorship 399. the guardianship ends right at the death of the person concerned.
The protection of the adult authority throws curatorship if it is no longer justified, ex officio or at the request of the person concerned or one of its relatives.

Subchapter IV: trustee s. 400. A Nomination / I. General Conditions A. appointment I. General Conditions protection of adult authority appoints trustee an individual who has the skills and the knowledge necessary for the performance of the tasks which will be entrusted to him, which has time and running them in person. It may appoint several persons if warranted by special circumstances.
Subject to proper reasons, the appointee is required to accept the takeover.
The protection of the adult authority ensures that the trustee receives instructions, advice and support that it needs to accomplish its tasks.

S. 401. appointment / II. Wishes of the person concerned or his close II. Wishes of the person concerned or his family when the person concerned offers a person as trustee, the protection of the adult authority accesses his wish provided that the nominee fulfils the conditions required and accepts the guardianship.
The protection of the adult authority takes as much as possible into consideration the wishes of the family members or other relatives.
It takes into account as much as possible of the objections raised by the person concerned for the appointment of a specific person.

S. 402. appointment / III. Guardianship entrusted to persons III. Guardianship entrusted to several people when the trustee is entrusted to several people, they exercised in common or the responsibilities entrusted by the authority for the protection of the adult in each of them.
However, many people cannot be charged without their consent to exercise in common the same trustee.

S. 403 B prevention and conflict of interest B. Prevention and conflict of interest if the trustee is unable to act or if, in a case, its interests are in conflict with those of the person concerned, the protection of the adult authority appoints a substitute or rule the case itself.
The existence of a conflict of interest of right causes the end of the powers of the trustee in the case.

S. 404 C remuneration and expenses C. Remuneration and charges the trustee was entitled to appropriate remuneration and reimbursement of the justified costs. These amounts are deducted from the assets of the person concerned. If it is a professional trustee, they come to his employer.
The protection of the adult authority sets the remuneration. It takes account in particular of the extent and complexity of tasks entrusted to the trustee.
The cantons enact implementing provisions and regulate the remuneration and reimbursement of expenses when related amounts cannot be levied on the assets of the person concerned.

Subchapter V: of the exercise of art curatorship 405. Entrée according to curator A. entry based on the trustee the trustee gathers the information necessary for the performance of its tasks and personally took contact with the person concerned.
If the trustee includes the management of heritage, it stands without delay, together with the protection of the adult authority, an inventory of the heritage values that it must manage.
If circumstances warrant, the protection of the adult authority may order a public inventory. This inventory has the same effects as the benefit of inventory in succession to creditors.
Third parties are required to provide all the information required for the preparation of the inventory.

S. 406 B relations with the person concerned B. Relations with the individual trustee safeguards the interests of the person concerned, take account, to the extent possible, of its opinion and respects its willingness to organize its existence as she wishes.
It seeks to establish a relationship of trust with her, to prevent a deterioration of his State of weakness or to mitigate its effects.

S. 407 C autonomy of the individual v. autonomy of the person concerned the person concerned capable of discernment, even deprived of the exercise of civil rights, can commit by his own actions within the limits provided by the law of persons and exercise their strictly personal rights.

S. 408 D. management of heritage / I. tasks D. heritage management I. tasks the trustee responsible for the management of Heritage administers the assets of the person concerned diligently and performs legal acts related to management.
It may in particular: 1. ensure the reception, with discharge effect, benefits payable by the third party; 2. settle debts to the extent where it is indicated; 3. If necessary, represent the person concerned to his ordinary needs.

The federal Council enacts the provisions relating to the placement and the preservation of property.

S. 409 D. management of Heritage / II. Amounts available II. Amounts available to the trustee puts at the free disposal of the person concerned appropriate amounts which are levied on goods it.

S. 410 D. management of heritage / III. Accounts


III. account the trustee maintains the accounts and submit them for the approval of the authority for the protection of the adult to the periods laid down by the latter, but at least every two years.
He informs the person concerned on the accounts and shall give a copy upon request.

S. 411 E. activity report E. report as often as it is necessary, but at least every two years, the trustee shall provide the protection of adult authority a report on its activity and the evolution of the situation of the person concerned.
To the extent possible, it associates the person concerned in the preparation of the report; It him provide a copy upon request.

S. 412 f. Affairs Special F. Affairs Special Trustee may, on behalf of the person concerned, proceed to bonds or create foundations or make donations, with the exception of the use presents.
To the extent possible, it refrains from alienating any property which takes on a particular value for the person concerned or his family.

S. 413 G. duty of care and duty to keep the secret G. duty of care and duty to keep secret the trustee accomplishes its tasks with the same duty of care only one representative within the meaning of the code of obligations.
He was held incommunicado, unless overriding interests oppose.
Where required by the execution of the tasks assigned to him, he must inform third parties of the existence of a curatorship.

RS 220 s. 414 H. facts new H. facts new trustee shall inform without delay the authority for the protection of the adult of the new facts which justify the modification or the lifting of curatorship.

Subchapter VI: contest of the authority for the protection of the adult art. 415 a. Examen of accounts and reporting A. review of accounts and reports the protection of adult authority approves or denies the accounts; If necessary, it requires corrections.
It considered the reports of the Committee and requires the need for supplements.
It takes, if necessary, measures to safeguard the interests of the person concerned.

S. 416 B acts requiring the consent of the authority for the protection of the adult / I. Legally B. acts requiring the consent of the authority for the protection of the adult I. Legally when the trustee acting on behalf of the person concerned, it shall require the consent of the authority for the protection of the adult to: 1 outstanding household and terminate the contract of lease of housing of the person concerned; 2. conclude or terminate long-term contracts for the placement of the person concerned; 3. accept or repudiate an inheritance when an express declaration is required, and conclude or terminate an inheritance or succession; 4-sharing contract. acquire or dispose of property, encumber pledges or other real rights or build beyond the needs of the ordinary; 5 administration. acquire, dispose of or pledge of other property, or encumber usufruct if such acts go beyond administration or operation ordinary; 6. contract or grant an important loan and commitments Exchange; 7. conclude or terminate contracts whose object is a life annuity, a life maintenance, or a life insurance, unless they are concluded in the framework of occupational related to a contract of employment; 8. acquire or liquidate a business, or enter a company engaging personal liability or a capital important; 9. make a declaration of insolvency, plead or compromise, compromise or enter into an arrangement, subject to interim measures taken by the curator.

The consent of the authority for the protection of the adult is not necessary if the person concerned is capable of discernment, the exercise of his civil rights is not restricted by the guardianship and she agrees.
The contracts concluded between the person concerned and the trustee are subject to the approval of the protection of the adult authority, unless it is a free mandate given by the person concerned.

S. 417 B acts requiring the consent of the authority for the protection of the adult / II. On decision II. Decision in the case of justifiable reasons, the protection of the adult authority decide that other acts will be submitted for approval.

S. 418 B acts requiring the consent of the authority for the protection of the adult / III. Lack of consent III. Lack of consent the legal act without the consent of the authority for the protection of the adult has, with respect to the person concerned, that the effects provided for the right of persons in case of default of the consent of the legal representative.

Subchapter VII: The intervention of the authority for the protection of the adult art. 419. the individual, one of his relatives or any person who has a legal interest may appeal to the Authority's protection of adults against the acts or omissions of the trustee, or those of the third party or the office mandated by the authority for the protection of the adult.

Subchapter VIII: The guardianship entrusted to relatives s. 420 when guardianship is entrusted to the spouse, registered partner, to the father and mother, a descendant, a brother or sister of the person concerned or a person conducting fact a married life with it, the protection of the adult authority may, if circumstances warrant, deliver in whole or in part from the obligation to surrender an inventory build relationships and periodic accounts and require consent to certain acts.

Subchapter IX: The end of the functions of the trustee s. 421A. Of A right. Full functions of the trustee end of right: 1. at the expiry of the period fixed by the authority for the protection of adults, if they were not renewed; 2. When the guardianship has taken fine; 3. in case of end of work of Professional; 4 trustee reports. in the case of curatorship, disability of discernment or death of the curator.

S. 422 B release / I. At the request of the trustee B. release I. At the request of the trustee the trustee is entitled to be released from his duties at the earliest after a period of four years.
He was released before this date if it is submitted proper reasons.

S. 423 B release / II. Other cases II. Other cases the protection of adult authority releases the trustee's duties: 1. If it is best able to perform the tasks assigned to him; 2. If there is another cause of liberation.

The person concerned or one of his relatives may request the trustee to be released of his duties.

S. 424 C management v. transitional management transitional the trustee is required to ensure the management of affairs which treatment cannot be delayed until the inauguration of his successor, unless protection of the adult authority decides otherwise. This provision does not apply to the professional trustee.

S. 425 D. report and final accounts D. report and final accounts at the end of his duties, the trustee address protection of the adult authority a final report and, where appropriate, the final accounts. The authority may waive this obligation professional curator its working relationships terminate.
The protection of the adult Authority reviews and approves the final report and final accounts in the same manner as reports and periodic accounts.
It addressed the report and final accounts to the person concerned or his heirs and, if necessary, to the new trustee; It makes these people attentive to the provisions on liability.
In addition, it communicates to them decision which frees the trustee's duties or one that refuses the approval of the final report and final accounts.

Chapter III: placement assistance purposes art. 426. Mesures / I. Placement for purposes of assistance or treatment A. action I. Placement for purposes of assistance or treatment a person may be placed in an appropriate institution when, because of mental disorder, a mental disability or a serious derelict, assistance or required treatment cannot be provided in some other way.
The charge that the person concerned is for his family and for others as well as their protection are taken into account.
The person concerned shall be released as soon as the investment conditions are no longer fulfilled.
The person concerned or one of its relatives can request his release at any time. The decision must be made without delay.

S. 427. A measures / II. Maintaining a person entered voluntarily II. A person entered voluntarily maintaining any person wishing to leave the institution in which it is entered voluntarily due to mental disorders can be retained on the orders of the Chief Medical Officer of the institution for three days at most: 1. If it is endangering his life or integrity body; 2. If it is seriously endangering the life or bodily integrity of others.

This period expired, it can leave the institution, unless an enforceable decision of placement was ordered.
The person concerned is informed in writing of his right to appeal to the judge.

S. 428 B jurisdiction over placement and release / I. authority for the protection of the adult B. jurisdiction investment and release I. the protection of adult authority adult protection authority is competent to order the placement of a person or his release.
In special cases, it can delegate its jurisdiction to release the person concerned to the institution.


S. 429 B jurisdiction over placement and release / II. Doctors / 1. Jurisdiction II. Physicians 1. Jurisdiction the cantons may appoint doctors who, in addition to the protection of the adult authority, are entitled to order placement duration is determined by cantonal law. This period may not exceed six weeks.
Placement ends no later than at the end of the period provided for by cantonal law, unless the adult protection authority the extended by an enforceable decision.
The decision to release the person belongs to the institution.

S. 430 B jurisdiction over placement and release / II. Doctors / 2. Procedure 2. Procedure the physician examines itself the concerned person and hear it.
The decision to place the person concerned shall contain at least: 1. the place and date of the medical examination; 2. the name of the doctor who ordered the; 3. the results of the review, the reasons and the purpose of the offering; 4. legal remedies.

The appeal has no suspensive effect, unless the doctor or judge does not grant it.
A copy of the decision to place the person concerned shall be given by hand, another to the institution at admission.
To the extent possible, the doctor communicates in writing the decision to place the person in an institution to one of his relatives and informs him of the possibility to appeal against this decision.

S. 431 C periodic review v. periodic review in the six months following the placement, the protection of the adult authority examines whether the conditions for the maintenance of the measure are still satisfied and whether the institution is still appropriate.
It conducts a second review in the six months that follow. Subsequently, conduct the review as often as necessary, but at least once a year.

S. 432 D. Nobody trusted D. Trusted person any person placed in an institution has the right to appeal to a person of its choice who will assist him throughout his stay and until the end of proceedings in connection therewith.

S. 433 E. medical care in the event of mental disorders / I. E. medical care in case of disorders treatment Plan psychic I. Plan of treatment when a person is placed in an institution for treatment due to mental disorders, the attending physician establishes a treatment written with it and, if necessary, plan his trusted person.
The doctor informs the person concerned and his trusted person on all the essential elements of the proposed medical treatment; door information in particular on the reasons, the purpose, the nature, terms, risks and side effects of the treatment, as well as on the consequences of a lack of care and the existence of other treatments.
The treatment plan is subject to the consent of the person concerned. If it is incapable of discernment, the physician takes into consideration any advance directives.
The treatment plan is adapted to the evolution of medicine and the status of the person concerned.

S. 434 E. medical care in the event of mental disorders / II. Treatment without consent II. Treatment without consent if the consent of the person concerned is default, the Chief Medical Officer of the service concerned may prescribe in writing medical care provided by the treatment plan when: 1. the failure of treatment seriously endangers the health of the person concerned or the life or body of others; 2 integrity. the person concerned has not the capacity for discernment required to grasp the need for treatment; 3. There is no appropriate measures less stringent.

The decision shall be communicated in writing to the person concerned and his trusted person; It shows legal remedies.

S. 435 E. medical care in the event of mental disorders / III. Emergencies III. Emergencies in an emergency, essential medical care can be given immediately if required by the protection of the data subject or others.
When the institution knows how the person intends to be processed, it takes into consideration willingness.

S. 436 E. medical care in the event of mental disorders / IV. Output IV maintenance. Maintenance of output if there is a risk of recurrence, the attending physician tries to predict with the person concerned, before his release from the institution, what will be the therapeutic support in the event of new investment.
The maintenance of output is reduced to writing.

S. 437 E. medical care in the event of mental disorders / V. cantonal law V. law cantonal cantonal law rule support the person concerned out of the institution.
It can provide ambulatory measures.

S. 438 f. measures limiting freedom of movement F. measures limiting freedom of movement rules on measures limiting the freedom of movement of a person residing in an institution shall apply by analogy to measures limiting the freedom of movement of the person placed in an institution for assistance purposes. The possibility of appeal to the judge is reserved.

S. 439 G. call for Justice G. appeal to judge the person concerned or one of his relatives may appeal in writing to the judge in cases: 1. of placement ordered by a physician; 2. peacekeeping by the institution; 3. rejection of an application for release by the institution; 4. treatment of psychiatric disorders without the consent of the person concerned; 5. application of measures limiting the freedom of movement of the person concerned.

The appeal period is 10 days from the date of notification of the decision. There, for measures limiting freedom of movement, to be called to the judge at any time.
The provisions governing the procedure before the Court of appeal shall apply by analogy.
Request a judicial review must be transmitted immediately to the competent judge.

Twelfth title: Organization of the protection of the adult chapter I: authorities and jurisdiction at article instead 440. Autorité protection of adult A. the protection of adult authority adult protection authority is an interdisciplinary authority. It is designated by the cantons.
It takes its decisions by serving at least three members. The cantons may grant exceptions for specified business.
It also serves the child protection authority.

S. 441 B supervisory authority B. supervisory authority the cantons shall designate the supervisory authorities.
The federal Council may enact provisions on monitoring.

S. 442 C jurisdiction at the place v. jurisdiction at the place the authority of the competent adult protection is that of the place of domicile of the relevant person. When a procedure is in progress, the jurisdiction remains acquired until its completion.
When Péril en la demeure, the authority of the place where the person concerned is also competent. If she ordered a measure, it shall inform the authority of the place of residence.
The authority of the place where the major part of the heritage is administered or has been vested in the person concerned is also competent to establish a guardianship if the person is prevented from acting for lack.
The cantons may stipulate that nationals domiciled in their territory are subject to the authority for the protection of the adult of their place of origin instead of their place of residence, if the communes of origin have the burden to assist people in need in whole or in part.
If a person subject to a measure of protection home Exchange, jurisdiction is transferred immediately to the authority for the protection of the adult's new place of residence, unless just cause opposes.

Chapter II: Procedure subchapter I: before the authority for the protection of the adult art. 443. Droit and obligation to notify the authority A. right and obligation to notify the authority any person has the right to notify the authority for the protection of the adult a person appears to need help. The provisions on professional secrecy are reserved.
Any person who, in the exercise of its official function, has knowledge of such a case is required to notify the authority. The cantons may provide for other obligations to notify the authority.

S. 444 B examination of jurisdiction B. consideration of the protection of the adult authority jurisdiction examines ex officio if the case falls within its competence.
If she considers incompetent, it transmits the case in the shortest time limits the Authority considers competent.
If it has doubts on its jurisdiction, shall proceed to an exchange of views with the authority that it considers competent.
If the two authorities cannot reach an agreement, the authority for the protection of the adult who was seized in the first place of the case submits the question of its jurisdiction to the Court of appeal.

S. 445 C injunctive C. precautionary measures the authority for the protection of the adult takes, ex officio or at the request of a party to the procedure, all necessary precautionary measures for the duration of the procedure. It can order a measure for the protection of the adult on a provisional basis.
In the case of special urgency, it may take provisional measures without hearing the parties to the procedure. At the same time, it gives them the possibility to take a stand; She then takes a new decision.
Any decision relating to provisional measures can be appealed within ten days of its notification.

S. 446 D. maxims of the procedure D. maxims of the procedure

The protection of the adult authority establishes the facts of office.
It conducts research and administration of the evidence needed. It can load a third person or a service to conduct an inquiry. If necessary, she ordered an expertise report.
It is not bound by the conclusions of the parties to the procedure.
It applies the right to office.

S. 447 E. right to be heard E. right to be heard the person concerned must be heard personally, unless the personal hearing appears disproportionate.
In the event of placement for purposes of assistance, it is usually heard by the authority for the protection of the adult meeting in college.

S. 448 F. Obligation to cooperate and administrative assistance F. Obligation to cooperate and administrative assistance those parties to proceedings and third parties are obliged to cooperate in the establishment of facts. The protection of the adult authority takes the necessary measures to safeguard the interests worthy of protection. In case of necessity, it directs that the obligation to cooperate is accomplished under duress.
Doctors, dentists, pharmacists, midwives and that auxiliaries are required to work only if the person concerned was allowed there or that, at the request of the authority for the protection of adults, the higher authority has untied them privilege.
Are exempted from the obligation to cooperate ecclesiastics, lawyers, defenders to justice, ombudsmen and the previous curators appointed for the procedure.
The administrative authorities and the courts are required to provide the necessary documents, official reports and communicate the required information, unless interests worthy of protection object.

S. 449 g. Expertise carried out in an institution G. Expertise carried out in an institution if the psychiatric expertise is indispensable and that it cannot be performed in an outpatient basis, the protection of the adult authority place, for this purpose, the person concerned in an appropriate institution.
The provisions on procedure in relation to the placement for purposes of assistance shall apply by analogy.

S. 449a H. Representation H. Representation if necessary, the protection of the adult authority ordered representation of the person concerned in the proceedings and designated trustee a person experienced assistance and in the legal field.

S. 449b I. Consultation of the I. Consultation of the file file individuals parties to the proceedings have the right to consult the file, provided that no overriding interest objection.
Where the Authority refuses a person a party to the proceedings the right to consult an exhibit, it cannot rely on this coin if it him revealed, orally or in writing, the important elements for the case.

S. 449c J. Obligation J. Obligation to provide protection of the adult authority communicates to the office of civil status: 1. any placement of a person under guardianship of generality because of lasting disability of discernment; 2. any mandate for cause of incapacity which subjected a person become permanently incapable of discernment.

Subchapter II: To the Court of appeal art. 450 a. Objet of the appeal and quality for use A. purpose of the appeal and quality to use the decisions of the authority for the protection of the adult may be appealed before the competent judge.
Have quality for use: 1. the parties to the proceeding; 2 people. the relatives of the person concerned; 3. people who have a legal interest to the cancellation or amendment of the contested decision.

The appeal shall be duly motivated and lodged in writing to the judge.

S. 450A B. reasons B. reasons the appeal may be lodged to: 1 violation of law; 2. finding false or incomplete facts relevant; 3. inappropriateness of the decision.

Denial of justice or the undue delay may also be the object of an action.

S. 450b C. time limits v. time limits the appeal period is 30 days from the notification of the decision. This deadline also applies to people with quality to use to which the decision should not be notified.
In the field of placement for purposes of assistance, the time is ten days from the notification of the decision.
Denial of justice or the undue delay may be an action at any time.

S. 450 c D. suspensive effect D. suspensive effect the appeal is suspensive, unless protection of the adult authority or the Court of Appeal decides otherwise.

S. 450 d e Consultation of the first instance and reconsideration E. Consultation of the first instance and reconsideration the Court of appeal to the authority for the protection of the adult an opportunity to take a stand.
Instead of taking a position, the protection of the adult authority may reconsider its decision.

S. 450th F. Special provisions concerning placement in special assistance F. provisions purposes concerning the placement for the purpose of assistance the appeal against a decision taken in the field of placement for purposes of assistance should not be motivated.
It has no suspensive effect, unless protection of the adult authority or the Court of appeal grants it.
The decision on psychiatric disorders must be taken on the basis of an expert's report.
The Court of appeal, generally meeting in college, hears the person concerned. She ordered if necessary its representation and means a trustee experienced assistance and in the legal field.
The Court of Appeal rules generally in the five working days following the filing of the appeal.

Subchapter III: Provision common s. 450F in addition, if the cantons do not provide otherwise, the provisions of civil procedure shall apply by analogy.

Subchapter IV: Performance art. 450g the protection of adult authority implement the decisions on request or ex officio.
If the protection of the adult authority or the Court of appeal already ordered enforcement measures in the decision, it is immediately executable.
The person responsible for execution may, if necessary, request the assistance of the police. Direct coercive measures must, as a general rule, be subject to a warning.

Chapter III: the report against third parties and the obligation to cooperate art. 451. A Secret and information A. secrecy and information protection of the adult authority is bound to secrecy, unless overriding interests oppose.
Any person whose interest is made likely may require the authority for the protection of the adult that it indicates if a specific person is the object of a measure of protection and what are the effects.

S. 452 B effect of measures with respect to the third B. effect of the measures in respect of third parties the existence of a measure for the protection of the adult is opposable even against third parties in good faith.
When a ward of the State causes a limitation of the exercise of civil rights of the person concerned, it shall be communicated to the debtors thereof, which can then break validly only in the hands of the trustee. The existence of the curatorship can be opposed to good faith debtors who don't have not been informed.
The person subject to a measure of protection of the adult who has falsely given for capable responds to third parties for the damage that it caused them.

S. 453 C duty to cooperate v. duty to cooperate if there is a real danger that a person needing help endanger his life or physical integrity or commit a crime or an offence causing serious bodily injury, moral or material to others, the protection of the adult authority, the services concerned and the police are obliged to cooperate.
In one such case, the persons bound by the secrecy of function or privilege are allowed to communicate the information necessary for the protection of the adult authority.

Chapter IV: Responsibility art. 454 A principle A. principle any person who, in the context of measures taken by the authority for the protection of the adult, is injured by an act or an unlawful omission is entitled to damages, and as far as the seriousness of the infringement so warranted, to a sum of money as a moral reparation.
The same rights belong to the injured when the authority for the protection of the adult or the supervisory authority acted illegally in other areas of the protection of the adult.
The responsibility lies with the Township; the injured person has no right to compensation against the author of the damage.
The recourse action against the perpetrator of the damage is governed by cantonal law.

S. 455 B prescription B. Prescription the action in damages or payment of a sum of money as a moral reparation is prescribed by one year from the day where the injured person had knowledge of the injury and, in all cases, by ten years from agenda where the delict has occurred.
If the action derives from a punishable act submitted by the penal laws to a longer term requirement, this requirement applies to this action.
When the person was aggrieved by the fact that a sustainability measure has been ordered or executed, the prescription of the action against the canton does not run until the measurement has been completed or that she has been transferred to another canton.


S. 456 C liability in accordance with the rules of the C. responsibility mandate under the rules of the C. responsibility mandate under the rules of the mandate the responsibility of the agent to cause incapacity, the spouse or partner registered the person incapable of discernment or the person authorised to represent it in the medical field, when they are not acting as curators, is determined according to the provisions of the code of obligations applicable to the mandate.

RS 220 new content according to chapter I 2 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
New content according to chapter I 3 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
New content according to chapter I 1 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179). See also the art. 8 to 8b tit. end new content according to ch. I 1 of the October 5 LF. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179). See also the art. 9-11 has tit. end new content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Formerly chapter III.
New content according to chapter I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by c. I 1 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
New content according to chapter I 1 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

Third book: estates first part: Inheritors thirteenth title: lawful heirs art. 457 A. Parents / I. The descendants has. Parents I. The closest heirs descendants are descended.
Children succeed per capita.
Gave children are represented by their descendants, who succeed by strain at all levels.

S. 458 A. Parents / II. The kin of the father and mother II. The kin of the father and mother the heirs of the deceased left no posterity are the father and the mother.
They succeed by head.
The father and the mother predeceased are represented by their descendants, who succeed by strain at all levels.
In the absence of heirs in one of the lines, whole estate is vested in the heirs of the other.

S. 459 A. Parents / III. The kin of grandparents III. The kin of the grandparents the heirs of the deceased that left posterity, or father, or mother, or descendants of them, are the grandparents.
They succeed by head, in each of the two lines.
The predeceased grandparent is represented by his descendants, who succeed by strain at all levels.
Death without descendants of a line paternal or maternal grandparent, his share goes to the heirs of the same line.
Death without descendants of grandparents of a line, the entire estate is vested in the heirs of the other.

S. 460 A parents / IV. Last heirs IV. Last heirs among parents, the last heirs are grandparents and their posterity.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).

S. 461 repealed by c. I 2 of the Federal law of June 25, 1976, with effect from 1 Jan. 1978 (RO 1977 237; FF 1974 II 1). See however art. 12A of the tit. end.

S. 462 B surviving spouse, registered partner surviving B. surviving spouse, registered partner surviving spouse or surviving registered partner is entitled: 1. in contest with the descendants, to half of the estate; 2. in competition with the father, the mother or their posterity, the three quarters; 3. absence of the father, the mother or their posterity to the entire estate.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).
New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).
New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).

S. 463 and 464 repealed by I 2 of the LF ch. October 5. 1984, with effect from 1 Jan. 1988 (1986 122 RO; FF 1979 II 1179).

S. 465 C....

C....

Repealed by c. I 3 of the Federal law of June 30, 1972, with effect from the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 466D. Canton and commune d. Canton and common A lack of heirs, his estate shall go to the Township of the last domicile of the deceased or the municipality designated by the legislation of the canton.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).

Fourteenth title: provisions for cause of death chapter I: of the ability to have art. 467 A. By will A. Will anyone capable of discernment and aged 18 years of age has the right to dispose of his property by will, within the limits and according to the forms established by law.

S. 468 B in a Covenant estate B. In a Covenant estate to conclude an agreement as to succession, with the must be capable of discernment and have at least 18 years.
Persons whose curatorship extends to the conclusion of an inheritance must be authorized by their representative legal.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 469 C provisions void C. provisions null void all provisions made under the influence of an error, a fraud, a threat or violence by their author.
They are however maintained, if it has not revoked them in the year after it discovered the fraud or error, or after it has ceased to be under the empire of the threat or violence.
In the event of manifest error in the designation of persons or things, the erroneous provisions are rectified based on the genuine will of their author, if this willingness can be established with certainty.

Chapter II: The proportion available s. 470. Quotité available / I. Scope A. quota available I. Its scope that leaves of the descendants, his father and mother, spouse or registered partner, has the ability to cause of death which exceed the amount of their reserve.
Apart from these cases, it may have the entire estate.

New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).

S. 471 A percentage of available / II. Reserve II. Reserve the reserve is: 1. for a descendant of three quarters of its right of succession; 2. for the father or the mother, half; 3. for the spouse or the surviving registered partner, half.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).
New content according to Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).

S. 472 A percentage of available / III. …

III....

Repealed by c. I 2 of the Federal law of oct 5. 1984, with effect from 1 Jan. 1988 (1986 122 RO; FF 1979 II 1179).

S. 473 a. available Quotité / IV. Donations for the surviving spouse IV. Donations for the survivors of one of the spouses may, by disposition mortis causa, leave the survivor the usufruct of all vested share to their common children.
This usufruct is the right of succession assigned by law to the surviving spouse in competition with their descendants. In addition to this usufruct, the available quota is a quarter of the estate.
If the surviving spouse remarries, his usufruct ceases to encumber the future part of the estate which, upon the death of the testator, could not be the object of the bequest of usufruct according to the ordinary rules on reservations of the descendants.

New content according to chapter I of the Federal law of 5 oct. 2001, in force since 1 March 2002 (RO 2002 269; FF 2001 1057 1901 1999).
New content according to chapter I of the Federal law of 5 oct. 2001, in force since 1 March 2002 (RO 2002 269; FF 2001 1057 1901 1999).
New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).

S. 474. available Quotité / V. calculation of the available quota / 1. Deduction of debts V. calculation of the available quota 1. Deduction of debts the available quota is calculated depending on the State of the estate on the day of the death.

Are deducted from the assets, debts, funeral expenses, seals and inventory costs and maintenance for a month from people who were common household with the deceased.

S. 475. available Quotité / V. calculation of the available quota / 2. Gifts inter vivos 2. Gifts inter vivos inter vivos gifts are in addition to existing assets, insofar as they are subject to reduction.

S. 476 a. available Quotité / V. calculation of the available quota / 3. Insurance in case of death 3. Insurance death insurance death formed on the head of the deceased and that he has contracted or disposed of to a third party, by Act inter vivos or mortis causa, or it was transferred for free to a third person during his lifetime, are included in the estate for the calculated cash value at the time of the death.

S. 477 B disinheritance / I. Causes B. disinheritance I. Causes the compulsory heir may be disinherited by disposition mortis causa: 1 when he committed a criminal offence against the deceased or one of his relatives; 2. When he was seriously almost to the duties that the law imposes to the deceased or his family.

New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 478 B disinheritance / II. Effects II. Effects the exhérédé cannot claim a share of the estate, nor action reduced.
Its share is vested, when the deceased did not otherwise disposed of, to the heirs of the latter, as if the exhérédé had not survived him.
The descendants of the exhérédé are entitled to their reserve as if he predeceased.

S. 479 B disinheritance / III. Burden of proof III. Burden of proof the disinheritance is valid only if the deceased has given it the cause in the Act which directs.
Proof of the accuracy of this indication will be made, in case of dispute on the part of the exhérédé, by the heir or the legatee that takes advantage of the disinheritance.
If this proof is not made or if the cause of the disinheritance is not indicated, the wishes of the deceased will be carried out to the extent of the available, unless they are the result of error on the cause of the disinheritance.

S. 480 B disinheritance / IV. Disinheritance of an insolvent IV. Disinheritance of an insolvent descendant against which there are acts of defect of goods may be exhérédé for half of its reserve, provided that this half is attributed to her children born or unborn.
The disinheritance lapses at the request of the exhérédé if, during the opening of the succession, there are more acts of default property or if the total amount of the sums for which still exist does not exceed one-quarter of his hereditary right.

Chapter III: Methods to have art. 481 A. In general A. In general the provisions by will or inheritance may include all or part of heritage, within the limits of the available quota.
Property which the deceased had point pass to his heirs.

S. 482 B loads and conditions B. loads the provisions can be charged of loads and conditions, including any interested person has the right to require that as soon as the provisions themselves have deployed their effects.
Is nothing any transfer charges or conditions illegal or contrary to morals.
Shall be deemed unwritten loads and conditions have no meaning or that are purely vexatious for others.
Liberality for cause of death in an animal is deemed to be charge to take care of the animal in an appropriate manner.

Introduced by chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).

S. 483 C institution of heir v. Institution of heir one or more heirs may be established to the universality or a share of the estate.
Any provision relating to the universality or a share of the estate is deemed institution of heir.

S. 484 D. legacy / I. D. legacy I. object the settlor can do, as bequests, donations which carry no institution of heir.
It may either leave an object depending on the estate or the usufruct of all or part of it, or bind his heirs or legatees to make benefits to a person on the value of the goods, or the release of an obligation.
The debtor of the legacy of a given thing which is not found in the estate is released, unless the contrary follows from the provision.

S. 485 D. legacy / II. Issue II. Issuing the thing bequeathed is issued in his State on the day of the opening of the succession, with its deterioration and its increases, free or subject to charges.
The debtor of the legacy has the rights and obligations of a business manager for expenses and damage subsequent to the opening of the succession.

S. 486 D. legacy / III. Relationship between legacy and succession III. Relationship between legacy and estate bequests that surplus is the forces of the estate, or the grant made to the debtor's legacy, or the available quota, can be reduced proportionately.
Bequests are maintained, even when those who need do not survive to the transferor, are declared unworthy or repudiate.
Legal or instituted heir has the right, even in the case of repudiation, to claim the legacy that has been done.

S. 487 E. Substitutions vulgar vulgar E. Substitutions the settlor may designate one or more persons who collect inheritance or bequest if the heir or the legatee predeceases or divorces.

S. 488 f. Substitutions Trustees / I. Designation of conscripts F. Substitutions Trustees I. Designation of conscripts with the entitled to encumber the heir instituted accountability the succession to a third party, the callee.
The same charge cannot be imposed to the callee.
These rules apply to bequests.

S. 489 f. Substitutions Trustees / II. Opening of overriding II. Opening of overriding overriding opens, otherwise, on the death of the collateral.
When another term has been fixed and it has not expired on the death of collateral, the succession passes to the heirs, to load them to provide security.
The estate is definitively acquired to the heirs of the collateral from the moment where, for a cause devolution cannot be accomplished for the callee.

S. 490 f. Substitutions Trustees / III. Security III. Security the competent authority makes inventory of expired in the collateral succession.
Except express waiver on the part of the transferor, the succession is issued to the collateral if it provides securities; When it includes buildings, security may consist in the annotation to the land register of the burden of restitution.
It is appropriate to provide for the administration of the estate office, when the encumbered asset cannot provide security or that it undermines the rights of the callee.

S. 491 f. Substitutions Trustees / IV. Effects of substitution / 1. WS the collateral IV. Effects of substitution 1. WS the collateral the encumbered asset acquires the estate as any other established heir.
He became owner, in charge of restitution.

S. 492 f. Substitutions Trustees / IV. Effects of substitution / 2. To the called party 2. To the callee overriding opens for the callee when he is alive at the end of the burden of restitution.
In the event of predecease the callee, the substituted property are contrary, vest for except the collateral.
The callee is the successor to the transferor, when the encumbered asset dies before the latter is unworthy or repudiates.

S. 492aF. Substitutions Trustees / V. Descendants incapable of discernment V. Descendants incapable of discernment if a descendant is permanently incapable of discernment and it leaves or descendant or spouse, the settlor may order override trustee for the surplus.
Overriding goes right if the descendant, against all expectations, becomes capable of discernment.

Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 493 G. foundations G. foundations the available quota can be devoted in whole or in part, to a foundation.
However, the Foundation is valid if it meets the requirements of the Act.

S. 494 h. succession pacts / I. Institution of inheritance and bequests H. covenants succession I. Institution of heir and bequests the settlor may bind himself in an inheritance to leave his succession or a legacy to the other Contracting Party or any third party.
He continues to freely dispose of its assets.
May be challenged however irreconcilable donations with the commitments resulting from the inheritance and the provisions for cause of death.

S. 495 h. succession pacts / II. Waiver Pact / 1. Scope II. Covenant waiver 1. Scope the settlor may conclude, whether free or not, a Pact of renunciation of succession with one of his heirs.
Renouncing it loses its status as heir.
The Pact is, unless contrary, enforceable against the descendants of renouncing.

S. 496 h. succession pacts / II. Waiver Pact / 2. Fair difficult 2. Fair difficult renunciation is not avenue when, for a cause, the heirs instituted in the deed in lieu of waiving do not collect the succession.

The waiver of the benefit of co-heirs shall be deemed to have no effect that against the heirs of the order formed by the descendants of the common author most close and not entitle to the more distant heirs.

S. 497 h. succession pacts / II. Waiver Pact / 3. Rights of hereditary creditors 3. Rights inherited creditors renouncing it and his heirs may, if the estate is insolvent at the time where it opens and the heirs of the deceased do not pay debts, be searched by hereditary creditors, to the extent of assets that they have received under the personal Covenant during the five years prior to the death of the settlor and which they are still enriched during the devolution.

Chapter IV: The form of the provisions for cause of death article 498. A wills / i. Forms / 1. In general A. Wills I. Forms 1. In general wills can be made either by public deed, in holographic form, or in the oral form.

S. 499. Wills / i. Forms / 2. Public Testament / a. drafting of Act 2. Public Testament a. drafting of the Act the public will is received, with the assistance of two witnesses, by a notary public, a public servant or any other person entitled for this purpose according to cantonal law.

S. 500 a. Wills / i. Forms / 2. Public Testament / b. public assistance officer b. contest of the public officer the settlor indicates his wishes to the public officer; It writes itself or makes them write and then gives them to read to the testator.
The Act will be signed by the settlor.
It will be also dated and signed by the public officer.

S. 501 a. Wills / i. Forms / 2. Public Testament / c. witnesses v. witnesses contest contest immediately the deed signed and dated, the testator said the two witnesses, before the public officer, that he read and this Act contains his last wishes.
By an attestation signed them and added to the Act, witnesses certify that the testator made this statement in their presence and appeared them to be able to have.
The testator may not have knowledge of the content of the Act to the witnesses.

S. 502 a. Wills / i. Forms / 2. Public Testament / d. testator who has neither read nor signed d. testator who has neither read nor signed if the settlor only reads or not sign himself his will, the public officer he read out in the presence of two witnesses and the testator then stated that the Act contains his last wishes.
Witnesses certify, by a signed attestation by them, not only that the testator gave them the above statement and appeared them to be able to have, but that the act he was read in their presence by the public officer.

S. 503 a. Wills / i. Forms / 2. Public Testament / e. persons contributing to the Act e. persons contributing to the Act cannot contribute to the drafting of the testament as officer public or witnesses who do not have the exercise of civil rights, who are deprived of their civic rights by a criminal judgement or who know neither read nor write; can no longer contribute descendants, ascendants, brothers and sisters of the testator, their spouses and the spouse of the testator even.
The official said, and witnesses, as well as their descendants, ascendants, brothers and sisters, spouses, cannot receive gifts in the testament.

The deprivation of civil rights under a penal judgment is abolished (see RO 1971 777; FF 1965 I 569 and RO 1975 55; FF 1974 I 1397).

S. 504 a. Wills / i. Forms / 2. Public Testament / f. deposit the Act f. deposit the Act the cantons cater to keep public officers in original or copy wills that they have received, or submit for deposit to an authority of this care.

S. 505 a. Wills / i. Forms / 3. Holographic form 3. Holographic form the Holograph is written in full, dated, and signed by the hand of the testator; the date is in the words of the year, the month and the day where the Act has been drawn up.
The cantons appealed that the Act, open or closed, can be handed over to an investigating authority to receive the deposit.

New content according to chapter I of the Federal law of June 23, 1995, in force since 1 Jan. 1996 (RO 1995 4882; FF 1994 III 519, V 594).

S. 506 a. Wills / i. Forms / 4. Oral / has. The latter provisions 4. Oral form a. The remaining provisions the testament can be done in the oral form, when, as a result of extraordinary circumstances, the settlor is prevented from testing in another form; Thus, in case of danger of imminent death, communications intercepted, epidemic or war.
The testator said his last wishes to two witnesses, it loads to assess or make Limitée.
The causes of disability of witnesses are the same as for the public will.

S. 507 a. Wills / i. Forms / 4. Oral / b. measures subsequent b. subsequent measures one of the witnesses immediately written last wishes, the date indicating the place, year, month and day, sign, are signed by the other witness and both call this writing without delay into the hands of a judicial authority, claiming that the testator, that appeared them to have told them his last wishes in circumstances where they were received.
The two witnesses may also draw up minutes by the judicial authority under the same assertion as above.
If the remaining provisions come from military service, an officer of the rank of captain or higher can replace the judicial authority.

S. 508 a. Wills / i. Forms / 4. Oral / v. sunset v. lapse the oral testament ceases to be valid, when fourteen days have elapsed since the testator had regained the freedom to use one of the other forms.

S. 509 a. Wills / II. Revoking and deleting / 1. Revocation II. Revocation and cancellation 1. The settlor can revoke his will at any time, provided to observe one of the prescribed forms to test.
The revocation may be total or partial.

S. 510 a. Wills / II. Revoking and deleting / 2. Deletion of Act 2. Removal of the Act the settlor can revoke his will by the abolition of the Act.
When the Act is removed by fortuitous event or the fault of a third party and it is not possible to restore exactly or fully content, will cease to be valid; all damages remains reserved.

S. 511 a. Wills / II. Revoking and deleting / 3. Posterior Act 3. Posterior Act subsequent provisions that revoke not expressly the previous replace them insofar as they are not undoubtedly complementary clauses.
The legacy of a given thing is null and void, where it is inconsistent with an act by which the testator later disposed of this thing.

S. 512 B inheritance / I. form B. Covenant estate I. form the inheritance is valid only if it is received in the form of the public will.
The contracting parties simultaneously declare their commitment to the public officer; they signed the Act before him and in the presence of two witnesses.

S. 513 B inheritance / II. Termination and cancellation / 1. Inter vivos / has. By contract or in the form of a testament II. Termination and cancellation 1. Inter vivos has. By contract or in the form of a will the inheritance can be terminated at any time by written agreement of the parties.
The settlor may cancel its leader the institution of inheritance or legacy, when after the conclusion of the Pact the heir or the legatee is guilty towards him an act which would be a cause of disinheritance.
This cancellation is done in one of the forms prescribed for wills.

S. 514 B inheritance / II. Termination and cancellation / 1. Inter vivos / b. Reason of non-performance b. Reason of breach that the Covenant under the Faculty of claim for benefits inter vivos may terminate the contract in accordance with the law of obligations, if the benefits are not made or guaranteed according to what it had been agreed.

S. 515 B inheritance / II. Termination and cancellation / 2. In the case of survival of the transferor 2. In the case of survival of the settlor the inheritance is terminated of right, when the heir or the legatee does not survive to the transferor.
However, the heirs of the predeceased may, unless otherwise agreed, repeat against having its enrichment at the time of the death.

S. 516 C reduced available quota v. available quota reduced gifts by will or inheritance are point cancelled if, subsequently, freedom to dispose of their author undergoes a decline; they are simply reducible.

Chapter V: the executors s. 517 A designation A. Designation the testator may, by a testamentary disposition, load one or more persons capable of exercising civil rights the implementation of his last will.
The executors of the estate are notified ex officio of the mandate conferred on them and they have 14 days to declare whether they intend to accept it; their silence equals acceptance.
They are entitled to fair compensation.

S. 518 B scope of powers B. scope of authority if the have not ordered otherwise, the executors have the rights and duties of the Official Administrator of an estate.
They are responsible for enforcing the will of the deceased, especially to manage the estate, to pay debts, to make bequests and to sharing in accordance with the orders of the transferor or according to the law.

When several executors have been identified, they shall be deemed received a collective mandate.

Chapter VI: Invalidity and reduction of the provisions of the late s. 519 A. Of the action in nullity / I. inability to have, unlawful or immoral from provision. Of the action in nullity I. inability to have unlawful or immoral provision provisions for cause of death can be cancelled: 1. when they are made by a person incapable of having at the time of the Act; 2. When they are not the expression of a desire free; 3. When they are illegal or contrary to morals, either by themselves or by the conditions which they are taxed.

The action may be instituted by any heir or legatee interested.

S. 520 A. Of the action in nullity / II. Defects of form / 1. In general II. Defects of form 1. In general the flawed provisions of a defect in form are cancelled.
If the defect lies in the competition the Act persons who received themselves or whose family members have received something in the testament, these gifts are only cancelled.
The action in nullity is subject to the rules on disability to have.

New content according to chapter I of the Federal law of June 23, 1995, in force since 1 Jan. 1996 (RO 1995 4882; FF 1994 III 519, V 594).

S. 520aA. of the action in nullity / II. Defects of form / 2. In the case of Holograph 2. In the case of Holograph when the indication of the year, month or agenda for the establishment of a Holograph will is missing or is incorrect, the testament can be cancelled if it is impossible to determine another way the temporal data required in this case, and that the date is necessary to judge the ability test of the author of the Act of priority between several successive provisions or any other matter relating to the validity of the will.

Introduced by chapter I of the Federal law of June 23, 1995, in force since 1 Jan. 1996 (RO 1995 4882; FF 1994 III 519, V 594).

S. 521 A. Of the action in nullity / III. Prescription III. Prescription action prescribed by one year from the day where the applicant had knowledge of the provision and the cause of nullity; in all cases, ten years from the date of the opening of the Act.
It only is prescribed by thirty years against the defendant of bad faith, when the provisions are void because either their illicit or immoral character or of the inability of their author.
The nullity may be invoked at any time by way of exception.

S. 522B. Action to reduce / I. Conditions / 1. In general B. Action in reduction I. Conditions 1. In general the heirs who do not receive the amount of their reserve have action to reduce until due competition against gifts that surplus the available quota.
Lots of legal heirs clauses are required for simple rules of sharing, if the provision does not reveal a contrary intention of its author.

S. 523 B. Action to reduce / I. Conditions / 2. Gifts for bookers 2. Gifts for bookers donations made by provision for cause of death to some of reserving Inheritors, and which exceed the available quota, are reducible between co-heirs proportionally to the amount of which exceeds their reserve.

S. 524 B. Action to reduce / I. Conditions / 3. Right of creditors of an heir 3. Right of creditors of an heir action to reduce, to the extent of the loss, at the mass bankruptcy of the heir injured in its reservation or creditors with against the opening of the succession, an act of default of property, if this heir not brought it after having been summoned to do so. they can introduce it their leader and in the same time as him.
This faculty theirs respect a disinheritance that the exhérédé renounces to attack.

S. 525 B. Action to reduce / II. Effects / 1. In general II. Effects 1. In general the reduction operates at marc franc against all of the instituted heirs and gratifiees others, if the provision does not reveal a contrary intention of its author.
Under this same condition and if the gifts to a person to carry out the legacy are subject to reduction, that person may require that bequests which it is debtor be proportionately reduced.

S. 526 B. Action to reduce / II. Effects / 2. Legacy of a given thing 2. Legacy of a thing determined when the legacy of a given thing which cannot be divided without losing its value is subject to reduction, the legatee is entitled either to deliver the thing against reimbursement of the excess, or to claim the available.

S. 527 B. Action to reduce / II. Effects / 3. With respect to gifts inter vivos / a. case 3. With respect to gifts between sharp a. cases are subject to reduction as gifts for cause of death: 1. gifts inter vivos made as an anticipated inheritance as dowry, establishment or abandonment of goods when they are not subject to the report; 2. those that are made as a liquidation of rights hereditary; 3. the donations that the testator could freely revoke and those that are performed in the five years prior to his death, the use presents excepted; 4. the dispositions made by the deceased with the clear intention to evade the rules concerning the reserve.

S. 528 B. Action to reduce / II. Effects / 3. With respect to gifts inter vivos / b. refund b. refund the beneficiary of good faith is required to render only the value of its enrichment on the day of the opening of the succession.
If part gratified in an inheritance has undergone a reduction, it is allowed to repeat a proportionate share of the compensation made to the transferor.

S. 529 B. Action to reduce / II. Effects / 4. Insurance in case of death 4. Insurance in case of death insurance death formed on the head of the deceased and that obligations disposed of to a third party by Act inter vivos or mortis causa, or that it has forfeited to a third person during his lifetime, are subject to reduction for their redemption value.

S. 530 B. Action to reduce / II. Effects / 5. With respect to gifts of usufruct or annuity 5. With respect to usufruct or annuity donations the heirs of that collateral succession usufruct and annuities to the point that, according to the presumable duration of these rights, their capitalized value would exceed the available proportion, have the choice to reduce up to due competition or free themselves by the abandonment of the available.

S. 531 B of the action to reduce / II. Effects / 6. When overridden 6. When overridden all clauses of substitution are void against the heir, insofar as they affect its reservation; the provision on the unable to descendants of discernment is reserved.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 532 B. Action to reduce / III. Reductions III agenda. Cuts agenda reduction is exercised in first line on the provisions for cause of death, then on gifts inter vivos, upstream of liberality the most recent to the oldest until the reserve is restored.

S. 533B. Action to reduce / IV. Prescription IV. Prescription action reduction prescribed by one year from the day where the heirs know the injury of their reserve and, in all cases, by decade, who run with respect to testamentary dispositions, at the opening of the Act and with respect to other provisions, once the estate is open.
When cancellation of a provision has actually relive a previous deadlines run from the time invalidation has been pronounced.
The reduction may be invoked at any time by way of exception.

Chapter VII: Actions deriving from succession pacts s. 534 a. Droits in the event of transfer inter vivos of the property A. rights in the event of inter vivos transfer of property heir that the settlor was, during his lifetime, in the possession of its property under an inheritance may make an inventory with public demand.
If the settlor has not transferred all of its assets, or if it has acquired new, the inheritance does not extend, all contrary clauses reserved only to assets which the transfer took place.
To the extent where there were transfer inter vivos, the rights and obligations deriving from the contract spend, all contrary clauses for the succession of the instituted heir.

S. 535 B reduction and refund / I. Reduction B. Reduction and refund I. Reduction when benefits the settlor made by inter vivos to heir relinquishing surplus available quota, the reduction can to be requested by the other heirs.
Is, however, subject to reduction the amount of which exceeds the reserve of renouncing.
Benefits are attributed to the waiver of according to the applicable rules concerning report.

S. 536 B reduction and refund / II. Return II. Refund renouncing it obliged by the reduction to render all or part of the benefits that the settlor has made to him, the faculty to choose between that refund and the report that he received; in the latter case, it intervenes at sharing as if it had not given up.

Second part: the vesting


Fifteenth title: the opening of succession article 537. A Cause of opening A. Cause of opening the succession opens with death.
Shares inter vivos and donations are appreciated, as they interested the succession, according to the State on the day of its opening.

S. 538 B instead of opening B. place the succession opening opens to the last domicile of the deceased, for all goods.


New content according to Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).
Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 539 C effects of opening / I. capacity to receive / 1. Enjoyment of rights civilians C. effects of opening I. ability to receive 1. Enjoyment of civil rights can be heirs and acquire all those who are not legally unable to receive by will or inheritance.
Gifts for a purpose determined to a group of people which has no legal personality are acquired these people individually, under the load applied to the prescribed purpose or, if this is not possible, incorporated foundations.

S. 540 C effects of opening / I. capacity to receive / 2. Indignity / a. Causes 2. Indignity a. Causes are unworthy to be heirs or acquire by provision for cause of death: 1. any person who, intentionally and without right, killing or attempting to kill the deceased; 2. person who, intentionally and without right, put the deceased in a State of incapacity permanent test; 3. one who, by deceit, threats or violence, induced the deceased either to make or to revoke a provision of last will, or which prevented; 4. one who has concealed or destroyed deliberately and without law a provision of the deceased, in circumstances such that it was unable to redo it.

Forgiveness actually stop the indignity.

S. 541 C effects of opening / I. capacity to receive / 2. Indignity / b. effects against descendants b. effects with respect to descendants the indignity is personal.
The descendants of him unworthy succession as if their author was predeceased.

S. 542 C effects of opening / II. The point of survival / 1. The heirs II. The point of survival 1. The heirs cannot be heir who survives the deceased and who has the ability to succeed.
Rights of the heir who died after the opening of the succession passed to his heirs.

S. 543 C effects of opening / II. The point of survival / 2. Legatees 2. The legatees legatee has right to the thing bequeathed if he survives the deceased and has the ability to succeed.
If he predeceases his legacy benefits that would have been responsible to pay, unless proof is made that a contrary intention of the settlor is the result of the Act.

S. 544 C effects of opening / II. The point of survival / 3. Designed kids 3. Designed children designed child is able to succeed, if it is born live.
If the safeguarding of the interests of the child so requires, the child protection authority appoints a curator.
The stillborn child was not succeeded.

Introduced by c. I 2 of the Federal law of Dec. 19. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 545 C effects of opening / II. The point of survival / 4. 4 overridden. When overridden heredity itself, or a thing thereon, may be left with a substitution clause to a person who is not living at the opening of the succession.
The heirs have the quality of collateral, if the deceased has not disposed in otherwise.

S. 546 d Declaration of absence / I. Succession of absent / 1. Sending in possession and security D. Declaration of absence I. Succession of absent 1. Sending in possession and security when a person is declared absent, the heirs or other beneficiaries will provide guarantees, before sending in possession, to ensure the possible restitution of property or to others with better rights, either to absent himself.
These guarantees are provided, in the case of disappearance of the absent in danger of death, for five years, in case of disappearance without news, for fifteen years, and, at most, to the time where the absent would have reached the age of 100.
Five years run once in possession, the fifteen years from the latest news.

S. 547 D. Declaration of absence / I. Succession of absent / 2. Return 2. Restitution envoys in possession are required to make the succession to the absent when it comes to reappear or third parties who argue preferable rights; the possession rules are applicable in one or the other case.
If they are in good faith, are required to return to the third party with preferable rights during the period of the action in petition of inheritance.

S. 548 d Declaration of absence / II. Right of succession of an absent II. Right of succession of an absent there should be administering Office share of the missing heir of which neither the existence nor the death on the day of the opening of succession cannot be proven.
Those which share of the missing heir would be devolved to its default may, a year after the event in which it disappeared in danger of death or five years after the latest news, ask the judge that he pronounces the declaration of absence and then sending in possession.
This share will be issued according to the rules applicable to the consignment in the possession of the heirs of an absent.

S. 549 D. Declaration of absence / III. Correlation between both cases III. Correlation between the two cases when heirs to an absent got sent in possession of his property and a succession it is vested, his co-heirs may invoke the benefit of this shipment and are exempt from again requiring the declaration of absence to deliver goods that have expired it.
The heirs of the absentee may likewise invoke the benefit of a declaration of absence at the request of his joint-heirs.

S. 550 d Declaration of absence / IV. Office IV procedure. Office procedure the declaration of absence is pronounced ex officio, at the request of the competent authority, when the property of the missing person or its share in a succession were administered Office for ten years, or when that person would have reached the age of 100.
If no copyright arises within the time of the summons, goods pass to the canton or municipality which succeed in the absence of heirs, or, if absent has never been domiciled in Switzerland, in his canton of origin.
The canton or commune remains accountable towards the absent or third parties having better rights, according to the same rules as envoys in possession.

Sixteenth title: the effects of devolution chapter I: of the security measures art. 551A. In general A. In general the competent authority is required to take ex officio measures to ensure devolution of heredity.
These measures are, in the cases provided by law, the affixing of seals, inventory, office administration and the opening of wills.


New content according to Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).
Repealed by Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, with effect from 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 552 B sealing B. sealing seals are affixed in the cases provided for by cantonal laws.

S. 553 C inventory C. inventory the Authority made an inventory: 1. when a minor heir is supervised or must it be; 2. If there is no extended by an heir who has not appointed a representative; 3. at the request of an heir or the protection of the adult; 4 authority. When a major Crown is placed under guardianship of generality or should be.

The inventory is prepared in accordance with cantonal laws and, in General, within the two months of death.
Cantonal legislation may prescribe inventory in other cases.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 554 D. Administration of office of succession / I. In general d. Administration of office of the estate I. In general the Authority directs the administration of the estate office: 1. in the event of extended absence of an heir who has not left of Attorney powers, if this measure is controlled by the interests of the absent; 2. When none of those who claim to the estate can provide sufficient proof of his rights, or if it is uncertain that there is an heir; 3. When all the heirs of the deceased are not known; 4. in the other cases provided for by law.

If an executor appointed, administration of heredity is delivered.
If a person placed under a guardianship encompassing the management of heritage dies, the trustee administers the estate, unless it unless otherwise ordered.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 555 d Administration of the estate office / II. When the heirs are unknown II. When the heirs are unknown when the authority ignores if the deceased has left the heirs or when it does not have the certainty of knowing them all, it invites the assigns, by summons duly published, to make their statement of heir within one year.

The succession passes to the township or municipality, if the authority receives no statement within this period and there is no known heirs of her; the action in petition of inheritance remains reserved.

S. 556 E. opening of wills / I. Obligation to communicate E. opening of wills I. Obligation to communicate the testament discovered during the death is given without delay to the competent authority, even appears vitiated by nullity.
Shall, as soon as they have knowledge of the death, to meet this requirement, under their personal responsibility: the public officer who drew up act or receipt deposit of a will and anyone who has accepted custody or has found one of the effects of the testator.
After the reset of the testament, the authority sends the legal heirs in provisional possession of the property or directs the administration of office; If possible, the persons concerned will be heard.

S. 557 E. opening of wills / II. Opening II. Opening the testament is open by the competent authority in the month following the delivery of the Act.
The heirs known to the authority are invited to the opening.
If the deceased left multiple wills, they are all deposited in the hands of the authority, and it proceeded to their opening.

S. 558 E. opening of wills / III. Communication entitled III. Communication to those claiming all those who have rights in succession receive, at the expense of it, copy testamentary clauses concerning them.
Those who have no known address are advised by duly published summation.

S. 559 E. opening of wills / IV. Delivery of the IV property. Delivery of the property after the expiration of the month following the communication to stakeholders, the instituted heirs whose rights have not been expressly contested by the heirs or persons rewarded in an older provision can claim authority proof of their capacity as heirs; all actions in nullity and petition of inheritance remain reserved.
If necessary, the administrator of the estate will be responsible at the same time to deliver it.

Chapter II: The acquisition of succession article 560. Acquisition / I. heirs A. Acquisition I. heirs Inheritors acquire full universality of the estate as soon as it is opened.
They have before them the claims and actions, rights of ownership and other real rights, as well as goods which were in the possession of the deceased, and they are personally required its debts; the whole subject to the exceptions provided by law.
The effect of the acquisition by the instituted heirs goes back to the day of the death of the settlor and the legal heirs are required to make their succession according to the rules applicable to the owner.

S. 561 A acquisition / II...

II...

Repealed by c. I 2 of the Federal law of oct 5. 1984, with effect from 1 Jan. 1988 (1986 122 RO; FF 1979 II 1179).

S. 562. Acquisition / III. Legatees / 1. Acquisition of the legacy III. Legatees 1. Acquisition of the legacy the legatees have a personal action against the debtors of the legacy or debtors specially designated, against the legal heirs or established.
This action is theirs, if a contrary intention does not result from the will, as soon as the debtors of the legacy have accepted succession or may not divorce her.
The heirs who do not meet their obligations to the legatees can be operated either in issuance of the bequeathed property, or damages if the legacy is in the execution of an act any.

S. 563. Acquisition / III. Legatees / 2. Object of the legacy 2. Object of the legacy unless otherwise, legacies of usufruct, as well as the legacies of annuities or other periodic benefits are subject to the rules concerning the actual rights and obligations.
When the legacy is in a death insurance incorporated on the head of the settlor, the legatee may assert his rights directly.

S. 564. Acquisition / III. Legatees / 3. Rights of creditors 3. Rights of creditors rights of the creditors of the deceased prevail over those of the legatees.
The personal creditors of the heir have the same rights as those of the deceased, when the debtor accept purely and simply the succession.

S. 565. Acquisition / III. Legatees / 4. Reduction 4. Reduction the heirs who, after the issuance of the legacy pay hereditary debts to them unknown previously have the right to exercise a proportional against legatees rehearsal, insofar as they could claim the reduction of legacy.
The legatees can however be searched beyond their enrichment on the day of the rehearsal.

S. 566 B repudiation / I. statement to this effect / 1. Faculty of divorce B. Repudiation I. statement to this effect 1. Faculty to repudiate the legal heirs or established shall be entitled to repudiate the succession.
The succession is supposed to repudiated when the insolvency of the deceased was notorious or officially determined at the time of death.

S. 567 B repudiation / I. statement to this effect / 2. Time / has. In general 2. Delay has. In general the deadline for divorce is three months.
He runs to the lawful heirs, from the day where they are aware of the death, unless they prove have known nothing but later their capacity as heirs; for the established from the day where they have been informed officially of the provision made in their favour.

S. 568B repudiation / I. statement to this effect / 2. Time / b. In the case of inventory b. In the event of inventory when an inventory was made as an interim measure, the repudiation period starts to run for all the heirs from the day where the closing of the inventory was brought to their attention by the authority.

S. 569 B repudiation / I. statement to this effect / 3. The transmission of the right to repudiate 3. Transmission of the right to repudiate the right to repudiate that dies before choosing passes to his heirs.
In this case, short time to repudiate the day where they knew that the estate had expired their author and expires at the earliest at the end of the time limit to repudiate his own succession.
If the repudiated estate shall go to heirs who were not right previously, in their regard short time to repudiate the day where they have knowledge of the repudiation.

S. 570 B repudiation / I. statement to this effect / 4. Form 4. Form the repudiation is done by a written or verbal statement of the heir to the competent authority.
It must be done without condition or qualification.
The Authority maintains a registry of the repudiations.

S. 571 B repudiation / II. Forfeiture of the right to repudiate II. Forfeiture of the right to repudiate the heirs who repudiate not within the fixed period acquired the estate purely and simply.
Has been deprived of the right to repudiate the heir who, before the expiration of the time limit, is interfering in the Affairs of the estate, acts other than acts necessitated by simple administration and the continuation of these affairs, entertains or conceals assets of heredity.

S. 572 B repudiation / III. Repudiation of one of the co-heirs III. Repudiation of one of the heirs when the deceased left no provisions for cause of death and that repudiates one of his heirs, the share of renouncing lies as if he had not survived.
If there are provisions for cause of death, the part of the instituted heir who repudiates changes to legal heirs closest to the deceased, when provisions do not indicate a contrary intention of their author.

S. 573 B repudiation / IV. Repudiation of all closest heirs / 1. General IV. Repudiation of all the heirs nearest 1. In general succession repudiated by all heirs of the nearest rank is wound-up by the office of bankruptcy.
The balance of the liquidation, after payment of debts, amounts to beneficiaries, as if they had not repudiated.

S. 574 B repudiation / IV. Repudiation of all closest heirs / 2. Law 2 for survivors. Right of the surviving spouse when the succession is repudiated by the descendants, the surviving spouse shall be notified by the authority, and it has a month to accept.

S. 575 B repudiation / IV. Repudiation of all closest heirs / 3. Renunciation in favour of distant heirs 3. Repudiation in favour of heirs far in repudiating the estate, the heirs may ask that prior to the liquidation heirs coming immediately after them are implemented remains to decide.
In such cases, they are officially notified of repudiation. their non-acceptance within one month equals a repudiation.

S. 576 B repudiation / V. extension of time V. extension of time for proper reasons, the competent authority may grant an extension of time or set a new time limit to the legal heirs instituted.

S. 577 B repudiation / VI. Repudiation of the legacy VI. Repudiation of the repudiation of the legacy legacy benefits which must, if clause does not reveal a contrary intention of its author.

S. 578 B repudiation / VII. Protection of the rights of the creditors of the heir VII. Protection of the rights of the creditors of the heir when obere heir repudiates to harm its creditors, they or the mass in bankruptcy have the right to attack the repudiation within six months, unless security is provided.
There is place at official liquidation, if the invalidity of the repudiation was delivered.

Active surplus is intended in first line for pay the applicants creditors; It is then used to pay other creditors and the balance returned to the heirs in favor of which the repudiation occurred.

S. 579 B repudiation / VIII. Liability in case of repudiation VIII. Liability in case of repudiation the creditors of an insolvent estate can find the heirs, notwithstanding their repudiation, insofar as they have received from the deceased, during the five years preceding the death, property which had been subject to report in the event.
No action is given to creditors because the usual benefits of establishment by marriage or education and training expenses.
The heirs of good faith are bound only to the extent of their enrichment.

Chapter III: of the benefit of inventory article 580 A terms A. Conditions the heir who has the right to repudiate may claim the benefit of inventory.
Its application will be made to the competent authority within a period of one month; forms to be observed are those of repudiation.
The request of one of the heirs benefits others.

S. 581 B procedure / I. inventory B. Procedure I. inventory the inventory is prepared by the competent authority according to the rules set by cantonal laws. It features a State of the assets and liabilities of the estate, with estimate of all property.
Anyone who has information on the financial situation of the deceased must under his responsibility and given to the authority, if it requires it.
The heirs are required, in particular, to report to the authority the debts of the succession to them known.

S. 582 B procedure / II. Public summons II. Public summons the authority inventory made public warnings necessary to invite the creditors and debtors of the deceased, including creditors under bonds, to produce their claims and declare their debts within a specified period.
It makes the creditors pay attention to legal result of the failure to produce.
The delay is a month at least from the first publication.

S. 583 B procedure / III. Receivables and debts inventoried office III. Receivables and debts office inventoried the receivables and debts resulting from public records or papers of the deceased are inventoried Office.
Creditors and debtors are informed of inventory.

S. 584 B procedure / IV. Results IV. Result inventory is closed after the expiry of the period and can be accessed for at least one month by interested parties.
The costs are borne by the estate, and in failure thereof, by the heirs who have requested inventory.

S. 585 C situation of the heirs during the inventory / I. Administration v. Situation of the heirs during the I. Administration do will be made during the inventory, that necessary acts of administration.
Permitting authority that the Affairs of the deceased are continued by one of the heirs, others may require security.

S. 586 C situation of the heirs during the inventory / II. Prosecution and trial; requirement II. Prosecution and trial; prescription during inventory, the debts of the estate may be subject to no further.
The prescription does not run.
Except in cases of emergency, ongoing trials are suspended and it can't be brought new.

S. 587 D. effects / I. deadline for siding D. effects I. time limit to take advantage after the closing of the inventory, each heir is compelled to take sides in a period of a month.
The competent authority may extend the period for new estimates, for the settlement of disputes and in other similar cases, if the extension is justified by the circumstances.

S. 588 d. effects / II. Declaration of the II heir. Declaration of heir the heir has, within the fixed period, the faculty to repudiate, require the official liquidation, to accept the succession under benefit of inventory or to accept purely and simply.
His silence equals acceptance under benefit of inventory.

S. 589 d. effects / III. Effects of acceptance under benefit of inventory / 1. Responsibility according to inventory III. Effects of acceptance under benefit of inventory 1. Responsibility according to the inventory in case of receiving acceptance, the succession passes to the heir with the debts incurred by the inventory.
The effects of this transfer back to the day of the opening of the succession.
The heir answers, both on the assets of the estate on its own property, debts brought to inventory.

S. 590 d. effects / III. Effects of acceptance under benefit of inventory / 2. Responsibility beyond inventory 2. Responsibility beyond inventory creditors of the deceased who are not listed in the inventory for failing to produce timely can search the heir neither personally nor on the assets of the estate.
Heir remains obligated however, to the extent of his enrichment, to the creditors who omitted to produce without their fault or whose claims, though, have not been brought to the inventory.
In all cases, the creditors can enforce their rights, as they are guaranteed by pledges on the assets of the estate.

S. 591 E. liability under guarantees E. liability under guarantees the guarantees of the deceased are credited separately to inventory; heirs not to respond, even if they accepted purely and simply, to the extent of the dividend that would be due to guarantees in case of liquidation of the hereditary liability according to the rules of the bankruptcy.

S. 592 f. devolved succession to the canton or the municipality F. devolved succession to the canton or common any vested estate to the canton or commune is inventoried Office according to the above rules and the heir is liable up to his fee.

Chapter IV: The official liquidation art. 593. Conditions / I. At the request of an heir A. Conditions I. At the request of an heir the heir may, instead of deny or accept under benefit of inventory, require the official liquidation of the succession.
It is not right to this request, if one of the heirs accept purely and simply.
Official liquidation, the heirs are not debts of the estate.

S. 594. Conditions / II. At the request of the creditors of the deceased II. At the request of the creditors of the deceased the creditors of the deceased who have serious reasons to fear that they are not paid may require the official liquidation within three months from the death or the opening of the testament, if, at their request, they are not disinterested or don't get security.
Legatees are allowed, under the same circumstances, to require provisional measures for the safeguarding of their rights.

S. 595b procedure / I. Administration B. Procedure I. Administration official liquidation is made by the competent authority, which may also load this care one or several directors.
It opens with an inventory, with public demand.
The administrator is placed under the control of the authority and the heirs can use it against the planned measures or taken by him.

S. 596 B procedure / II. Ordinary way of liquidation II. Ordinary way of liquidation the liquidation includes regulation of the day-to-day affairs of the deceased, the performance of its obligations, the recovery of receivables, payment of legacies to the extent of assets and, as necessary, the judicial recognition of its rights and its commitments, as well as the realisation of assets.
The sale of real property of the deceased is at public auction, unless all heirs are agree that it takes place by mutual agreement.
The heirs may request that all or part objects or the cash which are not necessary to liquidate the estate they are issued already during the liquidation.

S. 597 B procedure / III. Liquidation under bankruptcy III rules. Liquidation under the bankruptcy rules the liquidation of insolvent estates is done by UNRWA under bankruptcy rules.

Chapter V: action in petition of inheritance article 598 A terms A. Conditions action in petition of inheritance belongs to anyone who feels entitled to assert, as a legal or instituted heir, a succession or goods that depend on it, preferable to those of the owner rights.


Repealed by chapter II 3 of Schedule 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 599 B effects B. effects the owner renders according to the rules of the possession to the plaintiff who succeeds, the estate or property that depend on.
The defendant may oppose the petition of inheritance action acquisitive prescription.

S. 600 C prescription C. limitation action in petition of inheritance prescribed against the possessor in good faith by one year from the day where the applicant had knowledge of his best right and the possession of the defendant; in any case, by decade, which run upon death or upon the opening of the testament.
It is prescribed by thirty years against the possessor in bad faith.

S. 601 D. Action of the legatee D. Action of the legatee the action of the legatee is prescribed by ten years from either agenda when he was notified of liberality, to the day where his legacy became payable subsequent to notice.

Seventeenth title: sharing chapter I: of the estate before sharing


S. 602. Effets of the opening of the succession / I. hereditary community A. effects of the opening of succession I. Community hereditary if there are several heirs, all the rights and obligations included in the succession remains undivided until the sharing.
The heirs are owners and have in common goods that depend on the estate, unless the representation and administration rights reserved by contract or law.
At the request of one of the heirs, the competent authority may appoint a representative of the hereditary community until the moment of sharing.

S. 603. Effets of the opening of the succession / II. Liability of heirs II. Liability of heirs the heirs are bound jointly and severally for the debts of the deceased.
Insofar as it does not exceed the possibilities of the estate, the fair compensation due to children or grandchildren at the rate of benefits provided to the common household that they formed with the deceased, is included in the debts thereof.

Introduced by c. I 1 of the Federal law of Oct. 6. 1972, in force since 15 Feb. 1973 (1973 93 RO; FF 1970 I 813, 1971 I 753).

S. 604 B action in partition B. Action in partition each heir has the right to request at any time the share of the estate, unless it is conventionally or legally bound to remain in undivided ownership.
At the request of an heir, the judge may order that it be suspended provisionally to the share of the estate or certain objects, if the value of the property should be significantly diminished by an immediate liquidation.
The heirs of an insolvent peuvent, immediately open succession, require provisional measures for the safeguarding of their rights.

S. 605 C v. adjournment of sharing adjournment of the sharing if it is necessary to take into consideration the rights of a child conceived, sharing is adjourned until the birth.
As it needs for its maintenance, the mother is entitled in the meantime to enjoyment of undivided property.

S. 606 D. rights of those who were common household with the deceased D. rights of those who were common household with the deceased heirs who, at the time of death, were housed and fed in the home and at the expense of the deceased may require that the estate supports these charges for a month.

Chapter II: sharing mode s. 607 A. In general A. In general the legal heirs share on the same basis among themselves and with the instituted heirs.
They freely agree to the sharing mode, unless it unless otherwise ordered.
The owners of the estate or debtors of the deceased heirs are required to provide in respect of specific information when sharing.

S. 608 B rules for sharing / I. provisions of the late B. I. provisions of the deceased settlor sharing rules may, by will or inheritance, prescribing his heirs some rules for sharing and the formation of the lots.
These rules are binding on the heirs, subject to restore, if necessary, equal lots to which the settlor would not have had the intention to undermine.
The allocation of an object from the estate to one of the heirs is not considered legacy, but simple sharing rule, if the provision does not reveal a contrary intention of its author.

S. 609 B rules for sharing / II. Competition authority II. Assistance of the authority any creditor who acquires or seizes share due to an heir, or that has against him an act of default of property, may ask the authority to intervene in sharing in place and place of this heir.
Cantonal legislation may prescribe in other cases even the intervention of the authority sharing.

S. 610 C mode of sharing / I. equal rights of Inheritors v. the sharing Mode I. equality of rights of the heirs except as otherwise provided, the heirs have in sharing an equal right to all assets of the estate.
They are required to communicate on their situation to the deceased, all the information required to enable a fair and equal distribution.
Each heir may request that debts be paid or guaranteed before sharing.

S. 611 C mode of sharing / II. Composition of the batch II. Composition of the lots was the composition of as many lots as there are heirs or entitled to dividend strains.
Fouls by the heirs to agree, each of them may request the competent authority to form lots; It takes into account local practices, to the personal situation of the heirs and the wishes of the majority.
The heirs agree to the allocation of lots; otherwise, the lots are drawn.

S. 612 C mode of sharing / III. Allocation and sale of certain hereditary property III. Allocation and sale of certain hereditary property the estate assets that can be shared without a significant decrease in their value are allocated to one of the heirs.
Property to the share or the allocation of which the heirs cannot agree are sold and the price is distributed.
The sale is at auction, if one of the heirs request; in such cases, fault by the latter to agree, the competent authority requires that the auction will be public or that they will take place between heirs.

S. 612aC. the share Mode / IV. Allocation of housing and the surviving spouse IV household furniture. Allocation of housing and furniture household furniture or household to the surviving spouse when the estate includes the House or the apartment occupied by the spouse, the surviving spouse may request that ownership of these assets is attributed by posting on its part.
At the request of the surviving spouse or other legal heirs, the surviving spouse may, if the circumstances warrant, be given in lieu of the property, a usufruct or a right to housing.
The surviving spouse cannot enforce these rights on the premises in which the deceased was exercising a profession or carrying on a business if they are necessary for a descendant to continue this activity. the peasant estate law are reserved.
This article applies mutatis mutandis to registered partners.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).
Introduced by Chapter 8 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).

S. 613 D. rules relating to certain objects / I. objects forming a whole, family papers D. rules relating to certain objects I. forming a whole, family papers objects which, by their nature, form a whole are point shared, if one of the heirs is opposed.
Family papers and things that have a value of affection are not sold, if one of the heirs is opposed.
If they cannot agree, the authority decides the sale or assignment of these objects with or without charge, taking into account local customs and absence of uses, the personal situation Inheritors.

S. 613aD. rules relating to certain objects / I. inventory I. inventory if, on the death of the farmer for farming, one of his heirs continued only the lease, it may request that all movable property (livestock, equipment, provisions, etc.) it is allocated to the value they represent to operate in posting on his hereditary share,.

Introduced by art. 92 c. 1. BA from oct 4. 1991 on rural land law, in force since 1 Jan. 1994 (1993 1410 RO; FF 1988 III 889).

S. 614 D. rules relating to certain objects / II. Debts of the deceased against the heir II. Debts of the deceased against the heir claims the deceased was against one of the heirs are imputed on the part of.

S. 615 D. rules relating to certain objects / III. Estate collateral guarantees III. Property of the estate collateral guarantees the heir to which are allocated in the collateral guarantees for debts of the deceased will be responsible for these debts.

S. 616 repealed by art. 92 ch. 1 LF of 4 oct. 1991 on rural land law, with effect from 1 Jan. 1994 (1993 1410 RO; FF 1988 III 889).

S. 617D. rules relating to certain objects / IV. Buildings / 1. Recovery / a. allocator IV. Buildings 1. Recovery a. allocator buildings shall be charged on the hereditary units to the dollar value that they have at the time of sharing.

New content according to art. 92 ch. 1 LF of 4 oct. 1991 on rural land law, in force since 1 Jan. 1994 (1993 1410 RO; FF 1988 III 889).

S. 618 D. rules relating to certain objects / IV. Buildings / 1. Recovery / b. Procedure b. Procedure when the heirs cannot agree on the price of licensing, it is fixed by official experts.


New content according to ch. II 3 of Schedule 1 to the CPC from 19 Dec. 2008, in force since 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).
Repealed by c. I 1 of the Federal law of Oct. 6. 1972, with effect from Feb 15. 1973 (1973 93 RO; FF 1970 I 813. 1971 I 753).

S. 619D. rules relating to certain objects / V. enterprises and agricultural buildings V. enterprises and agricultural buildings the resumption and the imputation of enterprises and agricultural buildings are governed by the Federal Act of 4 October 1991 on rural land law.

New content according to art. 92 ch. 1 LF of 4 oct. 1991 on rural land law, in force since 1 Jan. 1994 (1993 1410 RO; FF 1988 III 889).
RS 211.412.11 s. 620 to 625 repealed by art. 92 ch. 1 LF of 4 oct. 1991 on rural land law, with effect from 1 Jan. 1994 (1993 1410 RO; FF 1988 III 889).

Chapter III: Reports


S. 626. Obligation to report A. Obligation to report the legal heirs are required towards the other to report all donations inter vivos received as an anticipated inheritance.
Are subject to the report, fault by the deceased to have expressly provided otherwise, the constitutions of dot, expenses, abandonment of property, debt forgiveness and other similar benefits made for descendants.

S. 627 B report incapacity or repudiation B. report incapacity or repudiation when an heir loses its quality before or after the opening of the succession, those who take its part are submitted to the report in his place.
The descendant is required to report the gifts to his ancestors, even if they are point received.

S. 628 C conditions / I. Nature or less taking v. Conditions I. In nature or at least taking the heir has the option to report in-kind goods received or to impute the value, even when the surplus donations the amount of its hereditary share.
The other provisions of the deceased and action to reduce rights remain reserved.

S. 629 C conditions / II. Donations exceeding the hereditary portion II. Donations exceeding the portion inherited when donations surplus the amount of hereditary share, the surplus subject to reduction, action is not subject to the report, if the evidence can be made that this was the will of with.
The exemption of report is presumed to made preparation, insofar as common costs, to the benefit of descendants, at their wedding.

S. 630 C conditions / III. Method of calculating III. Method of calculating the report takes place based on the value of gifts on the day of the opening of the succession or the sale price of the previously insane things.
With the collected fruits, the expenses and damage, the heirs have rights and obligations of the owner.

S. 631 D. costs of education D. costs of education expenses made for the education and instruction of children are reportable, if a contrary intention of the deceased is not proven, only to the extent they surplus the usual costs.
Children who are not high at the time of the death or who are infirm collect fair compensation when sharing.

S. 632 E. use E. use Presents Presents the use presents are not subject to the report.

S. 633 repealed by chapter I 1 of the LF of oct 6. 1972, with effect from Feb 15. 1973 (1973 93 RO; FF 1970 I 813. 1971 I 753).

Chapter IV: The closing and the effects of sharing art. 634. Clôture sharing / I. Convention sharing A. closing share I. sharing Convention sharing requires the heirs as soon as lots were made and received or that the Act of sharing has been passed.
This Act is valid unless it is made in written form.

S. 635. Clôture sharing / II. Convention on hereditary units II. Convention on hereditary shares the written form is required for assignments of successive rights between heirs.
The agreements made between one of the co-heirs and one third do give it no right to intervene in sharing; the third party cannot claim the share attributed to his assignor.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).

S. 636. Clôture sharing / III. Covenants on unopened succession III. Covenants on unopened succession are null and void all contracts the subject of unopened succession, by an heir with his joint-heirs or a third party, without the participation and consent of that which heredity was the subject of the convention.
Made under a similar agreement are subject to repetition.

S. 637 B warranty between co-heirs / I. resulting Obligations B. warranty between co-heirs I. resulting Obligations after sharing, the co-heirs remain guarantors each other according to the rules of the sale.
They will guarantee the existence of claims divided among them and respond, as simple bonds, the solvency of debtors to a maximum of the amount for which such claims have been counted to share, at least however whether of securities listed on the stock exchange.
The action in warranty prescribed by one year; the short time sharing or when the indebtedness, if it is later on sharing.

S. 638 B warranty between co-heirs / II. Rescission of the II Division. Rescission of sharing sharing can be rescinded for the same causes as contracts.

S. 639 C liability coverage / I. solidarity v. responsibility towards the third I. solidarity Inheritors shall severally, even after sharing and on all their property, debts of the estate, unless the creditors of these don't have expressly consented or division or the delegation of these debts tacitly.
Solidarity however stops after five years; the short time sharing or when the indebtedness, if it is later on sharing.

S. 640 C liability coverage / II. Claims between heirs v. responsibility towards third parties / II. Use among heirs II. Claims between heirs the heir who has paid a debt which it has not been loaded or a share of debt than that for which it is obliged to, has a right of recourse against his co-heirs.
This remedy is exercised in the front line against the heir who is responsible for the debt when sharing.
Inheritors contribute, unless otherwise agreed, to the payment of debts in proportion to their hereditary share.

Fourth Book: rights in rem first part: the eighteenth title property: provisions general article 641. Eléments property law / I. In general a. Elements of the right of property I. In general the owner of a thing has the right to dispose freely, within the limits of the law.
It can claim against anyone who holds no right and repel any usurpation.

New content according to chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).

S. 641aA. Elements of ownership / II. Animals II. Animal animals are not things.
Except as otherwise provided, the provisions applying to things are also valid for animals.

Introduced by chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).

S. 642 B extent of ownership / I. The parties intégrantes B. scope of the right of ownership I. Part owner of a thing is what an integral part.
An integral part which, according to local usage, an essential element of the thing and can't be separated without destroying, damaging or corrupting.

S. 643 B extent of ownership / II. Natural fruits II. Natural fruit the owner of a thing is also natural fruits thereof.
These fruits are periodic and any products that use allows to shoot the thing depending on its destination.
Natural fruits are an integral part of the thing until their separation.

S. 644 B extent of ownership / III. Accessories / 1. Setting III. Accessories 1. Definition any Act provision relating to the main thing extends to Accessories, if the contrary has been reserved.
Are accessories movable objects which, according to local usage or the clearly expressed will of the owner of the principal thing, are affected in a sustainable manner the operation, the enjoyment or custody thereof and it has joints, adapted or related to the service of the thing.
Accessories do not lose their quality when they are temporarily separated from the main thing.

S. 645 B extent of ownership / III. Accessories / 2. Exception 2. Exception household effects which are assigned temporarily to the use of the owner of the principal thing, or are intended to be consumed by him, those who are foreign to the nature of the thing and those attached to it to be kept or filed at end of sale or lease, cannot have the quality of accessories.

S. 646 C property of several on one thing / I. condominium / 1. Relationship between co-owners v. property of several on one thing I. condominium 1. Relations between the co-owners when several people have, each for its share, the property of something which is not materially divided, they are co-owners.
Their assessments are presumed to be equal.
Each of the co-owners have rights and charges of the owner because of his hand, he can alienate or pledge and that its creditors may seize.

S. 647 c. property of several on one thing / I. condominium / 2. Regulation of use and administration 2. Regulation of use and administration co-owners may agree on a regulation operating and administration derogating from the legal provisions and provide that it may be amended by a majority of the co-owners.
The amendment of the provisions of the regulations of use and administration relating to the allocation of rights of use must also be approved by the directly concerned owners.
The regulation may remove or limit the right of each joint owner:

1. to request that the acts of administration necessary for the maintenance of the usefulness of the thing and the value are executed and, if necessary, ordered by the judge; 2. to take itself, at the expense of the co-owners, the urgent measures required to preserve the thing of imminent injury or worsening.

New content according to chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 647aC. property of several on one thing / I. condominium / 3. Proceedings of day-to-day administration 3. Current administrative acts each co-owner has quality to the current administrative acts, such as maintenance repairs, work culture and harvest, guard and monitoring of short duration, as well as to enter into contracts for that purpose and functions arising from these contracts, rent and farm leases or contracts of companies, including the power to pay and collect money for all of the co-owners.
By a decision taken by the majority of all owners, the jurisdiction to make the acts of business administration can be set otherwise, subject to the provisions of the Act relating to necessary and urgent measures.

Introduced by chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 647bC. property of several on one thing / I. condominium / 4. Acts of administration more important 4. Most important administrative decision taken by the majority of all owners, in addition, representing their combined shares, more than the half of the thing, is necessary for most important administrative, including changes in culture or use, the conclusion or termination of leases to rent and farm, participation in ground improvements and the appointment of a Director whose responsibilities will not be limited to the acts of day-to-day administration.
Are reserved for the provisions on the necessary construction work.

Introduced by chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 647cC. property of several on one thing / I. condominium / 5. Construction works / a. necessary 5. Construction a. necessary work a decision taken by the majority of all owners is required for the maintenance, repair and rehabilitation work that requires maintaining the value and usefulness of the thing, unless it acts of day-to-day administration that each of them can do.

Introduced by chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 647dC. property of several on one thing / I. condominium / 5. Construction work / b. useful b. useful the work of rehabilitation and transformation intended to increase the value of the thing or improve its performance or its utility are decided by a majority of all co-owners representing in addition, their combined shares, more than half of the thing.
Changes which interfere significantly and sustainably, for a co-owner, the use or enjoyment of the thing according to its current destination or which compromise the performance can not be executed without his consent.
When changes would lead to a co-owner of the expenses which cannot be imposed, notably because they are disproportionate to the value of its share, they cannot be executed without his consent if the other joint owners are responsible for its share of the costs, as it exceeds the amount that can be asked.

Introduced by chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 647eC. property of several on one thing / I. condominium / 5. Construction work / c. For beautification and c convenience. For beautification and convenience construction works intended exclusively to embellish the thing, to improve the appearance or make easier use may be carried out only with the consent of all owners.
If these works are decided by a majority of all the co-owners representing in addition, their combined share, more than half of the thing, they can also be run despite the opposition of a co-owner whose right of use and enjoyment is not hampered sustainable because of this, provided that the other co-owners compensate it the temporary impairment to his right and take responsibility for its share of costs.

Introduced by chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 648C. property of several on one thing / I. condominium / 6. Provision acts 6. Dispositions each co-owner can ensure the common interests; He enjoys the thing and use to the extent compatible with the right of others.
The competition of all is necessary for disposals, constitutions of rights in rem or changes in the destination of the thing, unless they have unanimously established other rules in this regard.
If co-ownership shares are encumbered by rights of pledge or land charges, the co-owners cannot encumber the thing itself such rights.

New content according to chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 649C. property of several on one thing / I. condominium / 7. Contribution to the expenses and charges 7. Contribution to the expenses and charges the cost of administration, taxes and other charges resulting from the condominium or affecting the common thing are supported, except as otherwise provided by all owners due to their share.
If one of the co-owners pays beyond its share, he uses against each other in the same proportion.

New content according to chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 649aC. property of several on one thing / I. condominium / 8. Enforceability; mention in the land register 8. Enforceability; mention in the land register usage and administration regulation agreed by the co-owners, the administrative measures taken by them, as well as the decisions and court orders, are also binding upon the successor in title of a co-owner and buyer of a real right on a co-ownership share.
They may be listed in the land register in the case of co-ownership of an immovable.

Introduced by chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 649bC. property of several on one thing / I. condominium / 9. Exclusion from the community / a. co-owner 9. Exclusion of the community a. co-owner co-owner may be excluded from the community by judicial decision when, by his conduct or that of persons to whom he has given the use of the thing or it meets obligations towards all other or some owners are so badly broken that one cannot require the continuation of the community.
If the community doesn't understand that two co-owners, each of them may bring action; in other cases, and unless otherwise agreed, an authorization passed by a majority of all co-owners, not including the defendant, is necessary.
The judge who pronounced the exclusion condemns the defendant to alienate its share of co-ownership and failure to execute within the deadline set, ordered the sale by public auction on the part, the provisions relating to the forced implementation of buildings being applicable to the exclusion of those governing the end of condominiums.

Introduced by chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 649cC. property of several on one thing / I. condominium / 9. Exclusion from the community / b. holders of other rights b. licensees other rights provisions excluding a co-owner shall apply by analogy to the usufructuary and the holder other enjoyment on a share of co-ownership rights if it real rights or personal rights annotated in the land registry.

Introduced by chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 650 c. property of several on one thing / I. condominium / 10. End of the condominium / a. Action by sharing 10. End of the condominium a. Action by sharing each of the co-owners has the right to require the sharing, if it is required to remain in undivided ownership under a legal act, as a result of the establishment of a property by floors or due to the assignment of the thing to a sustainable goal.
Sharing can be excluded by convention for more than 50 years; If it is buildings, the convention must be received in the authentic form to be valid, and it can be annotated in the land registry.
Sharing must not be caused by untimely.


New content according to chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 651 C property of several on one thing / I. condominium / 10. End of the condominium / b. sharing b. Sharing Mode Mode co-ownership cease by the Division in kind, by the sale of mutual agreement or auction with subsequent distribution of the prize, or by acquiring make one or more of the joint owners of the shares of the other.
If the co-owners do not agree on the mode of sharing, the judge orders the Division in kind, and if the thing cannot be divided without significant reduction in its value, the sale either at public auction or between the co-owners.
In the case of sharing in nature, inequality of shares may be offset by the indemnities.

S. 651aC. property of several on one thing / I. condominium / 10. End of the condominium / v. living in domestic animals v. animals living in home when it comes to animals that live in the home environment and are not kept in a heritage or gain, purpose justice assigns disputes the proprietary part, pursuant to criteria applied for the protection of animals represents the best solution for the animal.
The judge may order the contractor of the animal to be paid to the other party a fair compensation; It fixes freely the amount.
The judge takes the necessary provisional measures, in particular for the temporary placement of the animal.

Introduced by chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).

S. 652 C property of several on one thing / II. Common ownership / 1. Case II. Common ownership 1. Cases when several people forming a Community act or a contract are owners of a thing, the right of each extends to the whole thing.

S. 653 C property of several on one thing / II. Common ownership / 2. Effects 2. Effects the rights and duties of the Communists are determined by the rules of the legal or contractual community that unites them.
Unless another rule, the rights of the Communists, particularly to dispose of the thing, may be exercised only by a unanimous decision.
Sharing and the right to dispose of a share are excluded as long as the community hard.

S. 654 C property of several on one thing / II. Common ownership / 3. End 3. End the common ownership is extinguished by alienation of the thing or the end of the community.
Sharing takes place, except as otherwise provided, as in condominium.

S. 654aC. property of several on one thing / III. Property of several companies and agricultural buildings III. Property of several companies and agricultural buildings the dissolution of the ownership of several enterprises and agricultural buildings is also governed by the Federal Act of 4 October 1991 on rural land law.

Introduced by art. 92 c. 1. BA from oct 4. 1991 on rural land law, in force since 1 Jan. 1994 (1993 1410 RO; FF 1988 III 889).
RS 211.412.11 nineteenth title: land ownership chapter I: object, the acquisition and loss of land art. 655 A object / I. building A. object I. building land ownership has designed buildings.
Are real in the sense of this law: 1. the land; 2. separate and permanent, registered rights to register land; 3. the mines; 4. shares of co-ownership of an immovable.

An easement on a property can be registered as separate and permanent right to the following conditions: 1. it is established for a dominant Fund nor exclusively to a person determined; 2. It is established for 30 years at least or for an indefinite period.

New content according to chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 655aA. object / II. Dependent property II. Dependent property immovable property can be attached to another building so that the owner of the main building is also owner of the building which it is linked. The dependent building shared the fate of the main building and cannot be alienated, pledged or encumbered with other real right separately.
The legal right of pre-emption of the co-owners and the right to require the sharing can be invoked when the thing has been assigned to a sustainable goal.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 656 B acquisition of land ownership / I. Inscription B. Acquisition of the property land I. registration registration in the land register is required for the acquisition of ownership of land.
He who acquires an immovable by occupation, estate, expropriation, enforcement or judgement however becomes owner prior to registration, but it may have in the land register only after this formality has been fulfilled.

S. 657 B acquisition of land ownership / II. Methods of acquiring / 1. Conveyancing II. Acquisition modes 1. Conveyancing contracts relating to the transfer of ownership are valid only if they are received in the authentic form.
The provisions for cause of death and the marriage contract remain subject to forms that are appropriate to them.

S. 658 B acquisition of land ownership / II. Acquisition modes / 2. Occupancy 2. Occupation a registered building can only be acquired by occupation only if it follows from the land register that this building became something without a master.
Occupation of portions of the ground that are not registered is subject to the rules concerning the things without a master.

S. 659 B acquisition of land ownership / II. Methods of acquiring / 3. Training of new lands 3. Training new land usable land formed in regions without a master by alluvium, embankments, landslides, changes in course or level of public waters, or otherwise, owned by the canton in which they are found.
Cantonal law may assign these lands contiguous Fund owners.
One who proves that portions of the building have been spare has the right to resume them within an appropriate period.

S. 660 B acquisition of land ownership / II. Modes of acquisition / 4. Landslides / has. In general 4. Landslides has. In general landslides do not alter the limits of buildings.
Lands and other objects transported on another building are subject to the rules concerning wrecks or accession.

New content according to chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 660aB. Acquisition of land ownership / II. Modes of acquisition / 4. Landslides / b. Permanent b. permanent principle that landslides do not alter the boundaries of real property does not apply to territories in permanent movement designated as such by the cantons.
When the designation of these territories, the nature of the buildings concerned must be taken into account.
The indication that a building belongs to such territory must be communicated in a manner appropriate to interested parties and mentioned in the land register.

Introduced by chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 660bB. Acquisition of land ownership / II. Modes of acquisition / 4. Landslides / v. new establishment of limits v. new establishment of limits when a landslide following a limit is most appropriate, the affected landowner may request that it be again fixed.
The gain or loss that results must be compensated.

Introduced by chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 661 B acquisition of land ownership / II. Methods of acquiring / 5. Prescription / a. ordinary 5. Prescription a. ordinary rights that has been registered without legitimate cause in the land registry as owner of a building can no longer be challenged when it owned the building in good faith, without interruption and peacefully for ten years.

S. 662 B acquisition of land ownership / II. Methods of acquiring / 5. Prescription / b. Special extraordinary those who owned for 30 years without interruption, peacefully and as owner, a building not registered, may require registration as owner.
The owner may, under the same conditions, exercise the same right with respect to a building which the land registry does not reveal the owner or the owner was dead or reported missing at the beginning of the period of thirty years.
However, the inscription was place on the order of the judge and if no opposition has occurred during a period fixed by official summons, or if objections were rejected.


S. 663 B acquisition of land ownership / II. Methods of acquiring / 5. Prescription / v. time c. time the rules allowed for prescription of claims apply to the computation of delays, interruption and suspension of acquisitive prescription.

S. 664 B acquisition of land ownership / II. Methods of acquiring / 6. Things without a master and goods in the public domain 6. Things without master and property of the public domain things without a master and property of the public domain are subject to the high policy of the State on whose territory they are.
Unless proved otherwise, public waters, as well as unsuitable regions culture, rocks, talus, neves, glaciers and gushing, sources do not fall within the private domain.
Cantonal legislation regulates the occupation of things without a master, as well as exploitation and the common use of goods in the public domain, such as roads, places, streams and riverbeds.

S. 665 B acquisition of land ownership / III. Right to registration III. Right to registration that is for the benefit of an acquisition title may require the owner operate registration; in case of refusal, it may apply to the judge the allocation of property rights.
Occupation, inheritance, expropriation, enforcement and judgement allow the purchaser to claim the inclusion of its leader.
Mutations that arise by the operation of law of a community of goods or its dissolution are registered in the land registry at the request of one of the spouses.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).

S. 666 C loss of the property land C. loss of land ownership land ownership goes by the cancellation of the registration and the total loss of the building.
In the case of expropriation for public utility, the moment where the property goes is determined by special laws of the Confederation and the cantons.

S. 666aD. judicial measures / I. owner not found D. judicial measures I. owner not found when the person registered in the land registry as owner cannot be identified or that his home is unknown, or the name or domicile of one or more of his heirs are unknown, the judge may, on motion, order the necessary measures.
In particular, the judge may appoint a representative. On request, it sets out the extent of his power of representation. If the judge orders anything else, this power is limited to protective measures.
Are entitled to require measures: 1. any person having an interest worthy of protection; 2. the office of the land register of the location of the building.

The measures ordered do not interrupt the period of extraordinary acquisitive prescription.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 666bD. judicial measures / II. Absence of prescribed bodies II. Absence of organs prescribed when a person moral or another legal entity registered land as the owner has more prescribed bodies, any person having an interest worthy of protection or the office of the land of the location of the building register are entitled to require the judge directs the measures necessary in relation to the building.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

Chapter II: Effects of land art. 667. Etendue land / I. In general a. extent of the land property. Generally the property of soil takes from above and below, into useful pursuit full height and depth.
It includes, subject to legal restrictions, constructions, plantations and sources.

S. 668. Etendue of land ownership / II. Limits / 1. Indication of limits II. Limits 1. Indication of the boundaries of the real property are determined by the plan and the demarcation on the ground.
If there is contradiction between the limits of the plan and the ground, the accuracy of the first is assumed.
The presumption does not apply to territories in permanent movement designated as such by the cantons.

Introduced by chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 669. Etendue of land ownership / II. Limits / 2. Obligation simply 2. Obligation to limit when the boundaries are uncertain, each owner shall, at the request of the neighbor, to assist in order to fix them either by the rectification of the plan, the demarcation on the ground.

S. 670. Etendue of land ownership / II. Limits / 3. Common boundaries 3. Demarcations Commons fences for the demarcation of two buildings, such as walls, hedges, fences, which lie on the boundary, are alleged owned condominium two neighbors.

S. 671. Etendue of land ownership / III. Constructions on the Fund / 1. Funds and materials / a. property III. Constructions on the Fund 1. Funds and materials a. property when an owner uses the materials of others to build on its own funds, or that a third party uses their own materials on the Fund of others, these materials become an integral part of the building.
However, if the materials have been used without the consent of their owner, may claim them and may require the separation at the expense of the owner of the Fund, provided that it does not result in an excessive damage.
If the construction was done without the consent of the owner of the Fund, it may require, subject to the same reservation, that materials are removed at the expense of the manufacturer.

S. 672. Etendue of land ownership / III. Constructions on the Fund / 1. Funds and materials / b. allowances b. allowances when separation is not applicable, the owner of the Fund is required to pay fair compensation for materials.
If constructions were made in bad faith by the owner of the Fund, he may be sentenced to the reparation of the damage.
If they were made in bad faith by the owner of the materials, the compensation shall not exceed the minimum value of the constructions for the owner of the Fund.

S. 673. Etendue of land ownership / III. Constructions on the Fund / 1. Funds and materials / v. allocation of the property of the Fund v. allocation of the property of the Fund if the value of the construction exceeds obviously Fund, the part that is in good faith may request the property at all be attributed to the owner of the materials, against payment of fair compensation.

S. 674. Etendue of land ownership / III. Constructions on the Fund / 2. Constructions encroaching on the funds of others 2. Constructions encroaching on the funds of others buildings and other structures that encroach on the neighbouring land remain part integral of the other Fund, when the owner of it is for the benefit of a real right.
These encroachments can be registered as easements in the land registry.
When the owner injured, after having knowledge of encroachment, there is not opposed in good time, the author of buildings and other structures may ask, if it is in good faith, and if circumstances permit, that encroachment as a real right or forged surface are attributed to him against payment of fair compensation.

S. 675. Etendue of land ownership / III. Constructions on the Fund / 3. Right of area 3. Right the buildings and other structures established above or below a Fund, or United with him in any sustainable way, can have a separate owner, provided to be registered as easements in the land registry.
The various floors of a House cannot be the object of a right.

S. 676. Etendue of land ownership / III. Constructions on the Fund / 4. Lines 4. Lines serving and exhaust pipes which are outside the funds for which they are established are, except as otherwise deemed be part of the business which they originate or to which they lead and belong to the owner.
When the right to establish them does not result from the rules applicable to neighbourhood relations, these conduits not encumber real rights Fund of others if they consist in easements.
Bondage is formed upon the establishment of conduct if it is apparent. Otherwise, it is constituted by its registration in the land registry.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 677. Etendue of land ownership / III. Constructions on the Fund / 5. Securities constructions 5. Securities constructions lightweight constructions, such as cottages, shops, barracks, high on the funds of others without the intention of settle them permanently, belong to the owners of these things.
They are not registered in the land registry.


S. 678. Etendue of land ownership / IV. Plantations IV. Plantations if someone put in its fund plants belonging to others or its own plants in a third Fund, individuals have the same rights and obligations as in the case of constructions with foreign materials or security structures.
An easement for the right area on isolated plants or plantations can be established for ten years at least and for more than 100 years.
The collateral owner can request the redemption of servitude before the expiration of the agreed duration if he concluded with entitled a lease contract to farm on land-use and that this contract is terminated. The judge decides the monetary consequences taking into account all the circumstances.

New content according to chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4121; FF 2002 4395).
Introduced by chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4121; FF 2002 4395).

S. 679. Etendue of land ownership / V. responsibility of the owner / 1. In case of excess of the right of property V. liability 1. In case of excess of the right of ownership that is reached or threatened injury because an owner exceeds its law, can operate this owner to furnish the State things or take measures to avert the danger, without prejudice to any damages.
When a building or facility deprives the neighbouring building some of its qualities, the owner can be operated only if the provisions governing the construction or installation in force during their construction have not been met.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 679aA. scope of land ownership / V. responsibility of the owner / 2. When operating lawful Fund 2. When operating lawful Fund when, by the operation of lawful Fund, including by construction work, an owner cause temporarily to a neighbor of inevitable and excessive noise causing harm, neighbor may require the owner of the Fund and the payment of damages.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 680 B restriction on land ownership / I. In general b. Restriction of intellectual property I. In general the legal restrictions of the property exist without that it is appropriate to include them in the land register.
They cannot be removed or modified only by an authentic deed and registration.
The restrictions established in the public interest cannot be modified or deleted.

S. 681 B restriction on land ownership / II. With respect to the right of alienation; statutory pre-emption rights / 1. Principle II. With respect to the right of alienation; statutory pre-emption rights 1. Principles the statutory pre-emption rights may also be exercised in case of forced realization, but only in the same auctions and the conditions of the invitation to tender; Moreover, the statutory pre-emption rights may be invoked in the conditions applicable to the conventional rights of pre-emption.
The right of pre-emption is null and void when the building is disposed of to a person who holds a right of pre-emption of the same rank or better rank.
The statutory pre-emption rights are assignable or transferable by succession. They prevail over treaty rights of pre-emption.

New content according to chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 681aB. Restriction of land ownership / II. With respect to the right of alienation; statutory pre-emption rights / 2. Exercise 2. The seller should inform holders of the right of pre-emption of the conclusion of the contract of sale and its content.
If the holder intends to exercise its right, it must invoke it within three months from the moment he became aware of the conclusion of the contract and of its contents, but no later than two years after the registration of the new owner in the land registry.
Within these deadlines, the holder may invoke his right against the owner of the building.

Introduced by chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 681bB. Restriction of land ownership / II. With respect to the right of alienation; statutory pre-emption rights / 3. Amendment, waiver 3. Amendment, waiver of the convention abolishing or amending a right of pre-emption legal is only valid if it is passed in the authentic form. It can be annotated in the land register when the right of pre-emption belongs to the current owner of another building.
After the occurrence of the case of preemption, the holder may waive in writing to exercise a legal right of pre-emption.

Introduced by chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 682 B restriction on land ownership / II. With respect to the right of alienation; statutory pre-emption rights / 4. In the case of co-ownership and right 4. In the case of co-ownership and right owners have a right of pre-emption against a purchaser who is not a co-owner. When several co-owners argue their right of first refusal, the part assigned in proportion to their share of the condominium at the time of the assignment.
The owner of a collateral Fund to a separate and permanent area right also has a legal right of pre-emption against the right purchaser; the superficiary has the same right of pre-emption against any purchaser of the Fund, insofar as the Fund is used by the exercise of the right.


New content according to chapter I of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).
New content according to chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).
New content according to chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).
Repealed by chapter I of the Federal law of 4 oct. 1991, with effect from 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 682aB. Restriction of land ownership / II. With respect to the right of alienation; statutory pre-emption rights / 5. Rights of first refusal on business and agricultural buildings 5. Rights of pre-emption on enterprises and agricultural buildings rights of pre-emption on enterprises and agricultural buildings are also governed by the Federal Act of 4 October 1991 on rural land law.

Introduced by art. 92 c. 1. BA from oct 4. 1991 on rural land law, in force since 1 Jan. 1994 (1993 1410 RO; FF 1988 III 889).
RS 211.412.11 s. 683 repealed by chapter I of the Federal law of 4 oct. 1991, with effect from 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 684 B restriction on land ownership / III. Report of neighbourhood / 1. Excessive violations III. Neighbourhood report 1. With excessive the owner is required in the exercise of its right, especially in its work on industrial, refrain from any excess at the expense of the property of the neighbor.
Are prohibited in particular the pollution of air, odors, noise, vibration, radiation or deprivation of light or sunlight which have a harmful effect and that surplus limits of tolerance that neighbours according to local usage, the situation and the nature of the buildings.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 685 B restriction on land ownership / III. Report of neighbourhood / 2. Excavations and constructions / a. rule 2. Excavations and constructions a. rule the owner that makes excavations or constructs must not harm to its neighbors shaking their land, by exposing it to damage or by compromising the works contained therein.
The legal provisions concerning the encroachments on funds of others apply to construction contrary to the rules on neighbourhood relations.

S. 686 B restriction on land ownership / III. Report of neighbourhood / 2. Excavations and constructions / b. provisions reserved the right to cantonal b. provisions reserved to cantonal law cantonal legislation may determine the distances that owners are required to observe in excavations or construction.
It may establish other rules for construction.

S. 687 B restriction on land ownership / III. Report of neighbourhood / 3. Plants / a. rule 3. Plants a. rule every owner has the right to cut and keep the branches and roots that advance on its funds, if they harm him and, after claim, the neighbor are not removed within an appropriate period.
The owner leaving tree branches move forward on its buildings and its cultures is entitled to the fruits of these branches.
These rules do not apply to neighbouring forests.


S. 688 B restriction on land ownership / III. Report of neighbourhood / 3. Plants / b. provisions reserved the right to cantonal b. provisions reserved to cantonal law cantonal legislation may determine the distance that owners are required to observe in their plantations, according to the various species of plants and buildings; It may, on the other hand, requiring neighbors to suffer that the branches and roots of trees moving on their funds, as also set or remove the right of the owner to the fruit hanging on his land.

S. 689 B restriction on land ownership / III. Report of neighbourhood / 4. Flow of water 4. Water flow the owner is obliged to receive on its waters flowing naturally from the top funds, including those of rain, snow or uncaptured sources.
None of the neighbors cannot alter the natural flow at the expense of the other.
The water that flows on the lower Fund and which is necessary cannot be accepted only insofar as it is indispensable to the top fund.

S. 690 B restriction on land ownership / III. Report of neighbourhood / 5. Drainage 5. Drainage the owner of a fund is required to receive water from the drainage of the top Fund, without compensation if they naturally flowed on his land.
If he feels injury thereby, it can require of the owner of the top fund to establish at its own expense conduct through the lower Fund.

S. 691 B restriction on land ownership / III. Report of neighbourhood / 6. Lines and conducted through a fund / a. Obligation to tolerate 6. Lines and conducted through a fund a. Obligation to tolerate the owner of a fund is held against reparation of the damage, allow the establishment through his Fund of lines or pipes serving and evacuation to develop another fund if it is impossible or prohibitively expensive to equip it otherwise.
The faculty to establish these books on funds of others may be derived from neighbourhood law in cases submitted to the cantonal or federal legislation on expropriation for public utility.
These connections are registered as easements in the land registry at the expense of the person entitled, at the request of the copyright or the collateral owner. Driving law is enforceable against a purchaser in good faith, even in the absence of registration.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 692 B restriction on land ownership / III. Report of neighbourhood / 6. Lines and conducted through a fund / b. safeguarding the interests of the collateral owner b. safeguarding the interests of the owner of the collateral encumbered owner may require that its interests are equitably taken into account.
In exceptional circumstances and if the works consist of air pipes, it can ask that a suitable portion of the land on which these lines will be established be purchased at a price that compensates it fully.

S. 693 B restriction on land ownership / III. Report of neighbourhood / 6. Lines and conducted through a fund / c. facts new developments if things change, the owner can require the facilities to be displaced in accordance with its interests.
This travel expenses are in the rule, be borne by the other party.
However, the collateral owner may be required, if this obligation is justified by special circumstances, to pay a fair share of the costs.

S. 694 B restriction on land ownership / III. Neighbourhood report / 7. Rights of way / a. necessary Passage 7. Rights-of-way a. necessary Passage owner who has only an inadequate exit on the highway may require its neighbors that they will give him the necessary passage, with full compensation.
This right is exercised in the first place against the neighbor who the passage may be more naturally claimed due to previous state properties, and access roads, and, if necessary, against those on the Fund which the passage is less damaging.
The necessary transition will be fixed having regard to the interests of both parties.

S. 695 B restriction on land ownership / III. Neighbourhood report / 7. Rights of way / b. other passages b. other passages cantonal laws can set the reciprocal Faculty of owners to borrow the neighbouring land to operate, repair or construction on their own funds; It may also regulate rights of plough, watering, passing season of devalage and other similar rights.

S. 696 B restriction on land ownership / III. Neighbourhood report / 7. Rights of way / c. Mention registry c. Mention registry rights of way directly established by law are exempt from registration.
However, it is actually mention registry if they are permanent.

S. 697 B restriction on land ownership / III. Report of neighbourhood / 8. Fences 8. Fences each owner shall bear the costs of closing of the Fund, subject to the rules applicable to common fences.
The obligation to close the Fund and the manner of closing are governed by cantonal law.

S. 698 B restriction on land ownership / III. Report of neighbourhood / 9. Maintenance of works 9. Maintenance of works necessary for the exercise of the rights of neighbourhood are borne by the owners due to the interest of each of them.

S. 699 B restriction on land ownership / IV. Right of access on the funds of others / 1. Forests and pastures IV. Right of access on the funds of others 1. Forests and pastures everyone has free access to forests and pastures of others and may if appropriate berries, mushrooms and other menus wild fruit, in accordance with local usage, unless the competent authority only has enacted, in the interest of cultures, special defenses limited to certain funds.
Cantonal legislation may determine the extent to which it is permitted to penetrate into the funds of others for hunting or fishing.

S. 700 B restriction on land ownership / IV. Right of access on the funds of others / 2. Research of the wrecks, etc.

2 research of wrecks, etc.
When, by the effect of water, wind, avalanches, any other natural force or fortuitous, objects any trained on the Fund of a third party, or as animals, such as cattle, swarms of bees, poultry, fish, to carry, the owner of the immovable shall permit searching and removal to the right holders.
If the result is injury, it can claim compensation and exercise a right of retention of this masterpiece.

S. 701 B restriction on land ownership / IV. Right of access on the funds of others / 3. Case of need 3. Case of need if someone can preserve or protect others from imminent injury or present danger that infringing the property of a third party, it is bound to suffer such infringement, provided that it is of little importance compared to the damage or danger that this is to prevent.
The owner may, if he has suffered harm, demand fair compensation.

S. 702 B restriction on land ownership / V. Restrictions of public law / 1. In general V. Restrictions of law public 1. In general reserved the right of the Confederation, the cantons and Commons to provide in the public interest to other restrictions on land ownership, particularly as regards animal health, police buildings, fire, forest and roads, towpaths, demarcation and trigonometric signals, improvements to the ground, the fragmentation of funds piecemeal meetings of rural funds or land to build, the measures for the conservation of Antiquities and natural curiosities or the protection of sites and sources of mineral waters.

S. 703 B restriction on land ownership / V. Restrictions of public law / 2. Improvements to the ground 2. Improvements in soil when soil improvements (corrections of watercourses, defatting, irrigation, reforestation, paths, piecemeal meetings, etc.) cannot be performed by a community of owners, and that the necessary structures are decided by the majority of stakeholders with more than half the field, others are required to adhere to this decision. Interested owners who do not take part in the decision will be deemed accede. Membership will be mentioned in the land registry.
The cantons regulate the procedure. Especially for parcel meetings, they should enact detailed rules.
Cantonal laws can alleviate the conditions which this code for the execution of these works and apply by analogy the same rules the land and territories in continuous movement.

New content according to art. 121 of the LF of 3 oct. 1951 on agriculture, in force since 1 Jan. 1954 (1953 1095 RO; FF 1951 II 141).
New content according to chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 704 C sources / I. property and servitude v. Sources

I. property and servitude sources are an integral part of the Fund and the property can't be acquired only with the soil where they Gush.
The right to sources gushing on funds of others consists in servitude by registering in the land registry.
Groundwater shall be considered as sources.

S. 705 C sources / II. Derivation II. Bypass the right derive from sources may, in the public interest, be subject to certain conditions, restricted or removed by the cantonal laws.
The federal Council decide without recourse in disputes that may occur between cantons.

S. 706 C sources / III. Cut sources / 1. Compensation III. Cut sources 1. Compensation shall be liable for damages that causes prejudice to the owner or the person entitled, cutting, even partially, or in staining, by excavations, construction or work, sources already used to a considerable extent or captured for their use.
When the damage has been caused deliberately or by negligence, or when it is due to a fault of the injured party, the judge will appreciate if compensation is due and it in will fix, where appropriate, the amount and nature.

S. 707 C sources / III. Cut sources / 2. Recovery of 2 places. Restoration of the premises if essential sources for either operation or dwelling of a building, either for a food service, are cut or stained, the restoration of the previous State may be required to the extent possible.
This recovery may be required, in any other case, unless it is justified by special circumstances.

S. 708 C sources / IV. Common sources IV. Common sources when several neighbouring sources belonging to different owners have a same tank and form so the same group, each owner may request that sources are captured in common and distributed among all beneficiaries proportionally to their previous enjoyment.
Entitled support costs of common facilities to the extent of their interest.
In the event of opposition from one of them, each of the beneficiaries can do to its source the rational capture and supply work, even if it resulted in a decrease in the flow of other sources, and it is held in this head allowance only insofar as the work have increased the flow of its own source.

S. 709 C sources / V. use of sources V. use of sources the cantonal laws may grant to neighbors or other people the right to use, including to draw water and watering livestock, sources, fountains and streams that are private property.

S. 710 C sources / VI. Necessary fountain VI. Necessary fountain owner who cannot get to the price of work and excessive costs the water needed to his house and his Fund, has the right to require a neighbour cede him against full compensation water which it doesn't need.
The interests of the assigning party will be primarily taken into account.
The modification of the arrangements may be requested, if new circumstances occur.

S. 711 C sources / VII. Expropriation / 1. Sources VII. Expropriation 1. Sources the owner of sources, fountains and streams having him useless, or that use unrelated to their value, is obliged to transfer against full compensation for food services, to hydranth or other undertakings of general interest.
The compensation shall consist in the distribution of a portion of the resulting water.

S. 712 C sources / VII. Expropriation / 2. Soil 2. Soil the expropriation of the land located around sources that depend on a food service can be requested insofar as it is necessary to prevent these sources are contaminated.

Chapter III: Property by floor art. 712a A. Elements and objects / I. Elements A. Elements and objects I. Elements share of co-ownership of an immovable may consist in property by floors, in such a way that each co-owner has the exclusive right to use and develop internally portions of a building.
The co-owner has the power to administer, use and develop its premises insofar as it does not restrict the exercise of the right of the other co-owners, does not damage the parties, common building structures and facilities, does not hinder their use or does not alter the appearance.
It is required to maintain its premises to maintain state and appearance of the building.

S. 712b A. Elements and objects / II. Object II. Object can be subject to the exclusive right the floors or parts of floors, made into apartments or commercial premises or others, form a whole with own access, the ability to include separate annexes premises being reserved.
The co-owner may not acquire the exclusive right on: 1. the land and, where appropriate, the area right under which the building; 2. the parts important to the existence, the disposition and the soundness of the building or the premises of other co-owners or which determine the exterior form and appearance of the building; 3. the structures and facilities which are also used in the other co-owners for the use of their premises.

The co-owners may in the Constitutive Act of the property by floors, or in a later convention subject to the same form, declare, still common in other parts of the building; This defect they are presumed to be subject to the exclusive right.

S. 712c A. Elements and objects / III. Acts of provision III. Provision acts the co-owner not has not the right to pre-emptive legal against any third party purchaser on the one hand, but a pre-emptive right can be created in the Constitution of the property by floors or convention later and annotated in the land registry.
The Constitution or a subsequent agreement may provide that a floor be validly alienated, encumbered a usufruct or a right of dwelling or rented if the other co-owners have not, pursuant to a decision taken by the majority, formed opposition within fourteen days after receipt communication of the operation.
The opposition has no effect if it is not based on just cause.

New content according to ch. II 3 of Schedule 1 to the CPC from 19 Dec. 2008, in force since 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 712d B. Constitution and end / I. B. Constitution Constitution and end I. Constitution the property per floor is formed by registration in the land registry.
Registration may be required: 1. by virtue of a contract by which the co-owners agree to their share of the ownership by floors; 2. by virtue of a declaration by the owner of the land or the proprietor of a separate and permanent, on the establishment of units of condominiums under the regime of property by floor area.

The legal act is valid only if it is passed in the authentic form or, if there is a will or an act of personal sharing, in the form prescribed by the law of succession.

S. 712 B. Constitution and end / II. Delineation and assessment II. Delimitation and assessed the Constitution must specify the delimitation of the floors or parts of floor and in shares having a common denominator, the share of the value of the land or the right of area that represents each floor or part of floor.
The shares cannot be modified only with the consent of all persons directly concerned and the approval of the Assembly of joint owners; However, each co-owner may request a correction if its share was by error, incorrectly set or becomes inaccurate as a result of changes to the building or its surroundings.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 712f B. Constitution and end / III. End III. End the property by story ends by the loss of the land or the extinction of the right and the deletion of registration in the land registry.
Cancellation may be requested under an agreement putting an end to the property by floors or to this defect, by about co-owner which brings together between his hands all shares, subject to the consent of persons with on stories of real rights which cannot be transferred without inconvenience on the whole building.
Each co-owner may request the dissolution of the storey property to one of the following conditions: 1. the building is destroyed for more than half of its value and a reconstruction would be for him a burden hard to bear; 2. the building is owned by floors for over 50 years and can no longer be used according to its destination due to its degradation.

Owners who intend to maintain the community can, however, avoid dissolution neglecting others.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 712g C. Administration and use / I. provisions applicable v. Administration and use

I. provisions of the condominium rules apply to competence to perform acts of administration and construction work.
If these rules do not object, they can be replaced by different provisions provided for in the Constitution or adopted unanimously by all the co-owners.
For the rest, each co-owner may require that a regulation administration and use, valid as soon as it was adopted by the majority of the co-owners also representing more than half of the value of shares, be established and mentioned in the land registry; even if the regulations are contained in the Constitution, it can be amended by decision of the double majority.
Any modification of the regulatory allocation of rights of use must also be approved by the owners of floors directly concerned.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 712 h v. Administration and use / II. Common fees and charges / 1. Definition and distribution II. Costs and common charges 1. Definition and allocation owners contribute to shared expenses and of the administration costs in proportion to the value of their shares.
Are in particular such charges and expenses: 1. the expenses required for routine maintenance, repairs and refurbishments of the common elements of the land and the building, as well as structures and facilities common; 2. administrative costs, including the compensation paid to the Administrator; 3. the contributions of public law and taxes borne by all the co-owners; 4. annuities payable to creditors and interest holders of pledges on the land or to whom the co-owners committed themselves jointly and severally.

If certain parts of the building, some works or installations are only very little or not at all in some co-owners, it is taken into account in the apportionment of costs.

S. 712i v. Administration and use / II. Common fees and charges / 2. Guarantee of contributions / a. legal mortgage 2. Guaranteed contributions a. legal hypothec to secure his right to the contributions of the past three years, the community can require the registration of a mortgage on the part of each current co-owner.
The administrator or, in the absence of administrator, each co-owner authorized by a decision taken by the majority of the co-owners or by the judge, as well as the creditor in whose favour the contribution is before it may require registration.
For the rest, the provisions relating to the constitution of the legal hypothec of the craftsmen and entrepreneurs shall apply by analogy.

S. 712 k v. Administration and use / II. Common fees and charges / 2. Guarantee of contributions / b. Lien b. right of retention to ensure his right to the contributions of the past three years, the community has on furniture that populate the premises of a co-owner and which serve either their development or use the same right of retention as a lessor.

S. 712l v. Administration and use / III. Exercise of civil rights III. Exercise of civil rights in its name, the community acquired assets resulting from its management, including contributions of the co-owners and availability that are pulled in, as the renovation Fund.
In its name, it may operate or be operated in justice, as well as Sue and be sued.

New content according to Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).

S. 712 m D. Organization / I. Assembly of joint owners / 1. Competence and status legal D. Organization I. Assembly of joint owners 1. Jurisdiction and legal status in addition to those mentioned in other provisions, the Assembly of joint owners including has the following functions: 1. adjust administrative affairs which are not the responsibility of the Administrator; 2. appoint the administrator and monitor its activity; 3. designate a Committee or a delegate, to administrative tasks, including those advising the administrator, control its management and submit to the Assembly a report and proposals on this subject; 4. approve annually the estimate of annual costs, accounts and the allocation of costs among the co-owners; 5. decide the creation of a Fund of renovation for the work of maintenance and repair; 6. insure the building against fire and other risks and conclude the usual liability insurance, in addition to compel the co-owner who made extraordinary expenses for its premises to pay a share of additional premium, unless he concluded a supplementary insurance for its own account.

Unless special provisions in the Act, the rules applicable to the organs of the association and to challenge its decisions apply to the Assembly of joint owners and the Committee.

S. 712n D. Organization / I. Assembly of joint owners / 2. Convening and Presidency 2. Convening and Presidency Assembly of joint owners is convened and chaired by the administrator, if it is not decided otherwise.
Decisions should be the subject of a record that keeps the administrator or the owner holding the Presidency.

S. 712o D. Organization / I. Assembly of joint owners / 3. Exercise of the right to vote 3. Exercise of the right to vote when several people are tenants in common of a floor, they have a voice and express it by a representative.
Similarly, the co-owner and the usufructuary of a floor agree on the exercise of the right to vote otherwise the usufructuary vote on all matters of administration, except for construction which are only useful or serve to beautify or convenience.

S. 712p D. Organization / I. Assembly of joint owners / 4. Quorum 4. Quorum the meeting of co-owners may deliberate validly if half of all owners, but at least two, also representing at least half of the value of the shares, are present or represented.
If the Assembly does not reach the quorum, a second meeting is convened, which may be held no earlier than ten days after the first.
The new Assembly may deliberate validly if one-third of all owners, but at least two, are present or represented.

S. 712q d. Organization / II. Administrator / 1. Appointment II. Director 1. Appointment if the Assembly of the co-owners is unable to appoint the administrator, each co-owner may apply to the judge to appoint him.
The same right belongs to him who has a legitimate interest, including to a secured creditor or an insurer.

S. 712r d. Organization / II. Administrator / 2. Revocation 2. Revocation the Assembly of joint owners may revoke at any time the administrator, subject to possible damages.
If defiance of proper reasons, the Assembly refuses to revoke the administrator, any co-owner may, within one month, ask the judge to pronounce the revocation.
The administrator appointed by the judge could not be revoked without the consent of the before the term attached to its functions.

S. 712 s d. Organization / II. Administrator / 3. Assignments / a. implementation of the provisions and decisions on administration and use 3. Assignments a. implementation of the provisions and decisions on administration and use the administrator performs all acts of common administration, in accordance with the provisions of the Act and regulations as well as the decisions of the Assembly of joint owners; He took on his own all the urgent measures required to prevent or repair damage.
It distributes the loads and fees common among the co-owners, their address invoice, cash contributions, manages and correctly uses the funds it holds.
It ensures that, in the exercise of the exclusive rights and the use of the parties and communal facilities of the land and the building, law, the Community regulation and House rules are observed.

S. 712t d. Organization / II. Administrator / 3. Assignments / b. Representation towards third b. Representation towards third parties the administrator represents the community and the co-owners to third parties, in all matters which fall within the joint administration and fall within its statutory responsibilities.
Except in summary proceedings, the administrator cannot act as plaintiff or defendant without prior approval of the Assembly of joint owners, subject to emergency situations for which the authorisation may be requested later.
Statements, summonses, judgements and decisions for all of the co-owners may be validly notified to the administrator, domicile or location of the thing.

Twentieth title: chattel property art. 713. Objet movable property A. purpose of movable property security purpose is to things which can carry from one place to another, as well as the natural forces that are capable of appropriation and are not included in the buildings.

S. 714 B methods of acquiring / I. Tradition / 1. Transfer of possession B. methods of acquiring I. Tradition 1. Transfer of possession possession implementation is necessary for the transfer of movable property.

Who, being in good faith, is set as the owner in possession of a piece of furniture acquires the property, even if the author of the transfer was not qualified to operate it; the property it is acquired as soon as it is protected according to the rules of ownership.

S. 715 B methods of acquiring / I. Tradition / 2. Reservation of ownership Pact / has. In general 2. Pact of retention of title is. In general the Covenant under which the seller reserves ownership of a unit transferred to the buyer is valid if it has been registered at the current home of the latter, in a public register maintained by the office of the prosecution.
The Covenant of reservation of ownership is prohibited in the cattle trade.

S. 716 B methods of acquiring / I. Tradition / 2. Reservation of ownership Pact / b. sales by instalments b. sales by instalments those that make sales by instalments cannot claim the objects sold property subject to the condition of return received payments, subject to deduction of a fair rent and compensation in the amount of wear.

S. 717 B methods of acquiring / I. Tradition / 3. Constitut possessory 3. Constitut possessory when one that alienates a thing the holds to a special title, the transfer of ownership is not opposable to third parties, if it had intended to injure them or to evade the rules concerning the pledge furniture.
The judge appreciate.

S. 718 B methods of acquiring / II. Occupation / 1. Things without Master II. Occupation 1. Things without a master who takes possession of a thing without a master, with the desire to become owner, acquired the property.

S. 719 B methods of acquiring / II. Occupation / 2. Escaped animals 2. Escaped animals captive animals have more master as soon as they cover freedom, if their owner does, to resume them, immediate and continuous research.
Tame animals who returned permanently in the wild are also more master.
Swarms of bees become not things without master by the mere fact of entering the funds of others.

S. 720 B methods of acquiring / III. Found things / 1. Advertising and research / has. In general III. Found things 1. Advertising and research a. Generally one who finds a lost thing is required to notify the owner and, if it does not, to notify the police or take advertising measures and make the research commissioned by the circumstances.
It is required to notify the police, when the value of the thing is obviously greater than 10 francs.
Anyone who finds a thing in an inhabited house or in premises and facilities assigned to a public service must file it in the hands of the master of the House, tenant or staff supervision.

New content according to chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).

S. 720aB. methods of acquiring / III. Found things / 1. Advertising and research / b. animals b. animal subject to art. 720, al. 3, he who finds a lost pet is required to notify the owner or, Alternatively, the competent authority.
The cantons shall designate the authority within the meaning of para. 1. introduced by chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).
This al. enter into force on 1 Apr. 2004 s. 721 B methods of acquiring / III. Found things / 2. Custody of the thing and auction 2. Custody of the thing and auction the found thing shall be kept with the necessary care.
It can be sold at a public auction with the permission of the competent authority, when the guard is expensive, that the very thing is exposed to a quick deterioration or that it remained more than a year in the hands of the police or in a public repository; auctions are preceded by publications.
The selling price replaces the thing.

S. 722 B methods of acquiring / III. Found things / 3. Acquisition of the property, return 3. Acquisition of the property, return the thing is acquired which found her and who has satisfied its obligations, if the owner cannot be found within five years from the notice to the police or advertising measures.
When it comes to animals that live in domestic areas and are not kept in a patrimonial purpose or gain, the prescribed period is two months.
When the person who found the animal confided to a shelter with the willingness to definitively abandon the possession, the shelter may freely dispose of the animal two months after it was entrusted.
When it is returned to the owner, who found her is entitled to reimbursement of all costs and a fair reward.
If the thing has been found in an inhabited house or in premises and facilities assigned to a public service, the master of the House, the tenant or the institution have the obligations of one who has found the thing, but cannot claim a reward.

Introduced by chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).
Introduced by chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).

S. 723 B methods of acquiring / III. Found things / 4. Treasure 4. Treasure are considered as treasure the precious things which he seems certain, at the time of their discovery, they are buried or hidden for a long time and no longer have any owner.
The Treasury becomes property of that which belongs to the building or the Cabinet in which it was found; remain reserved the provisions concerning objects that are of scientific interest.
One who discovered is entitled to a fair gratuity not exceeding half of the value of the treasure.

S. 724 B methods of acquiring / III. Found things / 5. Objects having a scientific value 5. Objects having a scientific value natural curiosities and antiques that belong to person and which are of scientific interest are the property of the canton within the territory of which they were found.
They cannot be alienated without the authorization of the competent cantonal authorities. They cannot be the subject of an acquisitive prescription or be acquired in good faith. The action to claim is imprescriptible.
The owner in the Fund which are found similar things is obliged to allow the necessary excavations, provided that he be compensated for damage caused by these works.
The author of the discovery and, if it is a treasure, the owner is entitled to fair compensation, which shall not exceed the value of the thing.

New content according to art. 32 c. 1 of the Federal law of June 20, 2003 on the transfer of cultural property, in force since June 1, 2005 (RO 2005 1869; FF 2002 505).
Introduced by art. 32 c. 1 of the Federal law of June 20, 2003 on the transfer of cultural property, in force since June 1, 2005 (RO 2005 1869; FF 2002 505).

S. 725 B methods of acquiring / IV. Wrecks IV. Wrecks found things rules are applicable to those who, by violence of water, wind, avalanches, any other natural force or fortuitous, are brought into the power of others and foreign animals carrying there.
The swarm of bees who took refuge in a beehive occupied belonging to others is acquired without compensation to the owner of the hive.

S. 726 B methods of acquiring / V. Specification V. Specification when a person has worked or processed material which was not for him, the new thing is forfeited to the worker, if industry is more valuable than matter, otherwise, the owner thereof.
If the worker was not in good faith, the judge may assign the new owner of the material thing, even though the industry is more valuable.
Remain reserved actions for damages and those that derive from enrichment.

S. 727 B methods of acquiring / VI. Adding and mixing VI. Adding and mixing when things belonging to various owners were mixed or United so that it is more possible to separate them without significant deterioration, or only at the cost of a work and excessive fees, stakeholders become co-owners of the new thing because of the value that had its parts at the time of the mixing or addition.
If the mixture or union of two things, one cannot be regarded as the accessory on the other, the new thing is acquired to the owner of the main part.
Remain reserved actions for damages and those that derive from enrichment.

S. 728 B methods of acquiring / VII. Acquisitive prescription VII. Prescription acquisitive one who in good faith, as owner, peacefully and without interruption, has owned for five years the thing of others becomes owner by prescription.
When it comes to animals that live in domestic areas and are not kept in a patrimonial purpose or gain, the prescribed period is two months.
Except as provided by law, the period of acquisitive prescription for cultural goods within the meaning of art. 2, al. 1, of the Act of 20 June 2003 on the transfer of cultural property is 30 years.
The prescription is not interrupted by unintentional possession loss, provided that it be recovered in the year or by an action within the same period.
The rules established for the prescription of claims apply to the computation of delays, interruption and suspension of acquisitive prescription.

Introduced by chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003 463; FF 2002 3885 5418).
RS 444.1

Introduced by art. 32 c. 1 of the Federal law of June 20, 2003 on the transfer of cultural property, in force since June 1, 2005 (RO 2005 1869; FF 2002 505).

S. 729 C loss of property security C. loss of movable property the movable property not switch off point by loss of possession, as long as the owner did not abandonment of his right or that the thing was not acquired by a third party.

Second part: other real rights twenty-first title: easements and land charges chapter I: land easements s. 730. Objet easements A. purpose of easements servitude is a charge imposed on a building to another building and requiring the owner of the servient to suffer, on the part of the owner of the dominant tenement, certain acts of use, or to refrain himself from exercising certain rights inherent in the property.
An obligation to cannot be linked as ancillary to an easement. This obligation binds the purchaser of the dominant Fund or the Fund only if it is the result of an inscription to the land registry.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 731 B constitution and extinguishment of easements / I. Constitution / 1. Registration B. Constitution and extinction of servitudes I. Constitution 1. Registration the registration in the land register is required for the creation of easements.
The property rules shall apply, except as otherwise provided, the acquisition and registration.
Acquisitive prescription of servitudes is possible only in respect of the real property the property itself can be acquired in this way.

S. 732 B constitution and extinguishment of easements / I. Constitution / 2. Constitutive Act 2. Constitution the Constitution of an easement is valid if spent in authentic form.
The easement must be drawn on an extract from the land register plan when its exercise is limited to a part of the building and the premises where she carries is not described with sufficient precision in the title.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 733 B constitution and extinguishment of easements / I. Constitution / 3. Easement on his own funds 3. Easement on his own funds the owner of two funds has the right to place one of easements in favour of the other.

S. 734 B constitution and extinguishment of easements / II. Extinction / 1. In general II. Extinction 1. In general bondage goes by the cancellation of the registration and the total loss of the servient or dominant Fund.

S. 735 B constitution and extinguishment of easements / II. Extinction / 2. Meeting of the Fund 2. Meeting of the funds when the two funds are gathered in the same hand, the owner may strike the easement.
The easement remains as real right until the radiation.

S. 736 B constitution and extinguishment of easements / II. Extinction / 3. Judicial release 3. Judicial release the collateral owner may require the cancellation of an easement that has lost any usefulness for the dominant tenement.
It can release full or partial easement that preserves only a reduced usefulness, out of proportion with the burdens imposed on the servient tenement.

S. 737 C effects of easements / I. scope / 1. In general v. effects of rights-of-way I. scope 1. In general one to which the servitude is due may take all measures necessary to keep it and use it.
It is required to exercise its right in the least damaging way.
The collateral owner shall not in any way prevent or make it more inconvenient to the exercise of the servitude.

S. 738 C effects of easements / I. scope / 2. Under the inscription 2. Under the inscription makes registration rule, as it means clearly the rights and obligations deriving from the bondage.
The extent thereof can be specified within the limits of registration, either by its origin, or by the way in which the easement has been exercised for a long time, peacefully and in good faith.

S. 739 C effects of easements / I. scope / 3. New needs of the Fund dominating 3. New needs of the Fund dominating the new needs of the dominant tenement no cause no aggravation of the easement.

S. 740 C effects of easements / I. scope / 4. Cantonal law and local practices 4. Cantonal law and local customs passage rights, such as the passage on foot or char, or in off-season, or across fields, the output of the wood, grazing rights, gather, drinking, irrigation and similar, have, unless special provision, the scope that assign them cantonal legislation and the use of the premises.

S. 740aC. effects of easements / I. scope / 5. Plurality of rightsholders 5. Plurality of assigns when several right holders are involved by an easement of the same rank and same content to a joint facility, the rules of the condominium are, unless otherwise agreed, applicable by analogy.
The right to leave the community by renouncing the easement may be excluded for 30 years by an agreement in the form prescribed for the Constitutive Act of the easement. This agreement may be annotated in the land registry.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 741 C effects of easements / II. Maintenance II charge. Maintenance charging the owner of the dominant tenement maintains the works necessary for the exercise of the servitude.
If these books are also useful to the collateral owner, the maintenance burden to the two parties, in proportion to their interest. A convention derogating from that principle requires the purchaser of the dominant Fund or the Fund only if it results from the supporting documents of the land register.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 742 C effects of easements / III. III load transport. Transport of the load when the servitude is exercised only on a part of the servient tenement, the owner collateral may, if there is interest and it will load charges, require it to be transported to another place where it only would extend not less conveniently.
It has this option, even if the primitive base of the easement contained in the land register.


New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Repealed by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), with effect from 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 743C. effects of easements / IV. Division of a Fund IV. Division of a fund if the funds used or the dominant tenement are divided, the easement remains on all plots.
If, according to the evidence or the circumstances, the exercise of the servitude is limited to certain parcels, this bondage must be struck on the parcels not concerned.
The purification procedure follows the provisions on the cancellation and amendment of entries in the land register.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 744 repealed by chapter I 1 of the LF of 11 Dec. 2009 (schedule mortgage registry and rights in rem), with effect from 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

Chapter II: Other easements, in particular of the usufruct s. 745 A. The usufruct / I. Its purpose is. The usufruct I. Its object the usufruct may be established on furniture, buildings, rights or a heritage.
It confers to the usufructuary, unless otherwise provided, a complete enjoyment right on the thing.
The usufruct of immovable property may be limited to a part defined a building or building.

Introduced by chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4121; FF 2002 4395).

S. 746 A. The usufruct / II. Constitution of the usufruct / 1. In general II. Constitution of the usufruct 1. In general the usufruct of movable things and claims settled by their transfer to the beneficiary, that immovable by registration in the land registry.
Rules on the ownership shall apply, unless otherwise provided, to the acquisition of that estate so much furniture usufruct and registration.

S. 747a. of the usufruct / II. Constitution of the usufruct / 2. …

2....

Repealed by c. I 2 of the Federal law of oct 5. 1984, with effect from 1 Jan. 1988 (1986 122 RO; FF 1979 II 1179).

S. 748A. The usufruct / III. Extinguishment of usufruct / 1. Causes of extinction III. Extinguishment of usufruct 1. Causes of extinction the usufruct is extinguished by the total loss of the thing and in addition, if it buildings, by the cancellation of the recordal, when it is necessary to set it up.
Other causes of extinction, such as the expiration of its term, the waiver and the death of the usufructuary, confer on the owner, in real estate usufruct, that the right to require cancellation.
Legal usufruct extinguishes with the cause that gave him birth.

S. 749A. The usufruct / III. Extinguishment of usufruct / 2. Duration of the usufruct 2. Duration of the usufruct

Usufruct is extinguished by the death of the beneficiary, if the beneficiary is a corporation, by the dissolution thereof.
However, the usufruct of legal persons cannot last for more than a hundred years.

S. 750 A. The usufruct / III. Extinguishment of usufruct / 3. Equivalent of the destroyed thing 3. Equivalent of the destroyed thing the owner is not required to restore the destroyed thing.
If he restores it, the usufruct is reborn.
The usufruct extends the counter-value which replaced the destroyed thing, especially in the case of insurance and expropriation for public utility.

S. 751 A. The usufruct / III. Extinguishment of usufruct / 4. Refund / a. Obligation 4. Restitution a. Obligation the possessor is obliged to return the thing to the owner as soon as the usufruct has ended.

S. 752 A. The usufruct / III. Extinguishment of usufruct / 4. Refund / b. liability b. responsibility the usufructuary responded loss and depreciation of the thing, if he fails to prove that the damage occurred without his fault.
It replaces the things it has consumed without the right.
It is no compensation for the depreciation caused by the normal use of the thing.

S. 753 A. The usufruct / III. Extinguishment of usufruct / 4. Refund / c. expenses c. expenses the usufructuary who has made any expenses or new books without being obliged may claim compensation for the termination of the usufruct, according to the rules of business management.
He made installations for which the owner refuses to compensate him, he has the right to remove, in charge of restoring the previous state.

S. 754 A. The usufruct / III. Extinguishment of usufruct / 5. Prescription benefits 5. Prescription of compensation rights from the owner due to changes or impairment, those of the usufructuary for his expenses and the ability to remove the facilities by him made, are prescribed by one year from the return of the thing.

S. 755 A. The usufruct / IV. Effects of the usufruct / 1. Rights of the usufructuary / has. General IV. Effects of the usufruct 1. Rights of the usufructuary has. In general the usufructuary has the possession, use and enjoyment of the thing.
There also the management.
In the exercise of his rights, he observes the rules of good administration.

S. 756 A. The usufruct / IV. Effects of the usufruct / 1. Rights of the usufructuary / b. natural fruit b. natural fruit natural fruit mature during the duration of the usufruct belong to the usufructuary.
The owner or the beneficiary which provides culture may require for its expenses, than who won, fair compensation, which shall not exceed the value of the crop.
Integral parts of the thing that are not fruits or products be forfeited to the owner.

S. 757 A. The usufruct / IV. Effects of the usufruct / 1. Rights of the usufructuary / v. interest c. the interests of capital subject to the usufruct and other periodic income are acquired to the usufructuary of the day where his right begins to where it ends, even if they are payable until later.

S. 758 A. The usufruct / IV. Effects of the usufruct / 1. Rights of the usufructuary / d. transfer of the usufruct d. transfer of the usufruct, the usufructuary, whose right is not eminently personal can transfer the exercise to a third party.
In this case, the owner may act directly against the assignee.

S. 759 A. The usufruct / IV. Effects of the usufruct / 2. Rights of the bare owner / a. Surveillance 2. Rights of the bare owner a. monitoring the owner may oppose any act unlawful use or use not in accordance with the nature of the thing.

S. 760 A. The usufruct / IV. Effects of the usufruct / 2. Rights of the bare owner / b. entitled to demand security b. entitled to demand security owner who proves that his rights are at risk may require security rights of the usufructuary.
It may require, even without this evidence and before the issue, if the usufruct is about expendable things or securities.
If the usufruct of the securities, the deposit of the securities is sufficient.

S. 761 A. The usufruct / IV. Effects of the usufruct / 2. Rights of the bare owner / c. security rights in the case of donations and reactions legal c. security rights in case of donations and legal usufruct of security cannot be claimed by the donor who has reserved the usufruct of the thing given.
In legal usufruct, the requirement to provide security is subject to special rules.

S. 762 A. The usufruct / IV. Effects of the usufruct / 2. Rights of the bare owner / d. Suites of the failure to provide securities d. Suites's failure to provide security if the beneficiary does not security in sufficient time that it will be fixed therefor, or if, despite the opposition of the owner, he continues to make use of the thing, the judge removed until further notice the possession of the property to a trustee.

S. 763 A. The usufruct / IV. Effects of the usufruct / 3. Inventory 3. Inventory the owner and the life tenant may request at any time that a genuine inventory of the assets subject to the usufruct is established at common expense.

S. 764 A. The usufruct / IV. Effects of the usufruct / 4. Obligations of the usufructuary / a. Conservation of the 4 thing. Obligations of the usufructuary a. Conservation of the thing the usufructuary is required to retain the substance of the thing and to make ordinary repairs to maintenance and repairs.
If more significant work or other measures are essential to the preservation of the thing, the usufructuary is required to notify the owner and suffer.
It can fill itself, at the expense of the owner, if the latter is not necessary.

S. 765A. The usufruct / IV. Effects of the usufruct / 4. Obligations of the usufructuary / b. expenses of maintenance, taxes and other charges b. expenses of maintenance, taxes and other charges the usufructuary supports the ordinary maintenance costs and expenses of the thing, as well as the interests of the debts which it is encumbered, and he must pay taxes and other fees; all in proportion to the duration of his right.
If taxes or other charges are paid by the owner, the usufructuary to compensate him to the specified extent.
Other expenses shall be borne by the owner, who may, however, to pay for them, achieve property subject to the usufruct, if funds aren't him at his request given for free by the usufructuary.

S. 766 A. The usufruct / IV. Effects of the usufruct / 4. Obligations of the usufructuary / v. interest of debts of a heritage c. interests of the debts of the usufructuary of a heritage heritage pays the interests of the debts it incurred, but he may request, if the circumstances it is permitted, to be exempted from this requirement; in this case, his enjoyment is reduced to the surplus of goods after payment of the debts.

S. 767 A. The usufruct / IV. Effects of the usufruct / 4. Obligations of the usufructuary / d. insurance d. insurance the usufructuary is required to ensure the thing, in the interest of the owner, against fire and other risks, as this measure goes according to local usage in those that command a good administration.
It pays the premiums for the duration of his enjoyment; This obligation is also responsible if the usufruct includes things already insured.

S. 768 A. The usufruct / V. special case of usufruct / 1. Buildings / has. As for fruit V. special case of usufruct 1. Buildings has. As the fruit the usufructuary of a building must ensure that the enjoyment of the thing is not excessive.
The unduly collected fruits belong to the owner.

S. 769 A. The usufruct / V. special case of usufruct / 1. Buildings / b. Destination of the thing b. Destination of the thing the usufructuary shall bring to the destination of the immovable no change that may cause significant harm to the owner.
It may, in particular, neither transform nor mainly change the thing subject to the usufruct.
It cannot open quarries, marl or peat bogs, or start the operation of other similar things and after notice to the owner and if the destination of the funds is not essentially changed.

S. 770 A. The usufruct / V. special case of usufruct / 1. Buildings / c. forests v. forests the usufructuary of a forest has the right to enjoy within a rational management.
The owner and the life tenant may require that the operation is settled by a development taking account of their rights.
When, by following storms, falling snow, fire, insect, or for other causes, it is necessary to achieve a quantity of wood significantly superior to the ordinary enjoyment, exploitation is reduced so as to gradually repair the damage or installation is adapted to the new circumstances; the price of wood directed beyond the ordinary enjoyment is placed at interest and serves to compensate for the decrease in performance.

S. 771 A. The usufruct / V. special case of usufruct / 1. Buildings / d. Mines d. mining usufruct of things whose enjoyment is in the extraction of integral parts of the ground, including that of mines, is subject to the rules concerning usufruct forests.

S. 772 A. The usufruct / V. special case of usufruct / 2. Consumable things and evaluated things 2. Consumable and things things evaluated otherwise, things that are consumed by the use become the property of the usufructuary, which remains accountable for their value at the beginning of the usufruct.

Unless the contrary has been provided, the usufructuary may freely dispose of other securities things estimated during their delivery, but he becomes accountable for their value if it exercises this right.
The usufructuary may make the owner of things of the same species and quality, if it is an equipment-farm, a herd, a Fund of goods or other similar things.

S. 773 A. The usufruct / V. special case of usufruct / 3. Claims / a. extent of enjoyment 3. Receivables a. extent of enjoyment the usufruct of a claim gives the right to the revenue.
Any denunciation of refund, any provision concerning the securities subject to the usufruct shall be made by the owner and the life tenant jointly; the debtor denounces the refund to one and the other.
When the claim is compromised, the owner and the life tenant have the right to require the accession of other measures ordered by good management.

S. 774 A. The usufruct / V. special case of usufruct / 3. Claims / b. refunds and reuse b. refunds and reuse the debtor which was not allowed to release the hands either of the owner or of the usufructuary, must pay both jointly or record.
The purpose of the provision, including refund capital, is subject to the enjoyment of the usufructuary.
The owner and the beneficiary shall be entitled to require that the capital be placed in safe and interest bearing securities.

S. 775 A. The usufruct / V. special case of usufruct / 3. Claims / c. right to the transfer of the receivables c. right to the transfer of the receivables the usufructuary may require, within three months from the beginning of the usufruct, the assignment of the receivables and securities subject to its right.
If the transfer takes place, it becomes indebted owner of the value of the receivables and securities at the time of the transfer and it is required to provide security for this head, unless the owner has waived claim.
If the owner has not renounced to require security, the transfer of ownership takes place unless they have been provided.

S. 776 B. right to housing / I. In general b. law of residential I. In general the right to housing is the right to remain in a home or occupying a portion.
It is not transferable and not past point to the heirs.
The rules of usufruct shall apply, unless otherwise provided in the Act.

S. 777 B right to housing / II. Scope of the right to housing II. Scope of the right to housing the scope of the right to housing is regulated generally by the personal needs of that to which he belongs.
This right includes, if it has been expressly limited to the person from that at which it was conceded, the Faculty for the latter to inhabit the immovable encumbered with his family and the people of his house.
One who has the right to housing on only part of a building has facilities for common use.

S. 778 B. right to housing / III. Loads III. Loads the person entitled is responsible for ordinary maintenance repairs, if the exclusive enjoyment of the House or apartment.
If the right to housing is exercised in common with the owner, maintenance costs shall be borne by the latter.

S. 779 C right of area / I. object and registration in the land register C. right of area I. object and registration in the land register the owner can establish to a third party an easement giving it the right to have or make constructions on the collateral Fund, is below.
Unless agreed otherwise, this right is transferable and passes to the heirs.
If the easement has the character of a separate and permanent right, it can be registered as property in the land registry.

New content according to chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 779aC. right / II. Constitution II. Constitution the Constitution of a right is valid only if it was passed in the authentic form.
The right annuity and any other contractual provisions must be passed in the authentic form when it is intended to annotate in the land registry.

Introduced by chapter I of the Federal law of 19 March 1965 (RO 1965 449; FF 1963 I 993). New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 779bC. right / III. Content, extent and annotation III. Content, range and annotation contractual provisions on the effects and scope of the right, including on the situation, the structure, the volume and destination of constructions, as well as the use of surfaces not built put to contribution by the exercise of the right, are mandatory for any purchaser of the right area and the encumbered immovable.
If the parties agree, other contractual provisions can be annotated in the land registry.

Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 779cC. right / IV. Effects at the expiration of the term / 1. Return of buildings IV. Effects at the end of period 1. Return of the expiry of the right of land constructions, constructions are back to the owner of the land and become an integral part of this Fund.

Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 779dC. right / IV. Effects at the expiration of the term / 2. Allowance 2. Allowance for buildings making it back, the owner of the Fund pays to the superficiary fair compensation which is however, for the creditors for whom the right was collateral pledge, a guarantee for the balance of their claims and which may not be paid to the superficiary without their consent.
If no allowance is neither paid nor guaranteed, the superficiary or a creditor in whose favour the right was collateral pledge may require that instead of the removed area right a same mortgage is registered as security for the compensation due.
Registration must be done not later than three months after the expiry of the right.

Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 779e introduced by chapter I of the Federal law of 19 March 1965 (RO 1965 449; FF 1963 I 993). Repealed by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), with effect from 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 779fC. right / V. return anticipated / 1. Conditions V. anticipated return 1. Conditions if the superficiary seriously exceeds its real right or Viola seriously contractual obligations, the owner may cause the anticipated return requesting the transfer to its name from the right with all the rights and charges attached thereto.

Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 779gC. right / V. return anticipated / 2. Exercise of the right of return 2. Exercise of the right to return the right to return cannot be exercised only with fair compensation for constructions that make return to the owner, the fault of superficies to justify the reduction of indemnity.
The right is transferred to the owner if the compensation has been paid or secured.

Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 779hC. right / V. return anticipated / 3. Other cases of application 3. Other cases of application the provisions regarding the exercise of the right of return shall apply at all means that the owner is reserved to prematurely terminate the right of area or to request the surrender in the event of breach of its obligations by the superficiary.

Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 779iC. right / VI. Guarantee of the right annuity / 1. Right to require the constitution of a mortgage VI. Guarantee of the right of area 1 annuity. Right to require the constitution of a mortgage the owner may apply to any current superficiary guarantee the annuity of the right through a mortgage for three annuities up the right registered in the land registry.
If the annuity is not in equal annual instalments, the registration of the legal mortgage may be required for the amount that the annuity being evenly distributed, represents three annuities.

Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 779kC. right / VI. Guarantee of the right annuity / 2. Registration 2. Registering the mortgage can be registered at any time during the term of the right and, in case of realization forced, it is not struck.
The provisions relating to the constitution of the mortgage of the craftsmen and entrepreneurs shall apply by analogy.


Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 779lC. right / VII. Maximum VII. Duration maximum area law cannot be established for more than a hundred years as a separate right.
It may at any time be extended, in the form prescribed for its constitution, for a new maximum of one hundred years, but about commitment in advance in this regard is zero.

Introduced by chapter I of the Federal law of 19 March 1965, in force since 1 Jul. 1965 (1965 449 RO; FF 1963 I 993).

S. 780 D. right to a source to fund others D. right to a source on funds of others the right to a source on funds of others requires the owner of this Fund to allow misappropriation and diversion of water.
Unless agreed otherwise, this right is transferable and passes to the heirs.
If the easement has the character of a separate and permanent right, it can be registered as property in the land registry.

S. 781 E. other easements E. other easements the owner can establish, to any person or a community, other easements on its Fund, on the condition that the Fund lends itself to particular enjoyment, for example, for shooting exercises or a passage.
These rights are not transferable unless otherwise agreed, and the scope is set to the ordinary needs of the copyright.
The provisions concerning land easements are also applicable.

S. 781aF. judicial measures F. judicial measures if the owner is not found or the prescribed bodies of a legal person or other legal entity are lacking, the provisions on judicial measures shall apply by analogy to the beneficiaries of an easement registered in the land registry.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

Chapter III: Land charges s. 782. Objet land load A. purpose of land load land subject to a third party the current owner of a Fund for certain benefits for which he is held on its building.
The load may be due to the current owner of another fund.
Subject to land charges under public law, benefits must be correlated with the economy of the encumbered funds or relate to the needs of the exploitation of the dominant tenement.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 783 B constitution and extinction / I. Constitution / 1. Acquisition and registration B. Constitution and extinction I. Constitution 1. Acquisition and registration registration in the land register is required for the establishment of land charges.
The inscription indicates a specified amount in Swiss currency as the value of the load; If the latter consists of periodic benefits, its value, in the absence of another estimate, is equal to twenty times the amount of annual benefits.
Unless otherwise, acquisition and registration of land charges are subject to the rules regarding real estate.

S. 784 B constitution and extinction / I. Constitution / 2. Land charges of law public 2. Land charges under public law legal hypothecs of cantonal law provisions shall apply by analogy to the constitution of the land of public law charges and their effects on third parties in good faith.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 785 repealed by chapter I 1 of the LF of 11 Dec. 2009 (schedule mortgage registry and rights in rem), with effect from 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 786 B constitution and extinction / II. Extinction / 1. In general II. Extinction 1. In general the land charge goes by the cancellation of the registration and the total loss of the encumbered immovable.
Waiver, redemption and other causes of extinction entitle the owner of the encumbered funds require the creditor that he consents to the cancellation.

S. 787b constitution and extinction / II. Extinction / 2. Redemption / a. right of the creditor to demand it 2. Redemption a. right of the creditor of require it the creditor may request the redemption of the land charge, when a convention so authorizes and, in addition: 1. If the encumbered immovable is divided, and that the creditor does not accept the postponement of debt on the land; 2. If the owner diminishes the value of the building without offering securities in Exchange; 3. If he has not paid his three consecutive years performances.

If the creditor requests the redemption of the land charge due to the division of the building, it must, within the time limit of one month from the day where the postponement of debt has become final, denounce the land charge with effect after twelve months.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 788 B constitution and extinction / II. Extinction / 2. Redemption / b. right of the debtor to operate it b. right of the debtor to operate it the debtor can request redemption, when a convention so authorizes and, in addition: 1. If the agreement of the land charge is not observed by either party; 2. thirty years after the establishment of the load, even if it had been established for a longer time or irrachetable.

When the redemption occurs after thirty years, the debtor must denounce him, in all cases, a year ahead of schedule.
The land charge that relates to a perpetual easement is not redeemable.

S. 789 B constitution and extinction / II. Extinction / 2. Redemption / c. the redemption v. redemption the redemption price price occurs for the amount entered in the land as registry value of the load, except the right to prove that the actual value is less than this amount.

S. 790 B constitution and extinction / II. Extinction / 3. Limitations 3. Imprescriptibility land load is imprescriptible.
The benefits payable are prescribed as soon as they became personal debt of the collateral owner.

S. 791 C effects / I. creditor right v. effects I. creditor right to the land charge gives no personal claim against the debtor, but only the right to be paid on the price of the collateral property.
Each performance became personal debt three years after the time of his due and then ceased to be guaranteed by the building.

S. 792 C effects / II. Nature of the debt II. Nature of debt when the building changes of owner, the purchaser's right payor of benefits that are the subject of the land charge.
If the encumbered immovable is divided, the owners of the plots become receivable of the land charge. The provisions on the division of immovables encumbered mortgage apply to deferral of debt on the plots.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

Twenty-second title: real estate pledge chapter I: provisions general article 793. Conditions / I. Forms of the real estate guarantee A. Conditions I. Forms of real estate pledge real estate pledge may be constituted in the form of a mortgage or a mortgage schedule.
Any other form is prohibited.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 794. Conditions / II. Secured claim / 1. Capital II. Secured claim 1. Capital real estate pledge may be constituted for a particular claim, whose amount will be shown in Swiss currency.
If the debt is indeterminate, the parties indicate a fixed sum real estate guarantee maximum.

S. 795. Conditions / II. Secured claim / 2. Interest 2. Interest interest service is set freely by the parties, subject to the legal provisions against wear.
Cantonal laws may fix the maximum of the rate of interest allowed for claims secured by a building.

S. 796. Conditions / III. Object of the pledge / 1. Buildings that may be pledged III. Object of pledge 1. Buildings that may be pledged real estate pledge consists that on real property registered in the land registry.
Cantonal legislation may submit to special rules or even prohibit the commitment of public buildings, the allmends or pastures that belong to corporations and that of these property rights of enjoyment.

S. 797. Conditions / III. Object of the pledge / 2. Designation / has. The unique building 2. A designation. The unique building collateral building must be specially designated during the establishment of the pledge.
Plots of immovable property may be taxed wages, until the division has not been brought to the land registry.

S. 798. Conditions / III. Object of the pledge / 2. Designation / b. Various buildings encumbered b. Encumbered buildings several buildings may consist pledge for the same claim, when they belong to the same owner or of several codebtors.

In all other cases of pledge established on several buildings for a same claim, each of the buildings must be charged for a specified part of it.
The distribution of the warranty is, unless agreed otherwise, proportionally to the value of the various buildings.

S. 798aA. Conditions / III. Object of the pledge / 3. Agricultural buildings 3. Agricultural buildings agricultural buildings commitment is also governed by the Federal Act of 4 October 1991 on rural land law.

Introduced by art. 92 c. 1. BA from oct 4. 1991 on rural land law, in force since 1 Jan. 1994 (1993 1410 RO; FF 1988 III 889).
RS 211.412.11 s. 799 B constitution and extinction / I. Constitution / 1. Registration B. Constitution and extinction I. Constitution 1. Registration real estate pledge is formed by registration in the land registry; remain reserved the exceptions provided by law.
The Constitution of the real estate pledge is valid only if it is passed in the authentic form.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 800 B constitution and extinction / I. Constitution / 2. If the building is property of several 2. If the building is owned by several each of the co-owners of an immovable may encumber its share of a right of pledge.
In the case of common ownership, the building may be subject of a pledge that in full and on behalf of all Communists.

S. 801 B constitution and extinction / II. Extinction II. Extinction real estate pledge extinguishes by the cancellation of the registration and the total loss of the building.
The extinction, in the case of expropriation for public utility, is governed by special laws of the Confederation and the cantons.

S. 802 B constitution and extinction / III. In the case of fragmentary meetings / 1. Displacement of the III guarantee. In the case of fragmentary meetings 1. Displacement of the guarantee when parcel meetings are taking place with the competition or under the supervision of public authorities, wages affecting buildings transferred pass, retaining their rank, received land in Exchange.
If a building replaces several that are subject to various claims or who are not all encumbered, pledge rights transferred to the building hit him for its new capacity and retain, if possible, their rank primitive.

S. 803 B constitution and extinction / III. In the case of fragmentary meetings / 2. Denunciation by the debtor 2. Denunciation by the debtor the debtor can redeem, at the time of the transaction, and subject to a prior notice of three months, the rights of pledge on the buildings included in a parcel meeting.

S. 804 B constitution and extinction / III. In the case of fragmentary meetings / 3. Compensation in money 3. Compensation in money when an allowance is paid for a building subject to rights of pledge, it is distributed among the creditors according to their rank or ADR the franc if they are of the same rank.
The allowance may be paid to the debtor without the consent of the creditors, if it is more than one-twentieth of the secured claim or if the new building does not constitute a sufficient security.

S. 805 C effects / I. scope of the right of the creditor v. effects I. scope of the right of the creditor the pledge real estate hit the building with its integral parts and accessories.
Objects designated specifically as accessories in the Act of assignment and mentioned in the land registry, including machines or hotel furniture, are presumed to such, if it is not proven that this quality cannot be allocated to them under the terms of the Act.
The rights of third parties on the accessories remain reserved.

S. 806 C effects / II. Rents and rents II. Rents and rents the pledge on a building lease also includes the rents or rents that ran from continued implementation of pledge begun by the creditor or the declaration of bankruptcy of the debtor, until the time of the realization.
This right is opposable to the tenants and farmers only after notification to them made the continuation or after the publication of the bankruptcy.
The legal acts of the owner in respect to rents or unmatured rents, or the seizure of these benefits by other creditors, shall not apply to the creditor who has continued in realization of his pledge before the time when rents and rents have become payable.

S. 807 C effects / III. Applicability III. Imprescriptibility real estate pledge registration makes the indefeasible claim.

S. 808 C effects / IV. Security / 1. Depreciation of the building / a. interim measures IV. Security rights 1. Depreciation of the building a. provisional measures when the owner reduced the value of the collateral, the creditor can be ordered by the judge to cease all wrongful acts.
The creditor may be authorized by the judge to take the necessary measures and there even the right, there is Péril en la demeure, taking his head.
The fees payable by the owner and refund it is guaranteed by a right of pledge on the building. This right of pledge was born without registration in the land registry and prime any load placed on the building.
If it exceeds 1000 francs and it has not been registered within four months from the end measures, the right of pledge cannot be opposed to third parties who have relied in good faith on the land register.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 809 C effects / IV. Security / 1. Depreciation of the building / b. Securities and the rule earlier b. Security and restoration of the previous state in the event of depreciation of the property, the creditor can require debtor's securities or the restoration of the previous state.
It can also request security if there is a danger of depreciation.
He is entitled to claim a refund enough for his guarantee, when the debtor does not run within the deadline set by the judge.

S. 810 C effects / IV. Security / 2. Depreciation without the fault of the owner 2. Depreciation without the fault of the owner the impairments that occur without the fault of the owner to the creditor give the right to require collateral or partial refund, that insofar as the owner is compensated for the damage suffered.
However, the creditor is allowed to take measures to counter the depreciation or prevent them. Costs guaranteed him by a right of pledge on the building, but the owner is personally liable. This right of pledge was born without registration in the land registry and prime any load placed on the building.
If it exceeds 1000 francs and that it has not been registered in the land registry within four months from the end measures, the right of pledge cannot be opposed to third parties who have relied in good faith on the land register.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 811 C effects / IV. Security / 3. Disposal of small patches 3. Disposal of small plots when the owner of the encumbered immovable in alienates a parcel with a value less than the twentieth of the debt, the creditor may only refuse relief from this parcel, provided that a proportional payment is paid to him or the rest of the building gives a sufficient guarantee.

S. 812 C effects / V. Constitution later real rights V. subsequent Constitution of real rights the owner of the building incorporated pledge can validly renounce the Faculty of encumber it other real rights.
Real estate pledge premium all easements or land charges which the building could be charged later unless the creditor would have allowed the constitution; they are revoked, if, in the pledge, their existence against the previous creditor.
The connection however creditors subsequently registered, the person entitled may, if implemented, require that the value of the easement or land charge be paid by preference.

S. 813 C effects / VI. Mortgage box / 1. Effects VI. Mortgage box 1. Effects the guarantee provided by the real estate pledge is attached to the mortgage box assigns the inscription.
Rights of pledge may be established in second row or rank any, as long as the amount by which they are winning is indicated in the registration.

S. 814 C effects / VI. Mortgage box / 2. Order 2. Order when pledges of different rank are formed on a building, the removal of one of them does not advance the posterior creditor in the free box.
The owner has the right to establish a new right of pledge in place and one which has been cancelled.
Agreements giving the right to take advantage of the free boxes to subsequent creditors have no real effect unless they are annotated in the land registry.

S. 815 C effects / VI. Mortgage box / 3. Free boxes 3. Free boxes

When a right of pledge was in a posterior row and there is no other which premium, or that the debtor was not afforded a title of previous pledge, or that the previous debt reached not the amount, the price of the building is in case of realization attributed to secured creditors, according to their rank and without regard to the free boxes.

S. 816 C effects / VII. Realization of the right of pledge / 1. Mode of implementing VII. Realization of the right of pledge 1. Mode of implementing fault by the debtor to comply with its obligations, the creditor has the right to pay the price of the building.
Is void any clause which would allow the creditor to appropriate the property default of payment.
If several buildings consist pledge for the same claim, the creditor must simultaneously pursue the realization; It will however take place only to the extent deemed necessary by the prosecution office.

S. 817 C effects / VII. Realization of the right of pledge / 2. Distribution of the price 2. Distribution of the price the price of sale of the property is distributed among the creditors according to their rank.
The creditors of the same class contribute to the franc mark.

S. 818 C effects / VII. Realization of the right of pledge / 3. Extent of warranty 3. Scope of the warranty the real estate pledge guarantees the creditor: 1. the capital; 2. the costs of prosecution and interest arrears; 3. the interests of three years expired at the time of the opening of bankruptcy or the sale requisition and those who have run since the last deadline; the mortgage schedule guarantees the creditor that interest actually owed.

The primitive interest rate cannot subsequently be increased to more than 5% to the detriment of subsequent creditors.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 819C. effects / VII. Realization of the right of pledge / 4. Guarantees for necessary expenses 4. Guarantees for necessary expenses required expenses that the creditor made for the preservation of the building, including by paying due by the owner, insurance premiums are guaranteed by a right of pledge on the building. This right of pledge was born without registration in the land registry and prime any load placed on the building.
If it exceeds 1000 francs and that it has not been registered in the land registry within four months of the completion of the Act in question, the right of pledge cannot be opposed to third parties who have relied in good faith on the land register.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 820 C effects / VIII. Lien in the event of ground improvements / 1. Rank VIII. Right of pledge in the case of improvements of the ground 1. Rank when a rural building increased value as a result of a soil improvement performed with the assistance of public authorities, the owner may encumber it for his share of expenses, in favour of his creditor of a right of pledge, which is registered in the land registry and that premium all other registered charges on the Fund.
The owner may not encumber its funds only for two-thirds more than its costs, when the soil improvement has been executed without subsidy from the State.

S. 821 C effects / VIII. Lien in the event of ground improvements / 2. Extinction of the debt and the pledge 2. Extinction of the debt and the pledge in the case of ground improvements carried out without subsidy from the State, registered debt will be amortized by annuities which may not be less than 5% of the capital.
The right of pledge shall lapse, both for the debt for each annuity, three years after they became payable, and subsequent creditors argue according to their rank.

S. 822 C effects / IX. Right to the IX insurance indemnity. Right to the insurance indemnity payable benefits cannot be paid to the owner of the consent of all the creditors having a right of pledge on the building.
They are however paid against sufficient collateral to the owner, for the restoration of the encumbered immovable.
Remain reserved the rules of cantonal law on insurance against fire.

S. 823C. effects / X. creditor found X. creditor not found when the pledgee cannot be identified or domicile is unknown, the judge may, on motion of the debtor or other interested parties, order the necessary measures in cases where the personal intervention of the creditor is provided for by law and where there is instead of taking emergency a decision.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

Chapter II: Of the mortgage article 824. But and nature A. purpose and nature the mortgage can be incorporated for safety of a debt any, current, future, or merely possible.
The encumbered immovable can do not belong to the debtor.

S. 825 B constitution and extinction / I. Constitution B. Constitution and extinction I. Constitution mortgage incorporated even for security claims undetermined or variable receives a fixed box and keeps his rank, notwithstanding all fluctuations of the sum secured.
The office of the land registry shall issue an extract to the creditor who so requests; This excerpt, exclusively designed to make proof of registration, is not a paper value.
The snippet can be replaced by a certificate of registration on the contract.

S. 826 B constitution and extinction / II. Extinction / 1. Radiation II. Extinction 1. Radiation when the debt is extinguished, the owner of the encumbered immovable has the right to demand that the creditor that he consents to the cancellation.

S. 827 B constitution and extinction / II. Extinction / 2. Right of the owner who is not personally held 2. Right to the owner who is not required to personally the owner who is not personally liable for the mortgage debt may related his building under the same conditions as those made to the debtor to extinguish the debt.
It is subrogated to the rights of the creditor that it ignores.

S. 828 B constitution and extinction / II. Extinction / 3. Mortgage purge / a. Conditions and procedure 3. Serving mortgage a. Conditions and procedure when a building is burdened beyond its value of debts which the purchaser is not required to personally, cantonal laws may authorize it to purge registered mortgages, before any prosecution by paying the purchase price or, in the case of acquisition for free, the amount that it assesses the building to creditors.
Writing and six months in advance, he made its offer to creditors to pay off the mortgages listed.
The offered amount is divided among the creditors according to their rank.

S. 829 B constitution and extinction / II. Extinction / 3. Mortgage purge / b. auction public. public auction the creditors have the right, within one month from the offer of purge, to require the sale of the pledge at public auctions against the advance of costs; auctions take place, after publication, in the month from the day where they were required.
If a price higher than the amount offered has been obtained, this award is distributed among the creditors.
Auction fees are the responsibility of the purchaser, if the price was greater than the amount offered; otherwise, borne by the creditor who required them.

The expression "within the month" corresponds to the German and Italian texts. The fault of drafting in the french text of the RO, where he wrote "in the second month", came from an apparent oversight that occurred during the parliamentary proceedings.

S. 830 B constitution and extinction / II. Extinction / 3. Mortgage purge / c. estimate official v. official estimate cantonal laws can replace public auction by one official estimate, which is rule for the distribution among the creditors.

S. 831 B constitution and extinction / II. Extinction / 4. Information 4. Denunciation when the owner is not personally liable, the denunciation of reimbursement by the creditor it is enforceable unless it took place both in its regard as against the debtor.

S. 832 C effects of the mortgage / I. property and pledge / 1. C. effects of the mortgage total alienation I. property and pledge 1. Total disposition disposition of the mortgaged property does not, unless otherwise agreed, no change in the debtor's obligation and warranty.
However, if the purchaser is responsible for the debt, the original debtor is released unless the creditor him writing declares in the year, it intends to not waive its rights against him.

S. 833 C effects of the mortgage / I. property and pledge / 2. Crushing 2. Crushing if a portion of the encumbered immovable is sold if the alienation is one of several buildings encumbered belonging to the same owner, or if the building is divided, the warranty, unless otherwise agreed, is distributed proportionally to the value of the various fractions of the pledge.
A creditor who does not accept this distribution may, in the month from agenda where it became final, require repayment within one year.
When purchasers are responsible for the portion of debts assigned on their plots, the original debtor is released, unless the creditor him writing declares in the year, it intends to not waive its rights against him.

S. 834 C effects of the mortgage / I. property and pledge / 3. Notice to the creditor 3. Notice to the creditor

If the purchaser is responsible for the debt, the Registrar shall notify the creditor.
It must make its statement in the year of this notice.

S. 835 C effects of the mortgage / II. Assignment of the II. Assignment of the registration in the land register is not necessary to validate the assignment of receivables secured by a mortgage.

S. 836D. legal hypothecs / I. Cantonal law D. mortgage legal I. Cantonal law where cantonal law grants to the creditor a claim to the institution of a right of pledge real estate for debts in direct connection with the encumbered immovable, this right is composed by its registration in the land registry.
If legal mortgages exceeding 1000 francs were born without registration in the land registry under cantonal law and they are not registered in the land registry within four months from the payment falls due on which they are based or at the latest within two years from the birth of the debt, they may not be invoked , after the deadline for registration, to third parties who have relied in good faith on the land register.
More restrictive cantonal regulations are reserved.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 837 d. hypothecs / II. Federal private law / 1. Case II. Right private federal 1. Cases may require the inclusion of a legal mortgage: 1. the vendor of an immoveable on this building in guarantee of the debt; 2. the heirs and other undivided, the buildings belonged to the community, as security for claims arising from the sharing; 3. entrepreneurs and artisans employed in the construction or destruction of buildings or other structures, in the erection of scaffolding, securing of an excavation or other similar works on the immovable for which they provided the materials and labour or labour only, that their debtor is the landowner, a craftsman or a contractor, a tenant, a farmer or another person having an interest in the building.

If the debtor of the receivable is a tenant, a farmer or a person having an interest in the building, artisans and contractors have the right to require the inclusion of a legal mortgage if the landowner agreed to the performance of the work.
The beneficiary may waive these legal hypothecs in advance.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. D. legal hypothecs 838 / II. Federal private law / 2. Seller, joint-heirs, undivided 2. Seller, joint-heirs, undivided legal mortgage vendor, the heirs or the undivided will be included at the latest within three months following the transfer of the property.

S. 839D. legal hypothecs / II. Federal private law / 3. Artisans and entrepreneurs / a. registration 3. Artisans and entrepreneurs a. registering the mortgage of the artisans and entrepreneurs can be registered from the day where they are forced to perform the work or works promised.
Registration must be obtained no later than within four months following the completion of the work.
It takes place only if the amount of the pledge is established by recognition of the owner or by the judge; It may be required if the owner provides sufficient security to the creditor.
If the building is unquestionably part of the administrative heritage, and debt does not result from its contractual obligations, the owner responds to the artisans and entrepreneurs of claims recognized or established by judgment, in accordance with the rules on the single bond, provided that creditors submitted their claim in writing no later than within four months following the completion of the work by taking advantage of the legal guarantee.
If ownership of the building to the administrative heritage is disputed, the artisan or contractor may require a provisional registration of the right of pledge in the land register no later than within four months following the completion of the work.
If it is found on the basis of a judgment that the building is part of the administrative heritage, the provisional registration of the pledge is deregistered. So far as the conditions laid down in para. 4 are met, the legal bond replaces. The time limit is deemed saved by the provisional registration of the right of pledge.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 840 D. legal hypothecs / II. Federal private law / 3. Artisans and entrepreneurs / b. rank b. rank the artisans and entrepreneurs for the benefit of separately listed legal hypothecs compete between them equal right, even if entries are different dates.

S. D. legal hypothecs 841 / II. Federal private law / 3. Artisans and entrepreneurs / c. Privilege v. Privilege if the artisans and entrepreneurs suffer a loss in the realization of their pledges, the creditors of previous rank compensate them on their own share of collocation, net of the value of the soil, to the extent that these creditors could recognize that the constitution of their wages would prejudice the artisans and entrepreneurs.
Prior ranking creditors who surrender their real estate pledge securities meet the artisans and entrepreneurs in the amount that they are frustrated by the assignment.
As soon as the beginning of the work mentioned in the land register on the advice of a beneficiary, and until the end of the registration deadline, no real estate pledge may be registered, if in the form of mortgage.

Chapter III: of the mortgage schedule art. 842 A general provisions / I. purpose; report with the basic claim A. provisions general I. purpose; report against the claims of basic mortgage schedule is a personal debt secured by a real estate pledge.
Unless agreed otherwise, the claim resulting from the mortgage schedule coexists, where appropriate, with the debt to secure from the report between the creditor and the debtor.
The debtor remains free, as regards the debt resulting from the schedule, assert personal exceptions from the basic to the creditor and his successors report, if they are not in good faith.

S. 843 A general provisions / II. Types II. Types the mortgage schedule takes the form of a mortgage schedule registry or a mortgage schedule on paper.

S. 844 A general provisions / III. Right of the owner who is not personally liable III. Right of the owner who is not personally liable the owner who is not personally liable is subject to the rules governing mortgages.
It may oppose the creditor any defences of the obligor.

S. 845 A general provisions / IV. Alienation, division IV. Alienation, division the effects of alienation and the division of the building are governed in mortgage schedules by the provisions applicable to the mortgage.

S. 846 A general provisions / V. credentials of the mortgage schedule and collateral agreements / 1. In general V. debt mortgage schedule and collateral agreements 1. In general the debt resulting from the mortgage schedule can refer to the basic report or incorporate condition or consideration.
The mortgage schedule can contain collateral agreements relating to interest, depreciation and the denunciation, as well as other ancillary clauses regarding the claim resulting from the mortgage schedule. It may then be referred to a separate agreement.

S. 847 A general provisions / V. credentials of the mortgage schedule and collateral agreements / 2. Termination 2. Termination unless otherwise agreed, the mortgage schedule can be denounced by the creditor or the debtor for the end of one month notice of six months.
Such an agreement may provide for the creditor a period of withdrawal less than three months, unless that debtor is in residence for depreciation or interest payment.

S. 848 A general provisions / VI. Protection of good faith VI. Protection of good faith content of the inscription is rule for the debt resulting from the mortgage schedule and the right of pledge against any person of good faith.

S. 849 A general provisions / VII. Defences of the obligor VII. Exceptions of the debtor the debtor cannot argue that the exceptions deriving from registration in the land registry, those he personally against the creditor pursuing, or, in the case of the mortgage schedule on paper, those deriving from the title.
Conventions which contain ancillary clauses relating to the claim resulting from the mortgage schedule are against third parties of good faith if they are registered in the land registry; in the case of the mortgage schedule on paper, they must also result from the title.

S. 850 A general provisions / VIII. Attorney powers VIII. Powers founded a powers attorney may be appointed during the creation of a mortgage schedule. It is responsible for pay and cash, to receive communications, to grant relief and generally safeguard rights diligently and impartially, both of the creditor of the debtor and the owner.

The name of Attorney powers must appear in the land registry and title of pledge.
If authorities go out and interested parties cannot agree, the judge shall take necessary measures.

S. 851 A general provisions / IX. Place of payment IX. Place of payment unless otherwise agreed, the debtor must make all payments to the creditor's domicile.
If the creditor has no known domicile or change of domicile in a manner detrimental to the debtor, the latter can break free recording these payments, to his own home or previous residence of the creditor, the hands of the competent authority.

S. 852 A general provisions / X changes X. changes if the mortgage schedule is changed in favour of the debtor, especially if it pays a deposit, he may apply to the creditor that it consents to the registration of the amendments to the land registry.
In the case of mortgage schedules on paper, the office of the land registry registered the changes on title.
In the absence of registration in the land register or on the title, that changes are not opposable to the purchaser in good faith of the mortgage schedule.

S. 853 A general provisions / XI. Full payment XI. Payment in full when the debt contained in the mortgage schedule has been paid in full, the debtor may require the creditor: 1. in the case of a schedule mortgage registry, that it consents the transfer in its name; 2. with regard to a mortgage schedule on paper, that he surrender the non cancelled disposition.

S. 854 A general provisions / XII. Extinction / 1. The absence of creditor XII. Extinction 1. Absence of creditor if there is no creditor or the creditor waives the right of pledge, the debtor has the option to cancel the registration or allow it to remain in the land registry.
The debtor may also reuse the mortgage schedule.

S. 855 A general provisions / XII. Extinction / 2. Radiation 2. Radiation the mortgage schedule on paper cannot be removed from the registry before the cancellation or judicial annulment of the title.

S. 856 A general provisions / XIII. Summons to the creditor to publicize XIII. Summons to the creditor to make themselves known when the creditor of a mortgage schedule has remained unknown for ten years and that interests have not been claimed during this period, the owner of the encumbered immovable may require of the judge that he publicly sum the creditor to make themselves known within six months.
If the creditor does not know within six months and it is clear from the investigation that, in all likelihood, debt no longer exists, the judge ordered: 1. in the case of the mortgage register schedule, the cancellation of the right of pledge in the register land; 2. in the case of the mortgage schedule on paper, its cancellation and the cancellation of the right of pledge in the land registry.

S. 857 B mortgage registry schedule / I. mortgage registry Constitution B. schedule I. Constitution mortgage schedule register consists of the entry in the land register.
It is registered on behalf of the creditor or owner.

S. 858 B mortgage schedule register / II. II transfer. Transfer the mortgage schedule of register transfer takes place by the inclusion of the new creditor in the land register on the basis of a written statement of the former creditor.
The debtor cannot execute its delivery with full discharge effect in the hands of one who, when the payment is entered in the register as a creditor.

S. 859 B mortgage registry Schedule / III. Placing pawning, seizure and usufruct III. Pledging, seizure and usufruct the constitution of a right of pledge furniture on a mortgage schedule register held by registration in the land register of the holder of the right on the basis of a written declaration of the registered creditor.
The collection takes place by registration in the land register of the restriction of the right of self-determination.
The usufruct is constituted by registration in the land registry.

S. 860 C mortgage schedule on paper / I. Constitution / 1. Inscription C. mortgage schedule on paper I. Constitution 1. Register an is issued for any mortgage schedule on paper recorded in the land register.
The mortgage schedule on paper may indicate as creditor bearer or a specific person, such as the owner himself.
Registration produces its effects before the creation of the title.

S. 861 C mortgage schedule on paper / I. Constitution / 2. Gage title 2. Title of pledge the mortgage schedule on paper is compiled by the office of the land register.
It is valid only with the signature of the Registrar of the land registry. The federal Council shall apply under Forms.
The mortgage schedule may be issued to the creditor or his representative with the express consent of the debtor and the owner of the encumbered immovable.

S. 862 C mortgage schedule on paper / II. Protection of good faith II. Protection of good faith the substance of the mortgage schedule on paper drawn up in due form is rule against anyone who relied in good faith on the title.
The land register shall be authentic if the title is not in conformity with the inscription or that there is no registration.
The purchaser in good faith of the title is however entitled, according to the rules established for the land registry, the compensation for the damage he has suffered.

S. 863 C mortgage schedule on paper / III. The creditor's rights / 1. Exercise III. The 1 creditor's rights. Exercise the claim resulting from a mortgage schedule can be neither alienated nor pledged, nor be the subject of another provision, if using the title.
The right to assert the claim is reserved judicial cancellation of title or when the title has not yet been drawn up.

S. 864 C mortgage schedule on paper / III. The creditor's rights / 2. Transfer 2. Transfer of the title to the buyer is necessary for the transfer of the debt evidenced by a mortgage schedule.
If the title is nominative, operated transfer and the name of the purchaser herein.

S. 865 C mortgage schedule on paper / IV. Cancellation IV. Cancellation 1 when a title is lost or destroyed without intention to extinguish the debt, the creditor may request the judge he pronounced the cancellation and requires payment or, if the claim is not yet payable, deliver a new title.
2. the cancellation takes place in the manner prescribed for securities in bearer form; the opposition period is six months.
3. the debtor similarly has the right to pronounce the annulment of a paid title that cannot be represented.

S. 866-874 repealed chapter IV: emissions of land titles article 875 a. Obligations land A. Obligations foncières of registered bonds or bearer may be secured by a real estate guarantee: 1. by forming a mortgage or a mortgage schedule for the entire mortgage and by appointing a representative of the creditors and the debtor's; 2. by forming a real estate guarantee for the entire mortgage in favour of the establishment of the program and on the debt so secured a pledge in favor of bondholders.

S. 876 to 883 repealed by chapter I 1 of the LF of 11 Dec. 2009 (schedule mortgage registry and rights in rem), with effect from 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

Twenty-third title: furniture pledge chapter I: the pledge and the right of retention article 884. pledge / I. Constitution / 1. Possession of creditor A. pledge I. Constitution 1. Possession of the creditor outside the exceptions provided by law, securities things cannot be made pledge as collateral.
Who, in good faith, receives something pledged acquires a right of pledge, even if the author of the pledge was not entitled to dispose; remain reserved rights deriving to third parties of their prior possession.
The right of pledge does not exist, as long as the grantor only keeps effective control of the thing.

S. 885. pledge / I. Constitution / 2. Commitment of cattle 2. Commitment of the cattle in the rights of lien on the cattle may be assembled, without transfer of possession, by an entry in a public register and a notice given to the prosecution office, to secure claims of credit institutions and of cooperative societies which were obtained from the competent authority of the canton where they have their headquarters the right to similar operations.
The keeping of the register is regulated by an order of the federal Council.
The cantons may levy a fee for entries in the register and operations related to them; they refer to the districts and officials responsible for the maintenance of the register.

New content according to chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).
New content according to chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 886. pledge / I. Constitution / 3. Subsequent pledge right 3. Right of subsequent gage the owner may constitute a right of subsequent pledge, the requirement to give written notice to the secured creditor and to inform it in addition there to deliver the thing to the other creditors once the debt is paid.

S. 887. pledge / I. Constitution / 4. Commitment by the creditor 4. Commitment by the creditor the creditor may initiate the thing pledged only with the consent of the which he took.

S. 888. pledge / II. Extinction / 1. Loss of possession II. Extinction 1. Loss of possession

The pledge extinguishes as soon as the creditor ceases to own the pledge and that it cannot claim it for third-party owners.
The effects of collateral shall be suspended as long as the grantor only keeps effective control of the thing with the consent of the creditor.

S. 889. pledge / II. Extinction / 2. Return 2. Return the creditor shall return the thing to the person entitled, when his pledge is off by payment or for another reason.
He is required to return all or part of the pledge only after having been paid in full.

S. 890. pledge / II. Extinction / 3. Responsibility of the creditor 3. Responsibility of the creditor the creditor responds the depreciation or the loss of the pledge, unless he proves that the damage occurred without his fault.
It must the reparation of the damage, if its leader alienated or engaged the thing received as collateral.

S. 891. pledge / III. Effects / 1. The III creditor's rights. Effects 1. Rights of creditor a creditor who is not selfless has the right to pay on the price from the pledge.
Pledge guarantees the creditor the capital, interest, costs of prosecution and the interest.

S. 892. pledge / III. Effects / 2. Extent of the pledge 2. Scope of the pledge the pledge binds the thing and its accessories.
Unless otherwise agreed, the creditor makes fruit natural thing to the debtor as soon as they ceased to be an integral part.
The pledge extends to the fruits which, when performing, are an integral part of the thing.

S. 893. pledge / III. Effects / 3. Rank of pledge rights 3. Rights of pledge creditors are paid according to their rank, when the thing is encumbered by several rights of pledge.
The rank is determined by the date of the constitution of the assassins.

S. 894. pledge / III. Effects / 4. Covenant have 4. Have Covenant is void any clause that would permit the creditor to take the pledge due to lack of payment.

S. 895 B right of retention / I. Condition B. right of retention I. Condition the creditor who, with the consent of the debtor, is in possession of movable things or securities belonging to the latter, has the right to hold until payment, provided that its debt is due and there is a natural connection between the report and the selected object.
This connection is for traders as soon as the possession of the thing and the debt arises from their business relationship.
The right of retention even extends to things that are not the property of the debtor, provided that the creditor has received in good faith; remain reserved rights deriving to third parties of their prior possession.

S. 896 B right of retention / II. Exceptions II. Exceptions the right of retention can only be exercised on things which, by their nature, are not feasible.
It arises, is inconsistent with an obligation assumed by the creditor, either with the instructions given by the debtor during the delivery of the thing or previously, either with public order.

S. 897 B right of retention / III. Insolvency III. Insolvency when the debtor is insolvent, the creditor may exercise his right of retention even for the guarantee of a debt not payable.
If insolvency has occurred or came to the knowledge of the creditor subsequent to the return of the thing, it can still exercise his right of retention, notwithstanding the instructions given by the debtor or the requirement that he himself had previously assumed to make the thing a specific use.

S. 898 B right of retention / IV. Effects IV. Effects the creditor who has received neither payment nor sufficient guarantee may, after a prior warning given to the debtor, continue as in the pledge the realization of the chosen thing.
If it is registered, the servant or the office of bankruptcy is in lieu of the debtor acts necessary for the achievement.

Chapter II: of the pledge on receivables and other rights arts. 899 A. In general A. In general receivables and other inalienable rights may be pledged.
Except as otherwise provided, the collateral rules are applicable.

S. 900 B constitution / I. ordinary claims B. Constitution I. ordinary receivables receivables that are not identified by a title commitment or result of an acknowledgment of debt, takes place in writing and in addition, in the latter case, by the award of the degree.
The creditor and the grantor may give notice of the commitment to the third-party obligor.
The commitment of other rights operates in writing, observing the forms established for their transfer.

S. 901 B constitution / II. Securities II. Securities the commitment of the bearer securities is effected by their only release to the pledgee.
The engagement of other securities may take place only by the issue of the title with an endorsement or assignment.
The commitment of securities is governed exclusively by the law of 3 October 2008 on intermediated securities.

RS 957.1 introduced by c. 1 of the annex to the Federal law of 3 oct. 2008 on intermediated securities, in force since 1 Jan. 2010 (2009 3577 RO; FF 2006 8817).

S. 902b constitution / III. Securities representing goods and warrants III. Securities representing goods and warrants the pledging of securities representing commodities carries right pledge on these.
When a special pledge title (warrant) was created independently of title that represents goods, the commitment of the warrant is equivalent to pledge, provided that there is mention on the main title with indication of the amount secured and the deadline.

S. 903 B constitution / IV. Subsequent commitment of the receivable IV. Subsequent commitment of the claim the subsequent commitment of an already encumbered receivable of a right of pledge is valid only if the owner of the claim or the new secured creditor shall notify in writing the prior secured creditor.

S. 904 C effects / I. scope of the right of the creditor v. effects I. scope of the right of the creditor the pledge constituted debt producing interest or other periodic income, such as dividends, extends, unless otherwise agreed, to the current benefits, excluding those previously expired.
When these ancillary benefits are represented by specific titles, they are included in the pledge, unless otherwise provided, unless they have been engaged themselves in accordance with the law.

S. 905 C effects / II. II pledge of shares and shares of a limited liability company data representation. Representation of shares and shares of a limited liability company and pledge the shares pledged are represented in the General Assembly of the company by the shareholder himself and not by the pledgee.
A limited liability company shares given in pledge are represented in the meeting of shareholders by the shareholder himself and not by the pledgee.

New content according to Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).
Introduced by c. 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).

S. 906 C effects / III. Administration and reimbursement III. Administration and reimbursement the owner of the committed debt can denounce or operate the recovery and the pledgee has the right to compel him, if these measures are controlled by the interests of good management.
The debtor is notified of the pledge, cannot meet the hands of the owner or of the pledgee with the consent of the other person.
Without this consent, it must record.

Chapter III: Art. pawnbrokers 907. Etablissements loan pawn shop / I. authorization A. I. authorization NULL Pawnbrokers lending institutions can exercise the profession of pawnbroker without the permission of the cantonal government.
Cantonal legislation may prescribe that this permission will be granted to public institutions of the canton of Commons and General utility companies.
It may submit pawnbrokers to the payment of a fee.

S. 908. Etablissements loan pawn shop / II. Period II. Time permission is granted to private for a time limited; It may be renewed.
It can be withdrawn at any time at the Pawnbrokers who do not observe the provisions to which they are subject.

S. 909 B loan pawn shop / I. Constitution B. loan pawn shop I. Constitution the right of pledge shall consist of the return of the thing against a receipt.

S. 910 B loan pawn shop / II. Effects / 1. Sale of the II pledge. Effects 1. Sales of the pledge when the loan is not repaid to the agreed term, the creditor may, after having previously and publicly ordered the debtor to fulfil, to sell the pledge by the care of the competent authority.
The creditor has no personal action against the borrower.

S. 911 B loan pawn shop / II. Effects / 2. Entitlement to surplus 2. Right to the surplus excess of the selling price on the amount of the debt owned by the borrower.

When the latter has contracted several debts, they may be added for the calculation of the surplus.
The right to the surplus are prescribed by five years from the sale of the thing.

S. 912 B loan pawn shop / III. Refund / 1. Right to identify the thing III. Refund 1. Right to identify the thing may be discharged against restitution of the receipt, as long as the sale did not occur.
If the receipt is not produced, the thing might be discharged from the time of indebtedness, by him who justifies his right.
This faculty is also when six months have elapsed since such time, even if the lender had expressly reserved the faculty to the thing against restitution of the receipt.

S. 913 B loan pawn shop / III. Refund / 2. Rights of the lender 2. Rights of the lender the lender has the right, during the clearing, to require the whole interest of the month.
If it is expressly reserved the faculty to make the thing to any bearer of receipt, it can do so, unless he knows or must know the carrier got the receipt in an illicit way.

S. 914 C purchases under repurchase Pact v. purchases under repurchase Pact those doing business to buy under repo Pact shall be assimilated to pawnbrokers.

S. 915 D. D. cantonal law cantonal cantonal laws may establish other rules on the exercise of the profession of pawnbroker.


Repealed by ch. II 21 of the LF of Dec. 15. 1989 on the approval of legislative acts of the cantons by the Confederation, with effect from Feb 1. 1991 (1991 362 RO; FF 1988 II 1293).

Chapter IV...

S. 916 to 918 repealed by art. 52 al. 2 of the Federal law of June 25, 1930, on the issuance of letters of guarantee, with effect from Feb 1. 1931 (RO 47 113; FF 1925 III 547).

Part III: the possession and the land register twenty-fourth title: possession art. 919. Définition and forms / I. Definition A. Definition and forms I. Definition him who has effective control of the thing in a possession.
In easements and land charges, possession is in the effective exercise of the right.

S. 920. Définition and forms / II. Originating in possession and derivative II. Possession originating and derived when the owner delivers the thing to a third party to give either a right of easement or pledge, or a personal right, both have possession.
Those who possess ownership were originating in possession, the other a derived possession.

S. 921. Définition and forms / III. Momentary interruption III. Momentary interruption possession is not lost, when the exercise is prevented or interrupted by facts of a transient nature.

S. 922 B transfer / I. Between present B. transfer I. Between present possession is transferred by the delivery to the purchaser of the very thing or means which make it switch to its power.
The tradition is perfect as soon as the thing is, because of the will of the previous owner, in the power of the purchaser.

S. 923 B transfer / II. Between absent II. Between absent tradition is perfected between absent by the return of the thing to the purchaser or his representative.

S. 924 B transfer / III. Without tradition III. Without a tradition of possession may be acquired without tradition, when a third party or the seller itself remains in the possession of the thing to a special title.
This transfer does not produce effects against the third party remained in possession that moment where the seller advised.
The third party may refuse to issue to the purchaser for the reasons that would have enabled him to refuse the seller.

S. 925 B transfer / IV. Goods represented by securities IV. Goods represented by securities the transfer of securities issued in representation of goods performed by a carrier or a warehouse is equivalent to the tradition of the same goods.
If however the purchaser in good faith of the title is in conflict with a purchaser in good faith of goods, it has the preference.

S. 926 C legal scope / I. Protection of possession / 1. Right of defence C. scope legal I. Protection of possession 1. Right of defence the possessor has the right to repel by force any act of usurpation or disorder.
It can, when the thing was kidnapped by violence or illegally, the resume immediately, by expelling the usurper is a building and, if it's a security thing, pulling it to the exploitative surprised in flagrante delicto or stopped in his flight.
It must refrain from all assault not justified by the circumstances.

S. 927 C legal scope / I. Protection of possession / 2. Reintegrande 2. Reintegrande anyone who usurps a thing in the possession of any person is required to make it, even if he claims a preferable right.
This refund will not take place, if the defendant immediately establishes a better law that would allow it to resume the thing to the applicant.
Action tends to the return of the thing and the repair of the damage.

S. 928 C legal scope / I. Protection of possession / 3. Share due to disorder of possession 3. Share due to disorder of possession troubled in his possession can operate the author of disorder, even if the latter claims any right on the thing.
The action tends to stop disorder, to the defence of cause and repair of the damage.

S. 929 C legal scope / I. Protection of possession / 4. Revocation and limitation 4. Revocation and limitation the possessor is deprived of its action, if it does not call for the return of the thing or the cessation of the disorder immediately after the fact and the author of the infringement of his right.
Its action is prescribed by one year; time runs from the day the theft or disorder, even if the owner has known nothing but later harm suffered and the author thereof.

S. 930 C legal scope / II. Protection of the right / 1. Presumption of property II. Protection of the right to 1. Presumption of ownership the possessor of a movable thing is assumed to owner.
Previous owners are presumed to have been owners of the thing for the duration of their possession.

S. 931 C legal scope / II. Protection of the right / 2. Presumption derived possession 2. Presumption derived possession that owning a security thing, without the willingness to be owner, may rely on the presumption of property of the person from whom it takes this thing in good faith.
If someone claims to have under a personal right or one real right, other than the property, the existence of the right is alleged, but it cannot oppose this presumption that it holds the thing.

S. 932 C legal scope / II. Protection of / 3. Action against the owner 3. Action against the possessor of a movable thing can oppose any action against him the presumption that it is for the benefit of a preferable right; remain reserved the provisions concerning acts of usurpation or disorder.

S. 933 C legal scope / II. Protection of the right / 4. Provision and claim / a. entrusted things 4. Right of disposal and claim a. entrusted things good faith purchaser whereby a security thing is transferred as property or other real right by which it had been entrusted, must be maintained in its acquisition, even if the transferor had no permission to operate it.

S. 934 C legal scope / II. Protection of the right / 4. Provision and claim / b. things lost or stolen b. things lost or stolen the owner whereby a security thing has been stolen or who has lost, or is disqualified otherwise without his will, can claim for five years. Art. 722 is reserved.
The action to claim on cultural goods within the meaning of art. 2, al. 1, of the Act of 20 June 2003 on the transfer of cultural property whose owner is found to be loosened without willingness is prescribed by one year from the moment when the owner had knowledge of the whereabouts of the object and the identity of the owner, but no later than 30 years after it to has been withdrawn.
When the thing was acquired in public auction in a market or a merchant of objects of the same species, it can no longer be claimed against the first purchaser, nor against an another purchaser in good faith, if provided to reimburse the price he paid.
The refund is subject to the rules concerning the rights of the possessor in good faith.

New content according to chapter I of the Federal law of 4 oct. 2002 (animals), in force since 1 Apr. 2003 (RO 2003-463-466; FF 2002 3885 5418).
RS 444.1 introduced by art. 32 c. 1 of the Federal law of June 20, 2003 on the transfer of cultural property, in force since June 1, 2005 (RO 2005 1869; FF 2002 505).

S. 935 C legal scope / II. Protection of the right / 4. Provision and claim law / c. currency and securities to bearer c. currency and securities in bearer form the currency and the bearer securities may be claimed against a purchaser in good faith, even if the possessor to was withdrawn against his will.

S. 936 C legal scope / II. Protection of the right / 4. Provision and claim / d. In case of bad faith d. In case of bad faith who has not acquired bona fide possession of a movable thing can be forced at any time to restore it to the previous owner.
When it is not itself a purchaser in good faith, it may claim the thing against any subsequent owner.


S. 937 C legal scope / II. Protection of the right / 5. Presumption against buildings 5. Presumption with respect to buildings whether of buildings registered in the land registry, the presumption of law and possessory actions belong to the registrant.
However, that has effective control of the building can operate due to theft or disorder.

S. 938 C legal scope / III. Responsibility / 1. Possessor in good faith / a. enjoyment III. Liability 1. Possessor in good faith a. enjoyment the possessor in good faith which has enjoyed the thing under its alleged law does this head no compensation to that to which he is required to restore it.
It does neither losses nor damage.

S. 939 C legal scope / III. Responsibility / 1. Possessor in good faith / b. allowances b. allowances the possessor in good faith can claim the refund applicant's reimbursement of the necessary and useful expenses made and remember the thing until the payment.
The other expenses does not entitle her to any compensation, but it has the right to remove, before any refund, which he joined to the thing and which may be separated without damage, unless the applicant not him offers the equivalent.
The fruits collected by the owner shall be charged on what is due to him because of his expenses.

S. 940 C legal scope / III. Responsibility / 2. Possessor in bad faith 2. Possessor in bad faith the possessor in bad faith shall render the thing and compensate the beneficiary of any damage resulting from the improper detention, as well as fruit that he has received or failed to collect.
It has debt because its expenses only if the copyright had been in the need to make them himself.
He responds that the damage caused by his fault, as long it ignores who the thing must be returned.

S. 941 C legal scope / IV. Prescription IV. Prescription the possessor is entitled to prescribe has the ability to attach to possession of its author, if the prescription could run also in favour of the latter.

Twenty-fifth title: land register art. 942 a. organization / I. The land register / 1. In general a. organization I. The land register 1. In general the land register gives the status of the rights on immovable property.
It includes ledger, additional documents (plans, role, supporting documents, description) and the journal.
The land register can be held on paper or using the computer.
In the case of computerized keeping of land registry, the data entered produce legal effects if they are properly recorded in the system and equipment of the land registry office allow playback in the form of numbers and letters by technical processes or in the form of plans.

Introduced by c. 1 of the annex to the Federal law of 19 Dec. 2003 on electronic signatures, in force since 1 Jan. 2005 (RO 2004 5085; FF 2001 5423).
Introduced by c. 1 of the annex to the Federal law of 19 Dec. 2003 on electronic signatures, in force since 1 Jan. 2005 (RO 2004 5085; FF 2001 5423).

S. 943 A organization / I. The land register / 2. Registration / a. registered buildings 2. Registration a. registered buildings are registered as buildings in the land register: 1. the land; 2. 3 distinct and permanent rights on real property; the mines; 4. shares of co-ownership of an immovable.

The conditions and mode of registration rights separate and permanent, mines and the shares of co-ownership of real property are determined by an order of the federal Council.

New content according to chapter III of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 1001 RO; FF II 1962 1445).

S. 944 a. organization / I. The land register / 2. Registration / b. unregistered buildings b. unregistered buildings buildings that are not private property and those used for public use are registered only if there is in respect of rights in rem which registration must occur, or if the registration is provided for by cantonal laws.
When a registered building turns into building not subject to registration, it is eliminated from the land register.


Repealed by chapter I of the Federal law of 4 oct. 1991, with effect from 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 945 a. organization / I. The land register / 3. Records / has. The large book 3. Registers a. Ledger each building receives a slip and a separate number in the great book.
Forms to be observed in the case of division of a building or meeting of several funds are regulated by an order of the federal Council.

S. 946 a. organization / I. The land register / 3. Records / b. The slip of the land register b. The slip of the land register the entries in the various sections of the slip include: 1. the property; 2. easements and land charges established in favour of the building or on the property; 3. pledge rights whose building is burdened.

At the request of the owner, the accessories of the building may be mentioned on the slip; they are struck by the consent of all those whose rights are recorded by the land registry.

S. 947 a. organization / I. The land register / 3. Records / c. slips collectives v. slips collectives several buildings, even if not contiguous, can be registered on a single sheet with the consent of the owner.
The entries on this slip extend their effects, except for land easements, to all buildings which are gathered.
The owner may request at any time that certain buildings registered on a collective slip cease to be included; existing rights remain reserved.

S. 948 a. organization / I. The land register / 3. Records / d. Journal, parts supporting d. Journal, exhibits the requirements of registration are brought in the newspaper as they occur and as a result together with an indication of their author and their object.
Exhibits registration are duly classified and stored.
In the cantons where the Land Registrar has standing to draw up authentic acts, supporting documents may be replaced by a collection of securities, whose entries have a character of authenticity.

S. 949 a. organization / I. The land register / 4. Orders / has. In general 4. Orders a. In general the federal Council stops land registry forms, makes the necessary orders, and may prescribe accessories records.
The cantons have the right to enact the provisions relating to the registration of real rights on immovable property governed by cantonal legislation: the sanction of the Confederation remains reserved.

New content according to Chapter 1 of the annex to the Federal law of 19 Dec. 2003 on electronic signatures, in force since 1 Jan. 2005 (RO 2004 5085; FF 2001 5423).

S. 949aA. organization / I. The land register / 4. Orders / b. held computerized land register b. held computerized land register the block who wants to keep the land register through computer must get permission from the federal Department of justice and police.
The federal Council regulates: 1. the authorisation procedure; 2. the extent and details technical of the keeping of the register through information technology, in particular the process by which entries are deploying their effects; 3. the conditions under which, where appropriate, communications and transactions conducted with the land register may be electronic; 4. the conditions under which, where appropriate, General ledger data searchable without justification of interest may be made available to the public; 5. access to data, the recording of interrogations and the conditions for the withdrawal of the right of access in the event of use abusive; 6. the data protection; 7. long term data retention and archiving.

The federal Department of justice and police so that the federal Department of defence, protection of the population and sports define data models and uniform interfaces for the land registry and cadastral surveying.

Introduced by chapter I of the Federal law of 4 oct. 1991 (1993 1404 RO; FF 1988 III 889). New content according to Chapter 1 of the annex to the Federal law of 19 Dec. 2003 on electronic signatures, in force since 1 Jan. 2005 (RO 2004 5085; FF 2001 5423).

S. 950 A organization / I. The land register / 5. Official cadastral survey 5. Cadastral registration, the description of each property in the land register are performed on the basis of cadastral surveying, including a plan of the land register.
The Federal law of October 5, 2007 on geoinformation sets qualitative and technical requirements applicable to the official cadastral survey.

New content according to chapter II of the annex to the LF of 5 oct. 2007 on geoinformation, in force since 1 Jul. 2008 (2008 2793 RO; FF 2006 7407).
RS 510.62 s. 951 a. Organization / II. Keeping the land register / 1. Districts / a. jurisdiction II. Keeping the land register 1. Boroughs a. jurisdiction of the boroughs are trained for the holding of the land register.
The buildings are registered in the register of the district in which they are located.

S. 952 a. Organization / II. Keeping the land register / 1. Districts / b. buildings located in several boroughs b. buildings in several boroughs

The building located in several districts is registered in the register of each arrondissement, with reference to the register of other.
Requisitions and constituent registrations of rights in rem are in the register of the district where the largest part of the building.
Entries made in this office are communicated by the Registrar to the offices of the other boroughs.

S. 953 a. Organization / II. Keeping the land register / 2. Offices of the land register 2. Offices of the land register the Organization of offices of the land register, the formation of districts, the appointment and the treatment of officials, as well as the monitoring, are regulated by the cantons.
The provisions taken by the cantons, excluding those relating to the appointment and the treatment of civil servants, are subject to the approval of the Confederation.

New content according to ch. II LF of 15 Dec 21. 1989 on the approval of legislative acts of the cantons by the Confederation, in force since Feb 1. 1991 (1991 362 369 RO: FF 1988 II 1293).

S. 954 a. Organization / II. Keeping the land register / 3. Fees 3. Fees the cantons may collect fees for registration in the land registry and cadastral work relating thereto.
No fee is due for the entries determined by soil improvements or exchanges of land made to round a farm.

S. 955 a. Organization / III. Responsibility III. Responsibility the cantons are responsible for any damage resulting from the holding of the land register.
They have a right of recourse against the officials, employees and immediate supervisory authorities who have committed misconduct.
They may require a guarantee of their officials and employees.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 956 A organization / IV. Administrative supervision IV. Administrative supervision management of the offices of the land register is subject to the administrative supervision of the cantons.
The Confederation shall exercise the supervision.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 956aA. Organization / V. appeal / 1. Quality for use V. appeal 1. Quality to the decisions of the office of the land register may be appealed to the authority designated by the canton; the denial of justice, or the undue delay in the performance of an act equivalent to decisions.
Quality for use: 1. any person specifically by a decision of the office of the land register and having an interest worthy of protection that it is revoked or amended; 2. the supervisory authority administrative of the canton where the cantonal law grant him the right to appeal; 3. the federal authority exercising supervision.

Recourse is excluded when the registration, modification or cancellation of rights in rem or annotations have been brought to General Ledger.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 956bA. Organization / V. remedies / 2. Use procedure 2. Appeal proceedings the appeal before the cantonal instance period is 30 days.
An appeal may be brought at any time for denial of justice or undue delay in the performance of an act.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 957 repealed by chapter I 1 of the LF of 11 Dec. 2009 (schedule mortgage registry and rights in rem), with effect from 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 958 B registration / I. rights to register / 1. Property and rights in rem B. registration I. rights to register 1. Property and rights in rem in the land register is intended for the registration of the following real estate rights: 1. the property; 2. easements and land; 3 loads. rights of pledge.

S. 959 B registration / I. rights to register / 2. Annotations / a. personal rights 2. Annotations a. personal rights and personal rights, such as rights of first refusal, purchase and repurchase, farm and rent, leases can be annotated in the land registry in cases expressly provided for by law.
Thus, they become binding on subsequently vested on the building.

S. 960 B registration / I. rights to register / 2. Annotations / b. Restrictions of the right to alienate b. Restrictions of the right to dispose of the restrictions on the right to dispose of certain property can be annotated, where they result: 1. of a formal decision for the preservation of disputed rights or claims enforceable; 2. a seizure; 3. legal acts which the law authorizes the annotation, such as overriding trustee.

These restrictions become, by virtue of their annotation, binding on subsequently vested on the building.

New content according to Chapter 4 of the annex to the LF of 16 Dec. 1994, in force since 1 Jan. 1997 (RO 1995 1227 1309; FF 1991 III 1).
New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 961 B registration / I. rights to register / 2. Annotations / c. Provisional registrations v. provisional registration of provisional registrations may be taken: 1. by one who alleges a right real; 2. by that authorized by law to complement its legitimation.

They take place with the consent of the persons concerned or by virtue of a judicial decision; they have the effect that the law, if it is found later, becomes enforceable against third parties from the date of provisional registration.
The judge adjudicates the request and authorizes the provisional registration if the alleged right seemed to exist; It determines exactly the duration and effects of registration and fixed, where appropriate, a period in which the claimant will assert its right to justice.

New content according to ch. II 3 of Schedule 1 to the CPC from 19 Dec. 2008, in force since 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 961aB. registration / I. rights to register / 2. Annotations / d. registration of rights of posterior row d. registration of rights of posterior row the annotation does not prevent registration of a right of subsequent row.

Introduced by chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 962 B registration / II. Reference / 1. Restrictions of public law at the II property. Reference 1. Restrictions of public law at the public community property or another entity that performs a task in the public interest is held to refer to the land registry restriction, based on public law, the property of a specific building that it decided and which has effect impede sustainable use, permanently restrict the power of the owner to dispose of it or to create a sustainable determined obligation dependant in relation to the building.
If the restriction of the property goes, the community or the entity concerned is required to require the deletion of the reference in the land register. Failing this, the office of the land register can expunge reference to office.
Federal Council sets the cantonal law areas where the property restrictions should be mentioned in the land registry. The cantons may provide other references. They establish a list of the categories of relevant terms and communicate it to the Confederation.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 962aB. registration / II. Reference / 2. Of representatives 2. Peut representatives be included in the land register identity: 1 legal representative, at his request or the authority competent; 2. Administrator of the estate, the representative of the heirs, the official liquidator or executor, at his request, to that of an heir or the authority competent; 3. the representative of an owner, a secured creditor or of the person entitled to a servitude, its request or that of the judge found; 4. the representative of a legal person or other entity in the absence of prescribed bodies to its request or that of the judge; 5. the administrator of the community of owners of floors, at his request, to the Assembly of the owners of floors or for that of the judge.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 963 B registration / III. Conditions of registration / 1. Requisition / has. To register III. Conditions of registration 1. Requisition has. To register entries are on the written statement of the owner of the building to which relates their object.
This declaration is not necessary when the buyer is based on the law, or that it produces a judgment has res judicata or any other equivalent document.
The cantons can load public officers who have quality to prepare authentic acts, require the registration of documents received by them.

S. 964 B registration / III. Conditions of registration / 1. Requisition / b. For riffle b. In order to strike

The radiation or changes can be made only on the written statement of those to which the registration gives rights.
This statement may be replaced by the right holders signature on the journal.

S. 965 B registration / III. Conditions of registration / 2. Legitimation / a. validity 2. Legitimation a. validity no operation of the land register (registration, modification, radiation) may take place without prior legitimation of the applicant as to his right of disposal and the title on which is based the operation.
The applicant establishes his right of disposal by proving its identity with the person legitimated under the terms of registry, or as a representative of the latter.
It justifies its title by proving observed forms of validity of being subordinate.

S. 966 B registration / III. Conditions of registration / 2. Legitimation / b. Complement of legitimation b. legitimation Complement any request must be rejected if the legitimation is lacking.
However, if the title exists and whether made that complement the legitimization, the applicant may, with the consent of the owner or on the judge's order, take a provisional registration.

S. 967 B registration / IV. Registration mode / 1. General IV. Mode of registration 1. In general entries in the General Ledger are in the order of the prosecution's case, or in the order of the acts or declarations signed before the curator.
An extract of any registration is issued at the request of those concerned.
The form of registration, radiation and extracts is stopped by an order of the federal Council.

S. 968 B registration / IV. Registration mode / 2. Respect of easements 2. Respect of easements easements are registered and deregistered fact sheets of the dominant tenement and the servient tenement.

S. 969 B registration / V. notice mandatory V. mandatory notification the Registrar is required to communicate to stakeholders the operations to which it proceeds without that they have been warned. It advises in particular the acquisition of the property by a third party licensees which the pre-emptive right is annotated in the land register or exist under the Act and spring of the land register.
Time to attack these operations run as soon as the persons concerned have been notified.

New content according to chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 970C. advertising of the land register / I. Communication of information and consultation C. advertising of the land register I. Communication of information and consultation that which submits an interest has the right to consult the land register or make issue of extracts.
Everyone has access to the following information from the great book: 1. the designation of the building and its description; 2. the name and the identity of the owner; 3. the type of property and the date of acquisition.

The federal Council determines what other indications, for easements, land charges and particulars, can be made available to the public without justification of particular interest. In so doing, it takes into account the protection of personality.
No one can take advantage of what it has not known an inscription made in the land register.

New content according to Chapter 1 of the annex to the Federal law of 19 Dec. 2003 on electronic signatures, in force since 1 Jan. 2005 (RO 2004 5085; FF 2001 5423).

S. 970aC. advertising of the land register / II. Publications II. Publications the cantons may provide that acquisitions of real property are published.
In the case of personal sharing, anticipated inheritance, marriage or wind-up of the plan, contract remuneration is not published.

Introduced by chapter I of the Federal law of 4 oct. 1991 (1993 1404 RO; FF 1988 III 889). New content according to Chapter 1 of the annex to the Federal law of 19 Dec. 2003 on electronic signatures, in force since 1 Jan. 2005 (RO 2004 5085; FF 2001 5423).

S. 971 D. effects / I. effects of non-recordal D. effects I. effects of the non-recordal any right which the constitution is legally subject to a registration in the land register, exists as a real right only if this registration took place.
The extent of a right may be specified within the limits of the registration, by supporting documents or in any other way.

S. 972 d. effects / II. Effects of registration / 1. In general II. Effects of registration 1. In general real rights arise, take their rank and receive their date by registration in the General Ledger.
The effect of registration dates back to the time where it was made in the journal, provided that the supporting documents provided by law have joined at the request or, in the case of provisional registration, that additional legitimation took place in a timely manner.
In the cantons where the deed is drawn up by the Registrar by means of an entry in the collection of tracks, it replaces the entry in the journal.

S. 973 d. effects / II. Effects of registration / 2. With respect to the bona fide third party 2. Respect of third parties of good faith who acquires the property or other rights in rem relying in good faith on a registration of the land register, is maintained in its acquisition.
This provision does not apply to the limits of the buildings included in the permanent movement territories designated as such by the cantons.

Introduced by chapter I of the Federal law of 4 oct. 1991, in force since 1 Jan. 1994 (1993 1404 RO; FF 1988 III 889).

S. 974. D effects / II. Effects of registration / 3. Against third parties in bad faith 3. Against third parties in bad faith where a real right has been recorded improperly, entry cannot be invoked by third parties who experienced or have known defects.
Registration is made improperly, when it was effected without right or under a non-mandatory legal instrument.
One whose actual rights have been infringed may directly invoke the irregularity of registration against third parties in bad faith.

S. 974aE. cancellation and modification of entries / I. purification / 1. In the case of division of a building e cancellation and amendment of registration I. purification 1. In the case of division of a building if a building is divided, easements, annotations and references to each parcel must be purified.
The owner of the building to divide indicates in the land register entries that must be removed and those that must be carried forward. Otherwise, the requisition is rejected.
When it appears parts or circumstances that registration does not apply to certain plots, it must be struck out. The procedure follows that of cancellation of registration.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 974bE. cancellation and modification of entries / I. purification / 2. In the case of buildings 2 meeting. In the case of buildings meeting several buildings belonging to the same owner can be joined if no right of pledge or charge land should be transferred to the new building or consent of creditors.
When easements, annotations or references are included in these buildings, these can be met only if right holders consent or if their rights are not violated at the nature of the load.
Where easements, annotations or references are listed for the buildings, they cannot be reunited if the encumbered building owners consent or if the meeting doesn't cause no aggravation of the load.
The provisions relating to the treatment in the event of division of the building shall apply by analogy.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 975 E. cancellation and modification of entries / II. In the event of undue registration II. In the event of undue registration one whose actual rights have been violated by a made registration or entries changed or removed without legitimate cause, may require deletion or modification.
Remain reserved rights acquired in good faith third parties by registration, as well as all damages.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 976E. cancellation and modification of entries / III. Easier radiation / 1. Registration undoubtedly without legal value III. Easier radiation 1. Registration undoubtedly without legal value the land registry office may delete a registration office in the following cases: 1. it is limited in time and has lost any value legal as a result of the expiry of the deadline; 2. It concerns a right that cannot be surrendered, nor pass to the heirs of an owner died; 3. It cannot cover the Fund in question, taking into account its location; 4. It is a fund which has disappeared.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 976aE. cancellation and modification of entries / III. Easier radiation / 2. Other inscriptions / has. In general 2. Other entries a. In general

When a registration is most likely devoid of legal value, in particular because the evidence or circumstances indicate that it does not cover the building in question, anyone encumbered may require radiation.
If the land registry office maintains the request for bona fide, it communicates to the claimant that it will conduct radiation unless its share within 30 days.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 976bE. cancellation and modification of entries / III. Easier radiation / 2. Other inscriptions / b. In the case of opposition b. In the case of opposition if the having done right opposition, the land registry office, at the request of the subject person, re-examine the request for cancellation.
When the office of the land register concludes that, despite the opposition, the application is based, it communicates to the claimant that it will conduct radiation to General Ledger if, within a period of three months from the communication, latter introduced not legal action for that registration has legal value.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 976cE. cancellation and modification of entries / III. Easier radiation / 3. Public cleansing procedures 3. Public cleansing procedure when, within a certain perimeter, de facto or de jure relationships have changed and that accordingly, a large number of easements, annotations or references became obsolete in whole or in large part or that the situation has become uncertain, the authority designated by the canton may order the treatment around the perimeter.
This measure is mentioned in the leaves of affected buildings.
The cantons regulate the terms and the procedure. They can further facilitate this treatment of easements or adopt provisions derogating from federal law.

Introduced by c. I 1 of the LF of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 977 E. cancellation and modification of entries / IV. Corrections E. cancellation and amendment of registration / IV. Corrections IV. Corrections if the written consent of stakeholders made default, the Registrar may proceed at no correction without a decision by the judge.
Rectification may be replaced by the cancellation of the inaccurate and a new registration.
Simple clerical errors are corrected ex officio, in accordance with an order of the federal Council.

New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

Introduced by chapter II of the LF of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).
New content according to chapter I 1 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

Final title: entry into force and the application of the civil code Chapter 1: application of the old law and new law s. 1A general principles / I. retroactivity A. General principles I. retroactivity of laws the legal effects of facts prior to the entry into force of the civil code continue to be governed by the provisions of federal or cantonal law under the empire of which these facts are passed.
As a result, the binding force and effects of the acts performed prior to January 1, 1912 remain subject, even after that date, the law in force at the time when these acts took place.
On the contrary, the facts subsequent to January 1, 1912 are governed by this code, subject to the exceptions provided by law.

S. 2 A general principles / II. Retroactivity / 1. Public order and good morals II. Retroactivity 1. Public order and good morals of the civil code rules in the interest of public order and morals are applicable, upon their entry into force, on all the facts for which the law has not expected exception.
As a result, can no longer, since the entry into force of the civil code, receive no application rules of the old law which, according to the new law, are contrary to public order or morals.

S. 3A General principles / II. Retroactivity / 2. Empire of the Act 2. Law cases regulated by law independently of the will of the parties are subject to the new law, after the entry into force of the civil code, even if they go back to an earlier era.

S. 4A general principles / II. Retroactivity / 3. Non-vested rights 3. Non-vested the legal effects of facts that occurred under the former Act, but he is not resulted from rights acquired prior to the date of the entry into force of the civil code, shall be governed from this date by the new law.

S. 5b. right of persons / I. exercise of civil rights B. right of persons I. exercise of civil rights the exercise of civil rights is regulated in all cases, by the provisions of this Act.
However, persons who, to content of the former Act, were able to exercise their civil rights on the entry into force of the new law, but that would be more content, undergo no reduction of their capacity.

S. 6B. right of persons / II. Declaration of absence II. Declaration of absence the declaration of absence is governed by the new law on the entry into force of the civil code.
Of death or absence statements made under the former Act deploy after the entry into force of this code the same effects as the declaration of absence of the new Act; However remain the earlier effects of these measures made in accordance with the former Act, such as the devolution of heredity or the dissolution of the marriage.
If a procedure to end of declaration of absence was underway at the entry into force of the civil code, it is resumed from the outset according to the rules of this code, except to apply the time elapsed in the meantime; at the request of the parties concerned, it is nevertheless open to the following forms and by observing the time limits of the former Act.

S. 6aB. right of persons / IIa. Central data bank of the civil State IIa. Central data bank of the federal Council civil status sets the transition from conventional held in the computerized record-keeping.
The Confederation supports investment costs, to a maximum of 5 million francs.

Introduced by chapter I of the Federal law of 5 oct. 2001 (held computerized records of civil status), in force since 1 Jul. 2004 (RO 2004 2911; FF 2001 1537).

S. 6bB. right of persons / III. Legal persons / 1. In general III. Legal persons 1. Generally organized corporatively societies and institutions or foundations who have acquired the personality under the old Act the retain under the empire of this code, even if they could not acquire content of its provisions.
Existing legal persons which the new law makes the constitution to a registration in a public register is in must not least register, within five years from the entry into force of the civil code, even if the old law did not provide for this formality; absence of register within five years, they lose their status of legal persons.
Ecclesiastical foundations and family foundations that are not registered in the trade register on the date of entry into force of the amendment of December 12, 2014 (art. 52, para. 2) keep their quality of legal persons. They must deal with their registration in the trade register within a period of five years. Federal Council takes into account the particular situation of ecclesiastical foundations when setting requirements for registration in the register of trade.
The extent of the personality is determined in all cases by the new law, immediately after the entry into force of this code.

Formerly art. 7, then 6.
New content according to Chapter 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).
Introduced by c. I 1 of the LF of Dec. 12. 2014 on the implementation of the recommendations of the financial action task force, revised in 2012, in force since 1 Jan. 2016 (2015 1389 RO; FF 2014 585).

S. 6cB. right of persons / III. Legal persons / 2. Accounting and revision body 2. Accounting and Auditors the provisions of amendment of 16 December 2005 on the accounts and the auditors apply the fiscal year which begins with the entry into force of this Act or the following.

Introduced by c. 1 of the annex to the LF of 16 Dec. 2005 (right of the liability company limited; adaptation of the rights of the anonymous society, cooperative society, the register of trade and trade reasons), in force since January 1, 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).
2007 4791 RO; FF 2002 2949, 2004 3745 s. 7 c. family law / I. marriage C. I. marriage marriage family law is governed by the new law on the entry into force of the Federal law of June 26, 1998.

Upon the entry into force of the new law, tainted marriages a cause of nullity according to the old law can't be voided that under the new law, the time which has elapsed before that date being taken into account for the calculation of the time limits.

Introduced by c. I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
1999 1118 RO; FF 1996 I 1 s. 7aC. family law / I. Divorce / 1. Principle I. Divorce 1. Principle divorce is governed by the new law on the entry into force of the Federal law of June 26, 1998.
The Act not retroactive respect marriages validly dissolved in accordance with the old law; the new provisions on execution shall apply to annuities and capital allowances intended to compensate for the loss of the right to maintenance or paid as assistance.
The modification of the Decree of divorce rendered according to the old law is governed by the old law, subject to the provisions relating to children and the procedure.

Introduced by c. I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
1999 1118 RO; FF 1996 I 1 s. 7bC. family law / I. Divorce / 2. Trial pending divorce 2. Pending divorce lawsuit pending divorce proceedings that must be tried by a cantonal instance are subject to the new law on the entry into force of the Federal law of June 26, 1998.
The parties may present new findings on issues affected by the modification of the applicable law; points of judgment which are not appealed are definitive, provided that they are not material so closely linked yet open-ended questions that they justify an overall assessment.
The federal court applied the old law, when the contested decision was made before the entry into force of the Federal Act of 26 June 1998; It is the same when referring to the cantonal authority.

Introduced by c. I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).
1999 1118 RO; FF 1996 I 1 s. 7cC. family law / I. Divorce / 3. Period of separation in divorce pending 3 trials. Period of separation in the pending divorce lawsuit in the pending divorce lawsuit on the entry into force of the amendment of December 19, 2003, which knows a cantonal instance, the period of separation according to the new law is decisive.

Introduced by chapter I of the Federal law of 19 Dec. 2003 (period of separation in divorce law), in force since June 1, 2004 (RO 2004 2161 2162; FF 2003 3490 5310).
2004 2161 s. RO 8 c. family law / I. General effects of marriage / 1. Principle I. General effects of marriage 1. Principle the General effects of the marriage are regulated by the new law on the entry into force of the Federal law of October 5, 1984.

New content according to chapter I 4 of the Federal law of 26 June 1998, in force since 1 Jan. 2000 (RO 1999 1118; FF 1996 I 1).

S. 8aC. family law / I. General effects of marriage / 2. Name 2. Name the spouse who, at the conclusion of the marriage, changed its name before the entry into force of the amendment of the present code, on September 30, 2011 may report at any time to the civil status officer will continue its single name.

Introduced by c. I 2 of the Federal law of oct 5. 1984 (RO 1986 122 153 s. 1 FF 1979 II 1179). New content according to chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 8ga. family law / I. General effects of marriage / 3. Freedom of the city 3. Right of city within a period of one year from the entry into force of the new Act, the Swiss woman who married under the old law may declare to the competent authority of the former Township of origin you want to regain the freedom of the city that she had when she was single.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 9 c. family law / II. Matrimonial property regime for spouses married prior to January 1, 1912 II. Matrimonial property regime for spouses married prior to January 1, 1912 the pecuniary effects of marriages celebrated before 1 January 1912 are governed by the provisions of the civil code, which entered into force on that date on the application of the old law and the new law.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).

S. 9aC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 1. In general II. Matrimonial property regime for spouses married after January 1, 1912 1. In general the matrimonial regime of the spouses married to the entry into force of the Federal law of October 5, 1984 is, unless otherwise ordered, subject to the new law.
The monetary effects of marriages that have been dissolved before the entry into force of the Federal law of 5 October 1984 shall remain subject to the old law.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).
For the purposes of the transitional law, see also the old disp. the tit. 6, at the end of the civil code.

S. 9ga. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 2. Passage of the union of the goods to the regime of participation of acquisitions / a. treatment of goods 2. Passage of the union of the goods to the regime of participation in acquired assets a. treatment of assets spouses who were until then married under the regime of the union property are subject to the regime of participation in acquired assets in their dealings with each other and with third parties.
The assets of each spouse enter its own property or its acquests now depending on the character that attribute them to the rules of the new law. reserved property by marriage contract become own assets.
The woman takes ownership of his contributions in the husband's property or otherwise, exercises the corresponding reward.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 9cC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 2. Passage of the union of the goods to the regime of participation of acquisitions / b. Privileges b. Privileges the provisions of the former Act on the claim of the wife of the Chief of his contributions not represented in the enforcement against the husband remain valid for ten years from the entry into force of the new law.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 9dC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 2. Passage of the union of the goods to the regime of participation of acquisitions / v. Liquidation of the regime under the Act new v. wind-up of the plan under the new Act after the coming into force of the new Act, the winding-up is between the spouses for the duration of the old and the new ordinary regime according to the provisions on the participation of acquisitions unless the spouses have, at the time of this entry into force, already liquid their former regime based on the provisions of the union's assets.
Each spouse may, before the entry into force of the new Act, serve to his spouse, in writing, that their former regime will be liquidated in accordance with the provisions of the former Act.
If a matrimonial property regime is dissolved as a result of the admission of a claim prior to the entry into force of the new law, liquidation also takes place in accordance with the former Act.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 9eC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 3. Maintenance of the union of the goods 3. Maintaining the union of property the spouses who lived under the ordinary regime of union of assets, without amending it by marriage contract, may, by a joint written statement presented to the agent in the register of matrimonial property regimes in their home no later than within one year from the entry into force of the new law, agree to remain subject to this regime; the registry officer is an official list of these statements, that everyone can see.
This contract is not enforceable against third parties unless they have or had to have knowledge.
The reserved property of the spouses are now subject to the provisions on the separation of assets of the new law.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 9 FC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 4. Maintenance of the separation of property legal or judicial 4. Maintenance of separation of property legal or judicial spouses who were placed under the regime of separation of property legal or judicial are now subject to the new provisions on the separation of property.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 10. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 5. Marriage contracts / has. In general 5. Marriage contracts has. In general

When the spouses have entered into a marriage contract under the empire of the civil code, the contract remains in force and their matrimonial regime remains subject to the provisions on the reserved goods, the effects against third parties and separation of conventional property contained in this final title under the provisions of the old law as a whole.
The reserved property of the spouses are now subject to the provisions on the separation of assets of the new law.
Agreements modifying the distribution of earnings or deficit in the union of property regime may adversely affect reserve non-common children and their descendants.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).

S. 10aC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 5. Marriage contracts / b. effects with respect to the third b. effects towards third parties these regimes are against third parties if they have or should have knowledge.
If the marriage contract produced no effects against third parties, the spouses are now subject in their dealings with them to the regime of participation in acquired assets.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 10bC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 5. Marriage contracts / c. submission to the right new c. submission to the new law when spouses who are subject to the union's assets have changed this scheme by a marriage contract, they may, by a joint written statement presented to the register of matrimonial property regimes of their home worker no later than within one year from the entry into force of the new law agree to submit to the regime of participation in acquired assets.
In this case, the conventional allocation of earnings now applies to the sum of the benefits of both spouses, unless otherwise agreed in a marriage contract.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 10cC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 5. Marriage contracts / d. Separation of property conventional old law d. separate property conventional of the old law spouses who had adopted by marriage contract regime of separation of property are now subject to the regime of separation of the new law.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 10dC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 5. Marriage contracts / e. contracts of marriage concluded for the entry into force of the Act new e. marriage contracts concluded for the entry into force of the new law marriage contracts concluded before the entry into force of the Federal law of October 5, 1984 and which should produce effect only under the new law are not subject to the approval of the guardianship authority.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).
Currently: protection of the adult authority.

S. 10eC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 5. Marriage contracts / f. plans register matrimonial f. register of matrimonial property regimes from the entry into force of the Federal law of October 5, 1984, no new entry will be made in the register of matrimonial property regimes.
The right to consult the register remains guaranteed.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 11. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 6. Settlement of debts 6 matrimonial liquidation. Debt settlement marriage when, in a double liquidation following the entry into force of the new Act, the payment of a debt or the return of something expose the debtor spouse serious difficulties liquidation, it may apply to payment periods, dependant to provide security if the circumstances warrant.

New content according to c. I 2 of the Federal law of 5 oct. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1;) FF 1979 II 1179).

S. 11aC. family law / II. Matrimonial property regime for spouses married after January 1, 1912 / 7. Protection of creditors 7. Creditor protection provisions relating to change of matrimonial regime are applicable for the protection of creditors, to the changes determined by the entry into force of the Federal law of October 5, 1984.

Introduced by c. I 2 of the Federal law of oct 5. 1984, in force since 1 Jan. 1988 (RO 1986 122 153 s. 1 FF 1979 II 1179).

S. 12 c. family law / III. Filiation in general III. Filiation in general and the effects of filiation is subject to this act upon its entry into force; the family name and city rights acquired under the old law are preserved.
The wards at the entry into force of this Act which are subject by law to parental authority under the new legislation, pass under the authority of their mother and father no later than at the end of the year following the entry into force, unless otherwise ordered pursuant to the provisions concerning the withdrawal of parental authority.
The transfer or withdrawal of parental authority resulting from a decision taken by the authority according to the law previously in force remains in force after the entry into force of this Act.
If parental authority belongs only to one of the parents on the entry into force of the amendment of June 21, 2013, the other parent may, within a period of one year from the entry into force of the new law, apply to the competent authority to ask him to pronounce the joint parental authority. Art. 298b shall apply by analogy.
The parent to which parental authority is withdrawn during a divorce may apply only to the competent court if the divorce was granted in the five years preceding the entry into force of the amendment of June 21, 2013.

New content according to chapter I 2 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).
Introduced by chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).
Corrected by the HSO Editorial Committee. EDF. (art. 58, para. 1, PA;) RS 171.10).
Introduced by chapter I of the Federal law of June 21, 2013 (parental authority), in force since 1 Jul. 2014 (2014 357 RO; FF 2011 8315).

S. 12aC. family law / III. Adoption / 1. Maintenance of the old law III. Adoption 1. Maintenance of the old law the adoption made before the entry into force of the new provisions of the Federal law of June 30, 1972, amending the civil code remains subject to the law which entered into force on January 1, 1912; the consents that according to this law, were validly given shall remain valid in all cases.
People aged under 20 years old at the time of the entry into force of the Federal law of 7 October 1994 can still, even if they acceded to the majority, be adopted according to the provisions applicable to the adoptions of minors, provided that the application is filed within two years following the entry into force of the Federal Act and before their twentieth birthday.

Introduced by c. I 3 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).
S. 465 CC, in the content of 1 Jan. 1912: The adopted child and its descendants have toward the adoptive parents the same right of succession as legitimate descendants.  The adoption does not confer to the adoptive parent and his parents on the succession of the adoptee.
Introduced by c. I 1 of the Federal law of Oct. 7. 1994, in force since 1 Jan. 1996 (RO 1995 1126; FF 1993 I 1093).

S. 12bC. family law / III. Adoption / 2. Submission to the new law 2. Submission to the new law the adoption of a minor, under the old law, may be subject to the new provisions, if the adoptive parents and the child jointly request within five years from the entry into force of these provisions.
The fact that the adoptive child attained his majority is not an obstacle to this request.
The new provisions apply to the application procedure; the consent of the parents is not necessary.

Introduced by c. I 3 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 12cC. family law / III. Adoption / 3. Adoption of major or prohibited persons 3. Adoption of adults or prohibited a person major or prohibited may be adopted in accordance with the new provisions on the adoption of minors, when it was unable, according to the old law, adopted during his minority, but that the conditions laid down by the new law were then carried out.
However, the requirements of the old and the new law relating to the consent of the father and mother to the adoption of minors are not applicable.
The request must be made within five years from the entry into force of the new provisions.

Introduced by c. I 3 of the Federal law of June 30, 1972, in force since the 1 Apr. 1973 (1972 2873 RO; FF 1971 I 1222).

S. 12cC. family law / III. Adoption / 4. Activity of intermediary for adoption 4. Intermediary for adoption activity

The permissions given by the cantonal authority of monitoring activity of intermediary for adoption shall remain valid until their expiry.
The cantonal authority of monitoring activity of intermediary for adoption shall immediately transmit to the federal supervisory authority all folders on the supervision and authorisation procedures in the five years preceding the entry into force of the amendment of June 22, 2001.

Introduced by Chapter 2 of the annex to the Federal law of 22 June 2001 on the roast. Hague adoption and measures for the protection of the child in the case of international adoption, in force since 1 Jan. 2003 (RO 2002 3988; FF 1999 5129).

S. 12dC. family law / III. Challenge of legitimacy III. Challenge of legitimizing the provisions of this Act relating to the challenge of recognition after marriage of the father and mother shall apply by analogy to the challenge to legitimacy made according to the law previously in force.

Introduced by c. I 2 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 13. family law / IV. Paternity action / 1. Actions pending IV. Fatherhood 1 action. Actions pending a pending action at the entry into force of the new Act is judged according to it.
Effects occurring until the entry into force of the new Act are determined according to the old law.

New content according to chapter I 2 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 13aC. family law / IV. Paternity action / 2. New shares 2. New shares if the duty of the father to pay pecuniary benefits arose before the entry into force of the new Act in virtue. a judicial decision or a convention, the child who does not have 10 years of age upon entry into force of the new law may, within two years, open the action paternity according to the provisions of the new law.
If the defendant proves that his paternity is excluded or less likely than that of a third party, the future claims of the child to maintenance contributions are extinguished.

Introduced by c. I 2 of the Federal law of June 25, 1976, in force since 1 Jan. 1978 (RO 1977 237; FF 1974 II 1).

S. 13bC. family law / IV. Deadline for Act establishing or challenging filiation IV reports. In all cases, deadline for Act establishing or challenging filiation reports that accesses the majority of the entry into force of the Federal law of 7 October 1994 may sue for a year yet establishing or challenging filiation reports.

Introduced by c. I 1 of the Federal law of Oct. 7. 1994, in force since 1 Jan. 1996 (RO 1995 1126; FF 1993 I 1093).

S. 13cC. family law / IV. Food IV. Foods set prior to the entry into force of the Federal law of 7 October 1994 until the accession to the majority are due up to the age of 20.

Introduced by c. I 1 of the Federal law of Oct. 7. 1994, in force since 1 Jan. 1996 (RO 1995 1126; FF 1993 I 1093).

S. 13dC. family law / IV. IV child's name. Name of the child if, after the entry into force of the amendment of September 30, 2011, of the present code, parents are more common name following a statement pursuant to art. 8a of this title, they may request, within a period of one year from the entry into force of the new law, the child acquires the name of single parent who gave this statement.
When parental authority over a child whose mother is not married to the father was attributed jointly to both parents or the father alone before the entry into force of the amendment of the present code of September 30, 2011, the declaration under art. 270, para. 2 and 3, may be made in the year following the entry into force of the new law.
The agreement of the child according to the art. 270b is reserved.

Introduced by chapter I of the Federal law of 30 sept. 2011 (name and city), in force since 1 Jan. 2013 (2012 2569 RO; FF 2009 6843 6851).

S. 14 c. family law / V. Protection of the adult / 1. Existing measures V. Protection of 1 adult. Existing measures of the adult protection is governed by the new law on the entry into force of the revision of December 19, 2008.
Persons deprived of the exercise of civil rights by a measure ordered under the old law are deemed be under guardianship of general importance to the entry into force of the new law. The protection of the adult Authority conducts Office as soon as possible the necessary adjustments. Extended parental authority, parents are exempt from the obligation to surrender an inventory, reporting and periodic accounts and require consent to certain acts as long the authority for the protection of the adult is not decided otherwise.
Other measures ordered under the old law lapse no later than three years after the entry into force of the revision of December 19, 2008 if the protection of the adult authority has not transformed them into action under the new law.
When a doctor, on the basis of art. 397b, para. 2, in the version of January 1, 1981, submitted a person with a mental illness to a deprivation of liberty for the purpose of assistance for an unlimited period, this measure subsists. The institution indicates the protection of adult authority six months after the entry into force of the new law if it considers that the investment conditions are still met. Protection of adult authority carries out the necessary clarification according to the provisions on the periodic review and, where appropriate, confirms the decision of placement.

New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
RO 2011 725 1980 31 s. RO 14aC. family law / V. Protection of adults / 2. Proceedings 2. Cases pending cases pending the entry into force of the amendment of December 19, 2008 are the competent authorities under the new law.
They are subject to the new law of procedure.
The authority shall decide if the procedure must be completed.

Introduced by chapter II of the LF of oct 6. 1978 (1980 31 RO; FF 1977 III 1). New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
RO 2011 725 s. 15 D. Succession / I. heirs and D. Succession I. heirs devolution and devolution the estate of a deceased person before the entry into force of this code is even after, governed by the former Act; He is so other heritage-related effects, when under cantonal law they are legally inseparable from heredity and due to the death of the father, mother or spouse.
This rule applies to the heirs and the devolution of heredity.

S. 16 D. Succession / II. Provisions for cause of death II. Provisions for cause of death when provisions for cause of death have been made or revoked before the date of the entry into force of this code, neither the Act, nor the revocation from a person who can use the content of the legislation then in force cannot be attacked subsequent to this date on the basis that their author is dead since the implementation of the new law and was not able to use the content of this law.
A will is not voidable for want of form if it meets the rules applicable at the time when it was written either on the date of the death of its author.
Action to reduce or the inadmissibility of the mode of action is governed by this code on all provisions for cause of death whose author died after the entry into force of the new Act.

S. 17 E. real rights / I. In general e. rights real I. In general real rights existing at the entry into force of the civil code are maintained, subject to the rules on the land register.
If an exception is not made in this code, the extent of the property and other rights in rem is nevertheless governed by the new law upon its entry into force.
Real rights which the constitution is no longer possible content of the new law continue to be governed by the former Act.

S. 18 E. real rights / II. Right to registration in the land register II. Right to registration in the land register when a duty arises to the creation of a right in rem was born before the entry into force of the civil code, it is valid if it conforms to the shapes of the old Act or the new Act.
Ordinance on keeping the land register will be supporting documents to be produced for the inclusion of rights born under the old Act.
When the scope of a right in rem was determined by a legal act prior to the entry into force of this code, it undergoes no change because of the new law, unless it is inconsistent with it.

S. 19 E. real rights / III. Acquisitive prescription III. Acquisitive prescription acquisitive prescription is governed by the new law upon the entry into force thereof.
Time elapsed until this time is proportionately charged on deadline for the new law, when a prescription that she admits also began to run under the empire of the former Act.


S. 20. real rights / IV. Special property rights / 1. Trees planted in the funds of others IV. Special property rights 1. Trees planted in the funds of others property rights existing from trees planted in the funds of others are kept in terms of the cantonal legislation.
The cantons have the option to restrict these rights or delete.

New content according to chapter IV of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 20. real rights / IV. Special property rights / 2. Property by floors / a. born 2. Property by storey a. originally governed by the former cantonal law storey property is subject to the new provisions, even if the floors or parts of floors are not apartments or business premises forming a whole.

Introduced by chapter IV of the LF of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 20. real rights / IV. Special property rights / 2. Property by floors / b. transformed b. transformed the cantons may also submit to the new provisions by storey property registered in the land register in the manner prescribed by the Act entered into force on January 1, 1912.
This measure will take effect as soon as entries in the land register will be amended accordingly.

Introduced by chapter IV of the LF of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 20. real rights / IV. Special property rights / 2. Property by floors / c. treatment of land registers c. treatment of land records to submit to the new law transformed storey properties and register properties by originating floors, the cantons may prescribe the purification of land registers and enact special rules of procedure therefor.

Introduced by chapter IV of the LF of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 21 E. real rights / V. land easements V. land easements land easements established before the entry into force of the civil code remain without registration after the introduction of the land register, but cannot be opposed to third parties in good faith unless they were recorded.
Incidentally requirements for easements that were created before the entry into force of the amendment of December 11, 2009 and which appear only in the supporting documents in the land register remain against third parties in good faith.

RO 2011 4637 introduced by c. I 2 of the Federal law of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 22 E. real rights / VI. Real estate pledge / 1. Recognition of existing mortgage-backed securities VI. Real estate pledge 1. Recognition of existing mortgage-backed securities mortgage securities existing before the entry into force of this code are recognized, without any need to change in the direction of the new law.
The cantons nevertheless have the right to specify that the current mortgage-backed securities will be prepared again, within a specified period, in accordance with the provisions of the present code.

S. 23 E. real rights / VI. Real estate pledge / 2. Constitution of rights of pledge 2. Constitution of rights of pledge real estate pledges made after the entry into force of the civil code cannot be that following the forms permitted by the new law.
The forms provided by the old cantonal laws shall remain applicable until the introduction of the land register.

S. 24 E. real rights / VI. Real estate pledge / 3. Paid titles 3. Paid titles the acquittal or modification of a title, the adjustment and other similar operations are governed by the new law upon its entry into force.
To observe forms remain subject to cantonal law until the introduction of the land register.

S. 25 E. real rights / VI. Real estate pledge / 4. Extent of gage 4. Scope of the gage the extent of the mortgage burden is determined, for all real wages, in accordance with the new law.
However, when certain objects were by special agreement validly affected pledge with the encumbered immovable, this assignment is unaffected by the new law, even if such objects could not be committed under these conditions to content of the civil code.

S. 26 E. real rights / VI. Real estate pledge / 5. Rights and obligations deriving from the real estate pledge / has. In general 5. Rights and obligations deriving from the real estate pledge has. In general as long as they are of a contractual nature, rights and obligations of the creditor and the debtor are settled in accordance with the former Act for real wages existing at the entry into force of the present code.
The new law is applicable to the legal effects which arise ipso jure and which cannot be altered by agreement instead.
If the pledge is about several buildings, these remain encumbered pursuant to the former Act.

S. 27 E. real rights / VI. Real estate pledge / 5. Rights and obligations deriving from the real estate pledge / b. interim measures b. interim measures of protection the rights of the creditor for the duration of the pledge, specially the faculty to take interim measures, are governed by the new law, for all wages real estate, from the entry into force of the civil code; It is true of the rights of the debtor.

S. 28 E. real rights / VI. Real estate pledge / 5. Rights and obligations deriving from the real estate pledge / c. denunciation, transfer v. denunciation, transfer the denunciation of receivables secured by real estate pledges and transfer of securities are governed by the former Act for all gage rights acquired before the entry into force of this code; remain reserved mandatory rules of the new law.

S. 29 E. real rights / VI. Real estate pledge / 6. Rank 6. Row until the registration of immovables in the land register, the level of real wages is adjusted according to the old law.
After the introduction of the land register, the rank will be determined in accordance with this code.

S. 30 E. real rights / VI. Real estate pledge / 7. Mortgage box 7. Mortgage case rules of the civil code on the fixed box and on the law of the creditor later to take advantage of the free boxes are applicable as soon as the land registry and, in any case, five years after the entry into force of the code; particular creditor rights remain reserved.
The cantons may establish additional transitional provisions.

New content according to ch. II LF of 15 Dec 21. 1989 on the approval of legislative acts of the cantons by the Confederation, in force since Feb 1. 1991 (1991 362 RO; FF 1988 II 1293).

S. 31 and 32nd. Rights in rem / VI. Real estate pledge / 8. …

8....

Repealed by c. I 2 of the Federal law of Dec. 11. 2009 (schedule mortgage registry and rights in rem), with effect from 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 33 E. real rights / VI. Real estate pledge / 9. Assimilation between rights of pledge of the former and the new law 9. Assimilation between rights of pledge of the old and the new Act introductory law to the civil code in the cantons may prescribe, in general or in some respects, that such form of pledge of the former Act is deemed to be one of the forms of the new law.
This code applies upon its entry into force to real wages for which the assimilation has been provided.


Repealed by ch. II 21 of the LF of Dec. 15. 1989 on the approval of legislative acts of the cantons by the Confederation, with effect from Feb 1. 1991 (1991 362 RO; FF 1988 II 1293).

S. 33aE. real rights / VI. Real estate pledge / 10. Persistence of the former Act for older types of rights of pledge 10. Persistence of the former Act for older types of rights of pledge mortgage schedules issued in series and annuity letters remain registered in the land registry.
They continue to be governed by the old law.
Cantonal law can provide for the conversion of the annuity letters created under the empire of federal law or of the earlier right in types of pledge known to the law in force. This transformation may justify the establishment, for amounts of little importance, a personal debt of the owner of the property involved.

Introduced by c. I 2 of the Federal law of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 33bE. real rights / VI. Real estate pledge / 11. Transformation of the type of mortgage Schedule 11. Transformation of the type of mortgage schedule landowner and assigns to a mortgage schedule may apply in common in writing that a mortgage schedule on paper issued before the entry into force of the amendment of December 11, 2009 should be converted into a mortgage schedule of registry.

Introduced by c. I 2 of the Federal law of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
2011 4637 s. RO 34 E. real rights / VII. Furniture Gage / 1. Form VII. Gage furniture 1. Form the validity of movable pledges made after the entry into force of this code is subject to the formalities prescribed by the new law.
Constituted wages previously and according to other forms will turn off after the expiry of a period of six months; This period starts to run, for debts owing, from the entry into force of the new Act, and for others, they become due or when the date for which reimbursement may be terminated.

S. 35 E. real rights / VII. Furniture Gage / 2. Effects


2 effects effects of furniture gage, the rights and obligations of the secured creditor, the grantor and debtor are determined, from the entry into force of the civil code, by the provisions of the new law, even if the pledge arose previously.
All have Pact previously has no effect upon the entry into force of this code.

S. 36 E. real rights / VIII. Rights of retention VIII. Rights of retention retention rights recognized by the new law extend also to objects which, prior to its entry into force, were available to the creditor.
They guarantee even claims arising prior to application of the new law.
The effects of retention rights which arose under the old Act are governed by the civil code.

S. 37 E. real rights / IX. Possession IX. Possession possession is governed by this code on the entry into force thereof.

S. 38 E. real rights / X. land registry / 1. Establishment X. land register 1. Federal Council institution establishes the schedule for the introduction of the land register after consultation with the cantons. He may delegate this authority to the Department or to the competent office.


New content according to chapter II of the annex to the LF of 5 oct. 2007 on geoinformation, in force since 1 Jul. 2008 (2008 2793 RO; FF 2006 7407).
Repealed by chapter II of the annex to the Federal law of 5 oct. 2007 on geoinformation, with effect from 1 July. 2008 (2008 2793 RO; FF 2006 7407).

S. 39. real rights / X. land register / 2. Official cadastral survey / has....

2 cadastral has....

Repealed by chapter II of the annex to the Federal law of 5 oct. 2007 on geoinformation, with effect from 1 July. 2008 (2008 2793 RO; FF 2006 7407).

S. 40 E. real rights / X. land register / 2. Official cadastral survey / b. Introduction of the land register before surveying b. Introduction of the land register before surveying the surveying of the ground will precede, in the rule, the introduction of the land register.
However, and with the consent of the Confederation, the land register may be introduced earlier, if there is a sufficiently exact state of buildings.

S. 41 E. real rights / X. land register / 2. Official cadastral survey / v. time limits for cadastral surveying and the introduction of the land register c. time limits for cadastral surveying and the introduction of the land register...
The measurement of the soil and the introduction of the land register will be able to take place successively in the different parts of the Township.

Repealed by chapter II of the annex to the Federal law of 5 oct. 2007 on geoinformation, with effect from 1 July. 2008 (2008 2793 RO; FF 2006 7407).

S. 42 repealed by chapter II of the annex to the Federal law of 5 oct. 2007 on geoinformation, with effect from 1 July. 2008 (2008 2793 RO; FF 2006 7407).

S. 43 E. real rights / X. Land Registry / 3. Registration of real rights / a. Mode of registration 3. Registration of rights real a. registration during the introduction of the land register, previously constituted real rights must be registered.
A public summons will invite all stakeholders to know and sign up.
Real rights registered in the public registers in accordance with the old Act will be office doors in the land register, unless they are incompatible with the new law.

S. 44 E. real rights / X. Land Registry / 3. Registration of real rights / b. Consequences of the non-recordal b. Consequences of the non-recordal real rights that have not been registered are not less valuable, but can be opposed to third parties who relied in good faith to the particulars contained in the land register.
Federal or cantonal legislation may provide for the complete abolition, after public summons and from a date specified, from all real rights not registered in the land registry.
Land charges under public law and legal hypothecs cantonal law non-status which existed prior to the entry into force of the amendment of December 11, 2009 are still enforceable against third parties who have relied in good faith on the land register for the ten years following the entry into force of this amendment.

RO 2011 4637 introduced by c. I 2 of the Federal law of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 45. real rights / X. land registry / 4. Real rights abolished 4. Abolished rights in rem rights in rem which can no longer be established at content of the provisions relating to the land register (property of trees planted in the funds of others, antichresis, etc.) are not registered, but simply mentioned in a sufficient manner.
When these rights shall be extinguished for a cause, they cannot be restored.

New content according to chapter IV of the Federal law of 19 Dec. 1963, in force since 1 Jan. 1965 (1964 989 RO; FF II 1962 1445).

S. 46 E. real rights / X. land registry / 5. Deferment of the introduction of the land register 5. Deferment of the introduction of the land register the introduction of the land register provided for in this code may be postponed by the cantons, with the consent of the federal Council; provided, however, that the forms of advertising of cantonal legislation, completed or not, are sufficient to devote the effects as the new law attaches to the registry.
The cantonal law forms that need to deploy these effects will be exactly designated.

S. 47 E. real rights / X. land registry / 6. Entry into force of the system of rights in rem before the establishment of the land register 6. Entry into force of the system of rights in rem before the establishment of the land register the rules of this code concerning rights in rem shall apply, generally, even before the establishment of the land register.

S. 48 E. real rights / X. land registry / 7. Forms of law cantonal 7. Forms of cantonal law as soon as the provisions concerning rights in rem are in force and prior to the introduction of the land register, the cantons may appoint the formalities capable of immediately producing the effects attached to the register (registration, registration in a land register or a register of mortgages and easements).
The cantons may prescribe that these formalities occur even before the introduction of the land register the effects attached to the register in relation to the constitution, transfer, modification and extinction of actual rights.
On the other hand, the effects of the registry in the favour of third parties of good faith are not recognized as long that the land register is not introduced in a canton or that it is there is not relieved by any other institution in lieu.

S. 49 F. requirement F. Prescription when the civil code introduces a limitation period of five years or more, it is necessary to hold account of elapsed time for the requirements initiated before the date of the entry into force of the new Act; These requirements will be however considered as completed at least two years from that date.
The shorter deadlines set by this code limitation or revocation begin to run as from the entry into force of the new law.
Moreover, the prescription is governed at that time by this code.

S. 50 G. form contracts G. form of contracts concluded before the entry into force of the civil code remain valid, even if the observed forms did not meet those of the new law.

Chapter II: Measures of performance art. 51 a. Abrogation of civil cantonal A. repeal of civil law cantonal law except as otherwise provided by federal law, all the civil laws of the cantons are be repealed as from the entry into force of this code.

S. B 52 the cantons additional rules / I. rights and duties of the cantons b. additional rules of the cantons i. rights and duties of the cantons cantons establish planned additional rules for the application of the civil code, particularly with regard to the competences of the authorities and the Organization of civil status offices, of guardianship and the land registry.
They are required to build them, and they can do it, provisionally, in enforcement orders whenever additional rules on cantonal law are necessary for the application of the civil code.
The cantonal rules on the right of the registers are subject to the approval of the Confederation.
Other cantonal rules must be brought to the attention of the federal Office of justice.

Currently "the authorities for the protection of the adult" (see art. 440).
New content according to ch. II LF of 15 Dec 21. 1989 on the approval of legislative acts of the cantons by the Confederation, in force since Feb 1. 1991 (1991 362 RO; FF 1988 II 1293).
New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).
Introduced by c. II 21 of the LF of Dec. 15. 1989 relating to the approval of legislative acts of the cantons by the Confederation (RO 1991 362; FF 1988 II 1293). New content according to chapter I 2 of the Federal law of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since 1 Jan. 2013 (2011 725 RO; FF 2006 6635).

S. 53 B additional rules of the cantons / II. Rules established by the federal power absence townships II. Rules established by the federal power or the cantons

If a canton does not timely the necessary additional provisions, the federal Council makes on an interim basis, in its place, the necessary orders and bears the fact to the attention of the Federal Assembly.
The civil code makes law, if a district does not exercise its right to establish additional rules which are not essential.

S. 54 C designation of competent authorities C. Designation of the competent authorities when the civil code refers to the competent authority, the cantons the designate among the existing authorities or those they deem about instituting.
If the Act makes no express reference either justice or of an administrative authority, the cantons have the right to designate as competent, at their choice, order administrative or judicial authority.
The cantons regulate the procedure, unless the code of civil procedure of 19 December 2008 is applicable.

RS 272 new content according to ch. II 3 of Schedule 1 to the CPC from 19 Dec. 2008, in force since 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 55 D. form authentic / I. General d. shaped authentic I. In general the cantons determine their territory the terms of the authentic form.
They also establish the rules for the preparation of authentic acts in a foreign language.

New content according to chapter I 2 of the Federal law of 11 Dec. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).

S. 55aD. genuine form / II. Electronic media II. Electronic media the cantons may authorize public officers to establish electronic shipments of the acts that they build.
They may also authorize public officers to certify that the records they set in electronic form comply with originals on paper and to certify the authenticity of signatures electronically.
The public officer must use a qualified electronic signature based on a certificate of a recognized certification services provider within the meaning of the law of 19 December 2003 on the electronic signature.
The federal Council lays down implementing rules to ensure the interoperability of computer systems and the integrity, authenticity and security of the data.

Introduced by c. I 2 of the Federal law of Dec. 11. 2009 (schedule mortgage registry and rights in rem), in force since 1 Jan. 2012 (2011 4637 RO; FF 2007 5015).
RS 943.03 s. 56E. hydraulic Concessions E. hydraulic Concessions the following rules are applicable hydraulic, until the Confederation has legislated in this area concessions: concessions granted on any public waters for thirty years at least or for an indefinite period, without be incorporated easements in favour of a Fund, may be registered in the land as distinct and permanent rights register.

Currently see art. 59 of the Federal law of 22 Dec. the use of hydraulic power (RS 721.80) 1916.

S. 57e. H....

F. H....

Repealed by art. 53 al. let 1. (b) the LF from nov 8. 1934 on banks and savings banks, with effect from March 1, 1935 (RO 51 121 and RS 10 325; FF 1934 I 172).

S. 58(j). prosecution for debts and bankruptcy J. prosecution for debts and bankruptcy the Federal law of April 11, 1889, on the prosecution for debts and bankruptcy is amended as follows from the entry into force of this code:...

New numbering of the last four items, as a result of the repeal of the art. 58 and 59 of the original text, according to chapter I of the disp. Trans. CO, in force since 1 Jan. 1912 (RO 27 321; RS 2 189; FF 1905 II 1, 1909 III 747, 1911 I 695).
RS 281.1 models can be found at the RO 24 245. For the content of the art. 132, 141 al. 3 and 258 al. 4, see RO 24 245 tit. end art. 60 s. 59 k. Application of Swiss law and foreign law K. Application of Swiss law and foreign law the Federal law of June 25, 1891, on the reports of civil right of citizens established or resident continues to govern the Swiss abroad and foreigners in Switzerland, as well as conflicts of cantonal laws.

The Federal law of June 25, 1891 is supplemented as follows:...

New numbering of the last four items, as a result of the repeal of the art. 58 and 59 of the original text, according to chapter I of the disp. Trans. CO, in force since 1 Jan. 1912 (RO 27 321; FF 1905 II 1, 1909 III 747, 1911 I 695).
[RS 2 727; RO 1972 2873 c. II 1, 1977 237 c. II 1, 1986 122 c. II 1. RO 1988 1776 annex c. I let. a]. see currently LF of 18 Dec. 1987 on private international law (RS 291).
Repealed by c. I 2 of the Federal law of oct 5. 1984, with effect from 1 Jan. 1988 (1986 122 RO; FF 1979 II 1179).
[RS 2 727; RO 1972 2873 c. II 1, 1977 237 c. II 1, 1986 122 c. II 1. RO 1988 1776 annex c. I let. a]. see currently LF of 18 Dec. 1987 on private international law (RS 291).
Models can be found at RO 24 245.

S. 60 l. federal civil law repealed L. repealed federal civil law are repealed, from the entry into force of this code, all the contrary provisions of federal civil laws.
Are notably repealed: the Federal law of December 24, 1874, concerning civil status, the maintenance of records relating thereto and marriage;
The Federal law of June 22, 1881, on civil capacity;
The federal code of obligations of June 14, 1881.
Remain in effect special laws concerning the railways, post, Telegraph and telephone, the mortgage and the liquidation forced railways, work in factories, the liability of manufacturers and other industry leaders, as well as all applicable laws relating to the law of obligations and securities transactions and promulgated in addition to the federal code of June 14, 1881.

New numbering of the last four items, as a result of the repeal of the art. 58 and 59 of the original text, according to chapter I of the disp. Trans. CO, in force since 1 Jan. 1912 (RO 27 321; FF 1905 II 1, 1909 III 747, 1911 I 695).
New content according to chapter I of the disp. Trans. CO, in force since 1 Jan. 1912 (RO 27 321; RS 2 189; FF 1905 II 1, 1909 III 747, 1911 I 695).
[RO 1 471]
[RO 5 504]
[RO 5 577, 11 449; RS 2 776 art. 103 al. 1] [RO 5 577, 11 449; RS 2 776 art. 103 al. 1] art. Final 61 m provisions Mr. final provisions Mr. final provisions the civil code will enter into force on January 1, 1912.
With the permission of the Federal Assembly, the federal Council may bring into force before that date either of the provisions of this code.

New numbering of the last four items, as a result of the repeal of the art. 58 and 59 of the original text, according to chapter I of the disp. Trans. CO, in force since 1 Jan. 1912 (RO 27 321; FF 1905 II 1, 1909 III 747, 1911 I 695).

Content of the former provisions of the sixth title sixth title: the matrimonial property regime chapter I: provisions general article 178. ordinary legal Régime A. ordinary legal Regime the spouses are placed under the regime of union of assets, unless they have adopted another plan by marriage contract or they are submitted to the extraordinary matrimonial regime.

S. 179 B contractual regime / I. choice of plan B. plan I. choice of the marriage contract regime can be passed before or after the celebration of marriage.
Parties are required to adopt in their contract one of the arrangements provided for by this Act.
The contract concluded during the marriage can affect the rights that third parties had on the property of the spouses.

S. 180 B contractual regime / II. Capacity of parts II. Capabilities of the parties the persons capable of discernment can only conclude, amend or revoke a marriage contract.
The minor and the ban should be allowed by their representative legal.

S. 181 B contractual regime / III. Form of the contract of marriage III. Form of the contract of marriage the marriage contract will be received in the authentic form and signed both of the parties as their representative legal; These rules apply to changes and revocation of the contract.
Matrimonial agreements during the marriage are subject in addition to the approval of the guardianship authority.
They become binding on the parties in accordance with the provisions relating to the register of matrimonial property regimes.

Currently "protection of adult authority".

S. 182 C special diet / I. Separation of property legal v. plan extraordinary I. Separation of property legal spouses are right under the regime of separation as to property once the creditors of one of them suffer a loss in its bankruptcy.
When a person whose creditors are holders of defect of goods acts marries, the regime of the spouses is that of separation of property, on the condition that one of them do it before marriage, enter the register of matrimonial property regimes.

S. 183 C special diet / II. Judicial separation of property / 1. At the request of the woman II. Separation of judicial property 1. At the request of the woman the separation of property is imposed by the judge, at the request of the woman: 1. where the husband fails to provide for the maintenance of his wife and his children; 2. When it does not provide the security required for the contributions of women; 3. in the event of insolvency of the husband or the community.

S. 184 C special diet / II. Judicial separation of property / 2. At the request of the husband 2. At the request of the husband the separation of property is imposed by the judge at the request of the husband:

1. in the event of insolvency of women; 2. When women unduly refuses to give her husband the authority he needs, under the law or the contract to dispose of matrimonial; 3. When the woman asked securities for his contributions.

S. 185 C special diet / II. Judicial separation of property / 3. At the request of creditors 3. At the request of the creditors the separation of property is imposed by the judge, if it is requested by a creditor who has suffered a loss in the seizure made against one of the spouses.

S. 186 C special diet / III. Date of separation as to property III. Date of separation as to property the separation of assets due to bankruptcy date of issuance of the defect of goods acts and is retroactive to the day of acquisition for everything that goes to the husband as a succession or otherwise after the declaration of bankruptcy.
The judgment which pronounces the separation of property is retroactive to the date of the application.
The separation of property as a result of bankruptcy or judgment is communicated ex officio, for its inclusion in the official to the keeping of the register of matrimonial property regimes.

S. 187 C special diet / IV. Revocation of separation as to property IV. Revocation of the separation of property the separation of assets due to bankruptcy or loss in the event of seizure will not be revoked by the mere fact that the payor spouse has selfless creditors.
However, the judge may, at the request of one of the spouses, prescribe the restoration of the previous marital regime.
This decision is communicated ex officio, for its inclusion in the official to the keeping of the register of matrimonial property regimes.

S. 188 D. Modification of the scheme / I. guarantee of the rights of creditors. D Modification of the scheme I. guarantee of the rights of creditors liquidated between spouses and matrimonial regime changes cannot evade the action of creditors of a spouse or the community property on which they could exercise their rights.
The husband that these goods have passed is personally liable to pay creditors said; However, it can free itself from its responsibility insofar as it establishes that the goods received are not sufficient.
What women removed by its intervention in the bankruptcy of the husband or his participation in the seizure remains, subtracts action by creditors of the husband unless they are also creditors of the wife.

S. 189 D. Modification of the scheme / II. Liquidation in the event of separation of property II. Liquidation in the event of separation of property when the separation of goods takes place during the marriage, matrimonial property return, subject to the rights of creditors, in the personal wealth of the husband and the wife.
The benefit is divided between the spouses according to the rules of the previous marital regime; the deficit is the responsibility of the husband, unless it establishes that it was caused by the woman.
The woman may require security for its assets remained at the disposal of the husband during the liquidation.

S. 190 E. goods reserved / I. Constitution / 1. In general E. goods reserved I. Constitution 1. In general reserved goods are made by contract of marriage, by donations from third parties or by operation of law.
They may not include the reserved portion of one of the spouses.

S. 191 E. goods reserved / I. Constitution / 2. Goods reserved by the effect of the Act 2. Goods reserved by the effect of the Act are goods reserved by law: 1. the effects exclusively intended for the personal use of one of the spouses; 2. property of the wife who are used to the exercise of his profession or his industry; 3. product of the work of the woman outside his home.

S. 192 E. goods reserved / II. Effects II. Effects the reserved goods are subject to the rules of separation of property, including the contribution of women to the expenses of the marriage.
Women must, as necessary, assign the proceeds of his work to the payment of the expenses of the household.

S. 193 E. goods reserved / III. Evidence III. Proof the quality of well booked shall be established by the spouse who alleges.

Chapter II: Union of goods art. 194. Propriété / I. matrimonial property A. property I. matrimonial property the spouses property possessed at the time of the solemnization of the marriage and those they acquire later are matrimonial property.
In are excepted property reserved for women.

S. 195. A property / II. Own husband II. Spouse's own matrimonial property that belonged to the woman at the conclusion of the marriage or that accrues it during the marriage by succession or for some other free, are his contributions and remain its property.
The husband owns his contributions and all other matrimonial property that are not the contributions of women.
Income of women, from their liability, and the natural fruit of his contributions, after their separation, become property of the husband, unless reserved property rules.

S. 196. A property / III. Evidence III. Proof the spouse who uses that property is a contribution of women, must establish it.
Acquisitions made during marriage in reuse of the property of the wife are deemed contributions thereof.

S. 197. property / IV. Inventory / 1. Form and force probative IV. Inventory 1. Form and force probative the husband and the wife may request at any time the making of an authentic inventory of their contributions.
The accuracy of the inventory is presumed, when drew within six months from the day where the goods have been made.

S. 198. A property / IV. Inventory / 2. Effect of estimation 2. Effect of estimation when the spouses have developed an estimated inventory estimate recorded by deed made between rule them for value unrepresented property.
The selling price is rule when, during the marriage, contributions have alienated in good faith under the estimate.

S. 199. Propriété / V. contributions of women passing in property the husband V. contributions of women passing property to the husband in the six months of the day where the property of the wife were made, the spouses have the faculty to agree, observing the forms of the marriage contract, that the property of these inputs will pass to the husband for the price of estimate and that the debt acquired from this masterpiece to the woman will remain invariable.

S. 200 B administration, enjoyment, right of disposition / I. Administration B. Administration, enjoyment, right of disposition I. Administration husband administers matrimonial property.
Management fees are dependant.
The woman has the power to administer only insofar as she has standing to represent the conjugal union.

S. 201B administration, enjoyment, right of disposition / II. Enjoyment II. Enjoyment the husband has the enjoyment of the contributions of women and he is liable therefor the same responsibility as the beneficiary.
Inventory estimate would not aggravate this responsibility.
Women, his other expendable money and its not individualized bearer securities belong to the husband, who becomes debtor to their value.

S. 202 B administration, enjoyment, right of disposition / III. Right of disposal / 1. Husband III. Right of disposal 1. The husband the husband cannot, outside acts of simple administration, without the consent of the woman of the contributions which point spent in its property.
This consent is however assumed for the benefit of third parties, unless the latter know or should know that he has not been given, or unless it is property that everyone can recognize as belonging to women.

S. 203b administration, enjoyment, right of disposition / III. Right of disposal / 2. Women's / has. In general 2. The woman has. In general the woman can dispose of matrimonial property where she has standing to represent the conjugal union.

S. 204B administration, enjoyment, right of disposition / III. Right of disposal / 2. Women's / b. Repudiation of successions b. Repudiation of successions women cannot repudiate an inheritance without the consent of the husband.
If this consent is denied, it may resort to the tutelary authority.

Currently "protection of adult authority".

S. 205 C warranty of the contributions of women v. warranty of the contributions of the wife the husband shall, at the request of the woman, provide information at any time on the status of the goods it brought.
The woman may at any time require security of the husband.
The recall action of the Federal law of April 11, 1889, on the prosecution for debts and bankruptcy remains reserved.

RS 281.1 s. 206 D. debts / I. D. debts I. liability of husband husband husband is required: 1. of its debts prior to marriage; 2. its debts arising during marriage; 3. debts by the woman representing the conjugal union.

S. 207 d. debts / II. Responsibility of the woman / 1. On all its assets II. Responsibility of women 1. Over all his possessions the woman is held on all its property, without regard to the rights conferred by the matrimonial property regime to the husband: 1. of its debts prior to marriage; 2. debts that she made with the consent of the husband, or in favour with the approval of the authority tutelary; 3. debts that it contracts in the exercise scheduled a profession or industry; 4. debts charged on estates it matured; 5. debts resulting from its illegal acts.

The woman is held debts incurred by the husband or by it for the maintenance of the common household, in the event of insolvency of the husband.

Currently "protection of adult authority".


S. 208 d. debts / II. Responsibility of the woman / 2. On its property reserved 2. On its reserved property the woman is required during and after the marriage only up to the value of his reserved goods: 1. debts by restricting liability to this extent; 2. those she made without the consent of the husband; 3. those she made bypassing its right to represent the conjugal union.

Action based on unjust enrichment remains reserved.

S. 209 E. Awards / I. due E. Awards I. due there are place to reward, by each of the spouses, because of debts on inputs one and paid money from the contributions of the other; except the exceptions provided by law, the reward is due until the dissolution of the union of the goods.
The rewards are due during the marriage, when debts incurred property reserved wife have paid money from matrimonial property and when debts incurred in matrimonial property have been misappropriated funds from the reserved property.

S. 210 E. Awards / II. Bankruptcy of the husband and seizure / 1. II women's rights. Bankruptcy of the husband and seizure 1. Women's rights women can claim in the bankruptcy of her husband, the rewards due by reason of its non-represented contributions and participate of this masterpiece in seizures made against him.
The claims of the husband are compensated.
The woman takes over as owner, those of his contributions that exist in nature.

S. 211 E. Awards / II. Bankruptcy of the husband and seizure / 2. Privilege 2. Privilege the woman who has not unselfish to a maximum of half of its contributions by the resumption thereof or guarantee to the same extent by security, gets a privilege in accordance with the Federal law of April 11, 1889, on the prosecution for debts and bankruptcy for the rest of the half.
Are zero assignment of this privilege and the waiver that could be be made for the benefit of some creditors.

RS 281.1 s. 212 f. Dissolution of the union of goods / I. death of wife F. Dissolution of the union of assets I. death of the wife on the death of the woman, his contributions shall vest in heirs, subject to the inheritance rights of the husband.
The husband must such heirs unrepresented contributions, to the extent where he is responsible for and value except attribution of its claims against women.

S. 213 f. Dissolution of the union of goods / II. Death of husband II. Death of the husband to the death of the husband, the wife resumed his contributions and can be compensated by the heirs due to property not represented.

S. 214 f. Dissolution of the union of goods / III. Profit and deficit III. Profit and deficit the profit remaining after the removal of the intake belongs to one third to the woman to his descendants and, for the rest, husband or his heirs.
The deficit is the responsibility of the husband or his heirs, as is not evidence that it was caused by the woman.
The marriage contract may provide another distribution of the benefit and the deficit.

Chapter III: Community of property art. 215 A universal community / I. property matrimonial A. Community universal I. matrimonial universal community consists of all property and income from the husband of the woman; It belongs jointly to both spouses.
Neither the husband nor the woman may have their share.
The spouse who claims that a good does not fit into the community must prove.

S. 216 A universal community / II. Administration / 1. In general II. Administration 1. Generally the husband administers the community.
Management fees are borne by the community.
The woman has the power to administer only insofar as she has standing to represent the conjugal union.

S. 217 A universal community / II. Administration / 2. Dispositions / has. In general 2. Acts of provision a. Generally the husband and wife cannot, apart from acts of simple administration, dispose of the assets of the community, or in conjunction with the consent of the other.
This consent is presumed for the benefit of third parties, unless they know or should know that he has not been given, or unless it is property that everyone can recognize as belonging to the community.

S. 218 A universal community / II. Administration / 2. Dispositions / b. Repudiation of successions b. Repudiation of successions a spouse may during the marriage repudiate an inheritance without the consent of the other.
If this consent is denied, it may resort to the tutelary authority.

Currently "protection of adult authority".

S. 219 A universal community / III. Debts / 1. Responsibility of the husband III. Liabilities 1. Responsibility of the husband the husband is required to personally and on the Commons: 1 liabilities of the spouses prior to the marriage; 2. debts contracted by the firm representing the union conjugale; 3. all other debts during the marriage, either by the husband, or by the woman to the burden of the community.

S. 220 A universal community / III. Debts / 2. Responsibility of the woman / has. On his property and common goods 2. Responsibility of the woman has. On his property and the Commons women and the community are required: 1. the debts of women prior to marriage; 2. debts that she made with the consent of the husband, or in favour with the approval of the authority tutelary; 3. debts that it contracts in the exercise scheduled a profession or industry; 4. debts charged on estates it matured; 5. debts resulting from its illegal acts.

The woman is held debts incurred by the husband or by it for the maintenance of the household, if the property of the community are not sufficient to pay.
Not liable personally the other debts of the community.

Currently "protection of adult authority".

S. 221 A universal community / III. Debts / 2. Responsibility of the woman / b. On the value of its assets reserved b. On the value of his reserved goods the woman is required during and after the marriage only up to the value of his reserved goods: 1. debts by restricting liability to this extent; 2. those she made without the consent of the husband, 3. those she made bypassing its right to represent the conjugal union.

Action based on unjust enrichment remains reserved.

S. 222 A universal community / III. Debts / 3. Enforcement 3. Enforcement throughout the community, any prosecution based on common debts are directed against the husband.

S. 223 A universal community / IV. Rewards / 1. General IV. Rewards 1. In general there not place in reward between spouses, when the community debts have been paid of common funds.
The rewards because common debts paid by funds from the reserved goods, or debts on the property and paid by mutual funds, are payable already during the marriage.

S. 224 A universal community / IV. Awards / 2. Debt of women 2. In the bankruptcy of the husband or the entry made on the property of the community, credentials of the woman the woman may claim the amount of its contributions; It has, for half of this debt, a lien in accordance with the Federal law of April 11, 1889, on the prosecution for debts and bankruptcy.
Are zero assignment of this privilege and the waiver that could be be made for the benefit of some creditors.

RS 281.1 s. 225 A universal community / V. Dissolution of the community / 1. Sharing / a. Legal V. Dissolution of the community 1. A. Legal on the death of one of the spouses, which half of the community is vested in the surviving spouse.
The other half goes to the heirs of the deceased, subject to the inheritance rights of the other spouse.
The unworthy of inheriting surviving spouse cannot claim in the community more rights than those who would belong it in the event of divorce.

S. 226 A universal community / V. Dissolution of the community / 1. Sharing / b. conventional b. conventional marriage contract may provide a way of sharing other than the sharing by half.
The descendants of the predeceased spouse are entitled, in all cases, one quarter of common property existing on the death.

S. 227 A universal community / V. Dissolution of the community / 2. Responsibility of the 2 surviving. Responsibility of the surviving the surviving husband remains personally liable for all debts of the community.
The surviving woman frees itself, by repudiating the community, common debts which she is not personally liable.
In case of acceptance, the woman remains obliged, but it can free itself from its responsibility insofar as it establishes that the goods received are not sufficient to pay off creditors.

S. 228 A universal community / V. Dissolution of the community / 3. Allocation of the 3 inputs. Allocation of contributions the surviving spouse may request that the goods entered the community of its leader are attributed to him in charge on its part.

S. 229 B extended community / I. case B. extended community I. case the surviving spouse may extend the community with the children of the marriage.
If the children are minors, the extension must be approved by the tutorship authority.
In the case of extension, the exercise of the rights of inheritance is suspended until the dissolution of the community.

Currently 'child protection authority '.

S. 230 B extended community / II. II community property. Community property

The community includes, in addition to common property, revenues and earnings of the parties; reserved goods are excepted.
Are reserved, unless provided otherwise, property acquired during the extended community, by the surviving spouse or children, as succession or any other gratuitous.
Enforcement is excluded between the members of the community, in the same manner as between spouses.

S. 231 B extended community / III. Administration and representation III. Administration and representation the extended community is managed and represented by the surviving spouse, if the children are minors.
If they are major, other rules may be established by convention.

S. 232 B extended community / IV. Dissolution / 1. By stakeholders IV. Dissolution 1. By concerned the surviving spouse may at any time dissolve the extended community.
At any time also, adult children can out individually or collectively.
The same Faculty is granted to the tutorship authority acting on behalf of minor children.

S. 233 B extended community / IV. Dissolution / 2. By law 2. By law the extended community is dissolved of right: 1. by the death or the marriage of the spouse surviving; 2. by bankruptcy or children.

In the event of bankruptcy of one of the children, other traders may apply for its exclusion.
In bankruptcy the father or seizure made on common property, children can exercise the rights of their deceased mother.

S. 234 B extended community / IV. Dissolution / 3. By judgment 3. By judgment creditor who has suffered a loss in the seizure made against the spouse or a child, may request the dissolution of the Community judge.
If the query is formed by the creditor of a child, other interested parties can request the exclusion of their coindivis.

S. 235 B extended community / IV. Dissolution / 4. As a result of marriage or death of a child 4. As a result of marriage or death of a child when a child marries, other traders may apply for its exclusion.
When a child dies, they can request the exclusion of his descendants.
The part of the child deceased without posterity common good rest, except the rights of heirs who point part of the community.

S. 236 B extended community / IV. Dissolution / 5. Sharing or winding-up 5. Sharing or liquidation in the event of dissolution of the extended community or exclusion of one of the children, sharing or the liquidation of the rights of the excluded child focus on assets existing at the time where one of these events occurred.
The surviving spouse retains his rights of succession on the shares of the children.
Liquidation and sharing must not take place at the wrong time.

S. 237 C reduced community / I. With stipulation of separation of property v. Community reduced I. With stipulation of separation of property the spouses may change the community stating by marriage contract that certain property or certain species of property, including buildings, will be excluded.
Excluded goods are subject to the rules of separation as to property.

S. 238 C reduced community / II. With stipulation of union of assets II. With stipulation of union of property the spouses may stipulate by contract of marriage assets excluded from the community and belonging to the woman will be subject to the rules of the union's assets.
This stipulation is alleged, when the woman recovering to the husband by contract of marriage, the administration and enjoyment of his property.

S. 239 C reduced community / III. Community of acquests / 1. Scope III. Community of acquests 1. Scope the spouses may stipulate by contract of marriage that the community will be reduced to the acquests.
Property acquired during marriage, except as a reinvestment, form of acquisitions and are subject to the rules of the community.
The contributions of each spouse, including what comes to them during the marriage are subject to the rules of the union's assets.

S. 240 C reduced community / III. Community of acquests / 2. Sharing 2. Sharing the benefit when the dissolution of the Community belongs by half to each spouse or heirs.
The deficit is the responsibility of the husband or his heirs, as is not evidence that it was caused by the woman.
The marriage contract may provide another distribution of the benefit and the deficit.

Chapter IV: The separation of property art. 241. General Effets A. General effects legal or judicial separation of property applies to the entire heritage spouses.
It is the conventional separation, unless otherwise provided by the contract.

S. 242 B ownership, administration and enjoyment B. ownership, administration and enjoyment each spouse retains the property, the administration and enjoyment of his property.
When the woman recovering the administration of its property to the husband, there is reason to presume that she renounces to ask him during the marriage and that she left all of the income to meet the expenses of the marriage.
The woman cannot validly waive his right to resume the administration of its property at any time.

S. 243 (c) debts / I. In general v. debt I. Generally the husband was held personally prior to marriage debts and debts incurred during the marriage, either by itself or by the woman representing the conjugal union.
Women held its debts prior to marriage and those arising in its support during the marriage.
It is required, in the event of insolvency of the husband, debts incurred by him or by it for the maintenance of the common household.

S. 244 C debts / II. Bankruptcy of the husband and seizure made against him II. Bankruptcy of the husband and seizure made against him the woman cannot claim any privilege in the bankruptcy of her husband, or the seizure made against him, even though she had entrusted the administration of his property.
The provisions concerning the dowry remain reserved.

S. 245 D. income and gains D. earnings and gains each spouse entitled to income from its property and the product of his work.

S. 246 E. Contribution of the spouses to the expenses of the marriage E. Contribution of the spouses to the expenses of the marriage the husband may require women to contribute to a fair extent to the expenses of the marriage.
In the event of disagreement regarding this contribution each spouse may request that it be fixed by the competent authority.
The husband was held in no refund due to the benefit of women.

S. 247 F. Dot f Dot spouses may stipulate, by marriage contract, a portion of the property of the wife will be constituted as a dowry for the benefit of the husband to meet the expenses of the marriage.
Thus abandoned the husband property are subject to the rules of the union's assets unless agreed otherwise.

Chapter V: of the register of matrimonial s. 248. Effets A. effects of registration registration marriage contracts, judicial decisions concerning the matrimonial property regime and legal acts between spouses about the woman or the Commons contributions, does deploy effects against third parties only after entry in the register of matrimonial property regimes and their publication.
The heirs of the husband are not considered to be third parties.

S. 249 B registration / I. object B. registration I. object are listed in the register the clauses that the spouses intend to make effective against third parties.
Unless otherwise provided by the law or the contract expressly excludes registration, it may be required by each of the spouses.

S. 250 B registration / II. Place II. Place the registration takes place in the registry of the domicile of the husband.
If the husband carries his home in another district, registration must there be also made in three months.
Previous registration has more effect three months after the change of domicile.

S. 251 C keeping the register C. maintenance of the register C. keeping of register the register of matrimonial property regimes is required by attendant to the commercial register, unless the cantons perform other officials and create special districts.
The register is public; extracts shall be issued to any person who so requests.
The publication of the marriage contract simply mentions the matrimonial property regime adopted by the spouses.
Table of contents A. Application of the Act s. 1 I. duties General s. 2 II. Good faith art. 3 III. Discretion of j. s. 4 I. civil law and local custom art. 5 II. Public law of the cantons art. 6 D. General provisions of the law of obligations art. 7. burden of proof article 8 II. Government securities art. 9 s. 10 I. enjoyment of civil rights art. 11 1. Its object art. 12 2. Conditions a. In general art. 13 b. majority art. 14 c.... S. 15 d. discernment s. 16 1. In general art. 17 2. Lack of discernment s. 18 3.Personnes capable of discernment who are not exercising the rights civilians a. principle art. 19. consent of the legal representative art. 19A v. lack of consent art. (b) 19, 4. Strictly personal rights art. 19 c III. Exercise restricted civil rights art. 19 d 1. Parent article 20 2. Alliance art. 21 1. Freedom of the City Arts. 22 2. Home a. Definition art. 23. change of domicile or stay art. 24 c.Domicile of minors arts. 25 d. home of major scope curatorship General s. 26 (I). Against excessive commitments s. 27 1. Principle art. 28 2. A shares. In general art. b. Violence, threats or harassment article 28A b 28, 3. … S. 28 c to 28f 4. Right of reply a. principle art. 28g b. form and contents art. 28 h c. Procedure art. 28i d. terms of dissemination art. 28 k e. use of j. s. l 28, 1. Protection of the name s. 29

2 change of name has. In general art. 30B. In the event of death of one of the spouses arts 30A I. birth and death art. 31 1. Burden of proof article 32 2. Evidence has. In general art. 33. Indices of death art. 34 1. In general art. 35 2. Procedure art. 36 3. Query become art. 37 4. Effects s. 38 i. General s. 39 II. Obligation to declare s. 40 III. Evidence of non-contentious data art. 41 1. By j. s. 42 2. By the authorities of the civil State Arts 43 V. Protection and disclosure of data art. 43a 1. Officers of the civil State article 44 2. Authorities in surveillance art. 45 RN. Central data bank s. 45A II. Responsibility art. 46 III. Disciplinary measures art. 47. I right federal arts. 48 II. Cantonal law art. 49 s. 50 and 51 a. Of personality article 52 B enjoyment of civil rights art. 53 i. Conditions art. 54 II. Mode s. 55 D. head s. 56 I. Destination of goods art. 57 II. Liquidation art. 58 f. Reserves in favour of public law and the law on corporations s. 59 I. Organization corporate art. 60 II. Entry in the register of trade art. 61 III. Associations without personality article 62 IV. Relationship between the Statute and the Act s. 63 1. Functions and call art. 64 2. Skills article 65 3. Decisions a. form s. 66. right to vote and majority art. 67 c deprivation of the right to vote article. 68 1. Rights and duties in general art. 69 2. Accounting art. 69A III. Auditors art. 69 (b) IV. Deficiencies in the Organization of the association article 69 I. entry and exit art. 70 II. Contributions s. 71 III. Exclusion art. 72 IV. Effects of exit and exclusion art. V. Protection of the social purpose article 73 74 VI. Protection of the rights of the members art. 75 C liability art. 75a 1. By decision of the association article 76 2. By law art. 77 3. By judgment art. 78 II. Cancellation of the arts. 79 I. In general art. 80 II. Form art. 81 III. Action of the heirs and creditors art. 82 I. In general art. 83 II. Maintenance of accounts art. 83a 1. Obligation to review and right applicable art. 83b 2. Relations with the authority of statutory auditors art. 83 c IV. Deficiencies in the Organization of the Arts Foundation 83d C. statutory auditors art. 84 C measures in the event of over-indebtedness and insolvency article 84 repealed art. 84b I. The arts organization 85 1. At the request of the authority of monitoring or the supreme organ of the Arts Foundation 86 2. Upon request or due to a provision for cause of death of founder s. 86A III. Consequential amendments of the Act of Foundation arts. 86b E. foundations of family and ecclesiastical foundations art. 87 I. Dissolution by the competent authority art. 88 II. Motion and action in dissolution, cancellation of the arts. 89 g. provident for staff s. 89 has A. failure of Directors art. 89 (b) (b) authority competent s. 89(c) A. s. engagement contract 90. I present art. 91 II. Financial participation art. 92 III. Prescription art. 93 a. capacity art. 94 I. relationship art. 95 II. Previous marriage s. 96 a. principle art. 97 a. abuse linked to legislation on aliens arts. 97 asked I. s. 98 II. Execution and closing of the preparatory proceedings article 99 III. Time art. 100. I place s. 101 II. Form art. 102 D. s. implementing provisions 103 a. principle art. 104 I. case art. 105 II. Action art. 106 I. case art. 107 II. Action art. D. effects of the judgment Art. 108 109 repealed art. 110 I. Agreement full article 111 II. Partial agreement art. 112 Abrogeii. Partial agreement art. 113 I. After suspension of life common art. 114 II. Breakdown of the conjugal relationship s. 115 repealed art. 116. Conditions and procedure art. 117 B effects of separation s. 118 a. name s. 119 B matrimonial and succession s. 120 C housing family arts. 121 1. Division of benefits of exit art. 122 2. Disclaimer and exclusion art. 123 II. After the occurrence of a case of foresight or in case of impossibility of sharing art. 124 i. Conditions art. 125 II. Mode of regulation s. 126 1. Special provisions art. 127 2. Indexing article 128 3. Edited by j. s. 129 4. Extinction by law art. 130 1. Helps recovery and advances art. 131 2. Notice to debtors and provision of security art. 132. rights and duties of the father and mother s. 133 II. Facts article 134 repealed art. 135 to 149 repealed art. 150 to 158 A conjugal Union; rights and duties of the spouses arts 159 B name s. 160 C City law art. 161 D. remains common art. 162 I. In general art. 163 II. Amount at free disposal s. 164 III. Extraordinary contribution of a spouse s. 165 f. Representation of the conjugal union art. 166 G. Profession and the spouses Arts company 167 (I). In general art. 168 II. Accommodation of family arts. 169 j. duty to inform art. 170 I. Offices consultation art. 171 1. In general art. 172 2. Lifetime common a. Contributions monetary s. 173. withdrawal of authority to represent the conjugal union art. 174 3. In the event of suspension of life common a. Causes s. 175. life separate art. 176 4. Notice to debtors s. 177 5. Restrictions on the power of art. 178 6. Facts article 179 repealed art. 180. Régime ordinary art. 181 I. choice of regime art. 182 II. Capacity of parties art. 183 III. Form of the contract of marriage art. 184 1. Judgment art. 185 2. … S. 186 3. Revocation art. 187 1. Bankruptcy s. 188 2. Entry a. judgment art. 189. application section 190 3. Revocation art. 191, III. Liquidation of the previous regime art. 192 D. Protection of creditors art. 193 E.... S. 194 f. Administration of the property of one spouse by the other art. 195 g. inventory article 195 has I. Composition art. 196, II. Acquests s. 197 1. Legal article 198 2. Conventional art. 199 IV. Evidence art. 200 B administration, enjoyment and disposition art. 201 C debts to third arts. 202 D. debts between spouses arts. 203 I. time of dissolution art. 204 1. In general art. 205 2. Share the added value of art. 206 1. Dissociation of acquests and own property art. 207 2. Meetings of art acquisitions 208 3. Rewards between acquisitions and own property art. 209 4. Benefit art. 210 1. S. dollar value 211 2. Yield value has. In general art. 212 b. circumstances special s. 213 3. The article estimate time 214 1. Legal article 215 2. Conventional has. In general art. 216 b. Divorce, legal separation, nullity of marriage or separation of judicial property art. 217 1. Suspension of the payment art. 218 2. Housing and household furniture art. 219 3. Action against a third article 220 I. Composition art. 221 1. Universal community arts. 222 2. Reduced communities. community of acquests s. 223. other communities s. 224 III. Own property art. 225 IV. Evidence art. 226 1. Ordinary administration art. 227 2. Special Administration art. 228 3. Profession or undertaking joint s. 229 4. Renunciation and acquisition of estates s. 230 5. Responsibility and management art. 231 II. Own property art. 232 I. debts General s. 233 II. Own debts s. 234 D. debts between spouses arts. 235 I. time of dissolution art. 236 II. Allocation to own property art. 237 III. Rewards between common property and assets art. 238 IV. Share the added value of art. 239 V. estimate s. 240 1. Death or adoption of another plan art. 241 2. In other cases art. 242 1. Own property art. 243 2. Housing and household furniture art. 244 3. Other property art. 245 4. Other rules for sharing art. 246 I. In general art. 247, II. Evidence art. 248 B debts to third arts. 249 C debts between spouses arts. 250 D. allocation of property in co-ownership s. 251 a. Etablissement of filiation in general art. 252 B.... S. 253 repealed art. 254. A presumption Art. 255 I. standing art. 256 1. Child conceived during the marriage art. a 256, 2. Child conceived before marriage or during the suspension of life common art. 256b III. Period art. 256 c v. conflict of presumptions art. 257 D. Action by the father and mother art. 258 E. marriage of the father and mother art. 259 I. Conditions and form art. 260 1. Standing art. 260a 2. Middle s. (b) 260, 3. Period art. 260 c I. standing art. 261 II. Presumption Art. 262 III. Period art. 263 I. Conditions General s. 264 II. Joint adoption article 264a III. Adoption by a single person art. 264 (b) IV. Age and consent of the child arts. 265 1. Form art. a 265, 2. Time art. b 265, 3. Provision of consent a. Conditions art. 265 b. Decision art. 265 d B. Adoption of major art. 266 I. In general art. 267 II. Freedom of the City Arts. 267a I. In general art. 268 II. Survey article 268 has D. secrecy of adoption art. 268b D. Information on the identity of biological parents art. 268 c 1. Lack of consent art. 269 2. Other vices s. 269a II. Period art. 269b F. intermediary for adoption art activity 269 c I. child of married parents art. 270 II. Child whose mother is not married to the father s. 270a III. Consent of the child arts. 270b B. City law art. 271 C duties reciprocal s. 272 1. Principle art. 273 2. Limits art. 274 II. Third article 274a III. For and competence art. 275 E. Information and information art. 275 has A. purpose and scope article 276 B duration art. 277 C married parents art. 278 I. standing art. 279 II. and III... S. 280 to 284 IV. Extent of the contribution of maintenance s. 285 V. facts new art. I. Contributions 286 periodicals article 287 II. Single compensation art. 288 I. creditor s. 289 1. Appropriate assistance art. 290 2. Notice to debtors s. 291 III. Security art. 292 g. law public arts. 293 h. Parents foster s. 294 j. rights of the mother not married s. 295 A. In general art. 296 A death of a parent article 297. A Divorce and other matrimonial proceedings art. I. Joint Declaration of the parents Art. 298 298a

II. Decision of the authority for the protection of the child arts. 298b III. Action paternity s. 298 c IV. Facts article 298d a. in-laws s. 299. Parents foster s. 300 I. In general art. 301 II. Determination of the place of residence s. 301a III. Education article 302 IV. Religious education art. 303 1. With respect to third parties has. In general art. 304 legal b.Statut of the child arts. 305 2. With respect to the family article 306 I. measures protective art. 307 II. Guardianship art. 308 repealed art. 309 III. Withdrawal of the right to determine the place of residence s. 310 1. Office art. 311 2. With the consent of the parents art. 312 V. facts new art. 313 1. In general art. 314 2. Hearing of the child arts. 314a 3. Representation of the child arts. a 314, 4. Placement in a closed institution or a psychiatric facility art. 314b 1. In general art. 315 2. In a procedure double a. s. judge 315a b. Modification of judicial measures art. 315b VIII. Supervision of children placed with foster parents art. 316 IX. Collaboration in the protection of the youth arts. 317 a. Administration art. 318 B use of income art. 319 C levies on the property of the child arts. 320 I. goods delivered by stipulation s. 321 II. Hereditary reserve art. 322 III. Product work, professional fund article 323 I. measures protective art. 324 II. Withdrawal of authority s. 325 I. Restitution s. 326 II. Responsibility art. 327 a. principle art. 327a I. Of the child arts. 327b II. Guardian article 327 a. debtors s. 328 B demand for food arts. 329 C maintenance of foundlings s. 330 a. Conditions art. 331 I. agenda inside s. 332 II. Responsibility art. 333 1. Environment articles 334 2. Claim s. 334. Fondations family arts. 335 1. Environment articles 336 2. Form art. 337 II. Duration art. 338 1. Operation common art. 339 2. Management and representation has. In general art. 340. powers of the head of the article undivided 341 3. Common goods and chattels s. 342 1. Case art. 343 2. Denunciation, insolvency, wedding art. 344 3. Death art. 345 4. Sharing art. 346 1. Environment articles 347 2. Dissolution art. 348 repealed art. 349-358 repealed art. 359 a. principle art. 360 I. Constitution art. 361 II. Revocation art. 362 C determination of the validity and acceptance s. 363. D Interpretation and completely art. 364 E. performing arts. 365 f. Remuneration and expenses article 366 g. cancellation art. 367 h. Intervention by the authority for the protection of the adult art. 368 I. recovery of the judgement art. 369 a. principle art. 370 B constitution and revocation art. 371 C occurrence of the inability of discernment s. 372 D. Intervention by the authority for the protection of the adult art. 373. Conditions and extent of the power of representation art. 374 B exercise of the power of representation art. 375 C intervention by the authority for the protection of the adult art. 376. A Plan processing art. 377 B representatives art. 378 C cases of emergency art. 379 D. treatment of psychic disorders article 380 E. Intervention by the authority for the protection of the adult art. 381. Contrat assistance art. 382 i. Conditions art. 383 II. Protocol and duty information art. 384 III. Intervention by the authority for the protection of the adult art. 385 C protection of personality article 386 D. supervision of institutions art. 387. A purpose art. 388 B subsidiarity and proportionality article 389 a. Conditions art. 390 B tasks art. 391 C waiver to establish a guardianship art. 392. Curatelle cover art. 393 I. In general art. 394 II. Heritage arts management 395 C curatorship of cooperation arts. 396 d combination of curatorship s. 397 E. generality guardianship art. 398 repealed art. 399 I. Conditions General s. 400 II. Wishes of the person concerned or his relatives s. 401 III. Guardianship entrusted to many arts. 402 B prevention and conflict of interest article 403 C remuneration and expenses article 404. Entrée according to curator s. 405 B relations with the person concerned art. 406 C autonomy of the person concerned art. 407 i. tasks art. 408 II. Amounts available s. 409 III. Accounts art. 410 E. report of activity art. 411 f. Affairs Special s. 412 G. duty of care and duty to keep the secret art. 413 H. facts new art. 414. A Examen of accounts and reports article 415 I. By law art. 416 II. Decision art. 417 III. Lack of consent art. 418 repealed art. 419 repealed art. 420 A. Of right art. 421 I. At the request of the trustee s. 422 II. Other cases art. 423 C management transitional art. 424 D. report and final accounts art. 425 I. Placement for purposes of assistance or treatment s. 426 II. Maintenance of a person entered voluntarily s. 427 I. s. adult protection authority 428 1. Competence art. 429 2. Procedure art. 430 C review periodical article 431 (D). Nobody trusted s. 432 I. Plan of treatment s. 433 II. Treatment without consent arts. 434 III. Emergency arts. 435 IV. Output maintenance s. 436 V. right cantonal art. 437 f. measures limiting the freedom of art movement. 438 G. call for j. s. 439. Autorité protection of the adult art. 440 B authority of statutory auditors art. 441 C jurisdiction at article instead 442. Droit and obligation to notify the authority art. 443 B examination of jurisdiction art. 444 C measures provisional s. 445 D. maxims of the proceedings article 446 E. right to be heard art. 447 f. Obligation to cooperate and administrative assistance article 448 G. Expertise in institution s. 449 h. Representation art. 449a I. Consultation of the file art. 449b J. Obligation to communicate art. 449c A. purpose of the appeal and quality to use art. 450 B reasons article 450a v. time s. 450b D. effect suspensive s. 450 E. Consultation of the first instance and reconsideration s. 450 d F. Special provisions concerning the placement assistance purposes art. 450th repealed art. 450F repealed art. 450g A. secrecy and information art. 451 B effect of the measures in respect of the third article 452 C obligation to cooperate art. 453 a. principle art. 454 B prescription art. 455 C liability according to the rules of mandate s. 456 I. S. descendants 457 II. The kin of the father and mother art. 458 III. The kin of grands-parents art. 459 IV. Last heirs art. 460 repealed art. 461 B surviving spouse, registered partner surviving art. 462 repealed art. 463 and 464 C.... S. 465 D. Canton and municipality art. 466 A. By will s. 467 B. A personal Covenant arts. 468 C provisions null and void Article 469 I. Scope art. 470 II. Reserve art. 471 III. … S. 472 IV. Donations in favour of the spouse surviving s. 473 1. Deduction of debts s. 474 2. Gifts inter vivos s. 475 3. Insurance in case of death article 476 i. Causes s. 477 II. Effects s. 478 III. Burden of proof article 479 IV. Disinheritance of an insolvent art. 480 A. In general art. 481 B loads and conditions art. 482 C institution of heir article 483 I. object art. 484 II. Grant s. 485 III. Relationship between legacy and succession s. 486 E. Substitutions vulgar art. 487 I. Designation of the article called 488 II. Opening of overriding s. 489 III. Security art. 490 1. WS the collateral art. 491 2. To the article called 492 V. Descendants incapable of discernment s. 492a g. foundations art. 493 I. Institution of inheritance and bequests s. 494 1. Scope art. 495 2. Fair difficult art. 496 3. Rights of hereditary creditors art. 497 1. In general art. 498 2. Testament public a. drafting of the Act section 499. the public officer article contest 500 v. contest witnesses art. 501 d. testator who has neither read nor signed art. 502 e. persons contributing to the Act section 503 f. deposit the Act s. 504 3. Holographic form s. 505 4. Oral form a. The latter provisions art. 506. Action subsequent art. 507 v. sunset art. 508 1. Revocation art. 509 2. Removal of the Act section 510 3. Posterior Act article 511 I. form s. 512 1. Inter vivos has. By contract or in the form of an article will 513 b. Reason of breach art. 514 2. In the case of survival of the settlor s. 515 C reduced available unit art. 516. A Designation art. 517 B scope of the s. powers 518 I. inability to have character illegal or immoral provision art. 519 1. In general art. 520 2. In the case of Holograph s. 520a III. Prescription art. 521 1. In general art. 522 2. Gifts for bookers s. 523 3. Right of creditors of an heir s. 524 1. In general art. 525 2. Legacy of a given thing s. 526 3. The regard donations between sharp a. case art. 527. Restitution s. 528 4. Insurance in case of death article 529 5. With respect to usufruct or productive Arts gifts 530 6. When overridden s. 531 III. Reductions in arts agenda 532 IV. Prescription art. 533. Droits in the event of transfer inter vivos of the property s. 534 I. Reduction s. 535 II. Restitution s. 536. A Cause of the arts opening 537 B instead of opening art. 538 1. Enjoyment of civil rights art. 539 2. Indignity a. Causes s. 540. effects with respect to s. descendants 541 1. The heirs art. 542 2. Legatees s. 543 3. Designed children arts. 544 4. When overridden s. 545 1. Sending in possession and security art. 546 2. Restitution s. 547 II. Right of succession of an absent s. 548 III. Correlation between the two cases art. 549 IV. Procedure for office art. 550A. In general art. 551 B sealing of the arts. 552 C inventory article 553 I. In general art. 554 II. When the heirs are unknown art. 555 I. Obligation to communicate art. 556 II. Opening art. 557 III. Communication to the Art. beneficiaries 558 IV. Issuance of goods art. 559 i. heirs art. 560 II... S. 561

1. acquisition of the legacy art. 562 2. Object of the legacy art. 563 3. Rights of creditors art. 564 4. Reduction in s. 565 1. Faculty of divorce articles 566 2. Delay has. In general art. 567 (b). In the case of inventory article 568 3. Transmission of the right to repudiate s. 569 4. Form art. 570 II. Forfeiture of the right to repudiate s. 571 III. Repudiation of one of the co-heirs s. 572 1. In general art. 573 2. Law articles for survivors 574 3. Renunciation in favour of distant heirs art. 575 V. extension of time art. 576 VI. Repudiation of the legacy art. 577 VII. Protection of the rights of the creditors of the heir s. 578 VIII. Liability in case of repudiation s. 579. Conditions art. 580 I. inventory article 581 II. Summons public art. 582 III. Receivables and debts inventoried office art. 583 IV. Result art. 584 i. Administration art. 585 II. Prosecution and trial; prescription art. 586. I time to take party art. 587 II. Declaration of heir article 588 1. Responsibility according to inventory article 589 2. Responsibility beyond inventory article 590 E. liability under bonds art. 591 f. devolved succession to the canton or commune s. 592 I. At the request of an heir s. 593 II. At the request of the creditors of the deceased s. 594 i. Administration art. 595 II. Ordinary way of liquidation art. 596 III. Liquidation under the rules bankruptcy article 597. Conditions art. 598 B effects s. 599 C prescription art. 600 D. Action articles legatee 601 I. Community hereditary art. 602 II. Responsibility of the heirs art. 603 B action in sharing art. 604 C adjournment of sharing art. 605 D. rights of those who were common household with the deceased s. 606 A. In general art. 607 I. provisions of the late s. 608 II. Competition authority art. 609 I. equality of rights of the heirs art. 610 II. Composition of consignments art. 611 III. Allocation and sale of certain hereditary property art. 612 IV. Allocation of housing and furniture of household articles for survivors 612a I. objects forming a while, Art. family papers 613 I. inventory article 613a II. Debts of the deceased against the heir s. 614 III. Estate collateral guarantees art. 615 repealed art. 616 1. Recovery a. allocator s. 617 b. Procedure art. 618 V. enterprises and agricultural buildings art. 619 repealed art. 620 to 625 A. Obligation to report art. 626 B report incapacity or repudiation s. 627 I. In nature or less taking art. 628 II. Donations exceeding the hereditary portion s. 629 III. Calculation art. 630 D. costs of education art. 631 E. use s. Presents 632 repealed art. 633 I. sharing Convention art. 634 II. Convention on hereditary shares art. 635 III. Covenants on unopened succession s. 636 I. resulting Obligations art. 637 II. Rescission of sharing art. 638 i. solidarity article 639 II. Use between heirs art. 640 I. In general art. 641 II. Animals art. 641a I. Les parties intégrantes s. 642 II. Natural fruit s. 643 1. Definition art. 644 2. Exception Art. 645 1. Relationship between co-owners s. 646 2. Regulation of use and administration art. 647 3. Acts of business administration article a 647, 4. Most important administrative acts art. 647b 5. Construction a. necessary art work 647 c b. useful art. 647d c. For beautification and convenience s. 647th 6. Dispositions art. 648 7. Contribution to the expenses and charges s. 649 8. Enforceability; mention in the land register art. 649a 9. Exclusion of the community a. co-owner s. 649 b. holders of other rights arts. 649c 10. End of the condominium a. Action sharing art. 650 b. Sharing Mode s. 651 c. animals living in domestic arts. 651a 1. Case art. 652 2. Effects s. 653 3. End art. 654 III. Property of several companies and agricultural buildings s. 654 a I. building art. 655 II. Dependent property art. 655 has I. registration art. 656 1. S. conveyancing 657 2. Occupation s. 658 3. Training of new land art. 659 4. Landslides has. In general art. 660 b. permanent art. 660a v. new establishment of limits art. (b) 660, 5. Prescription a. ordinary art. 661 b. extraordinary art. 662 v. time s. 663 6. Things without a master and property of the public domain art. 664 III. Right to registration art. 665 C loss of land art. 666 I. owner not found art. 666a II. Absence of prescribed bodies art. 666b I. In general art. 667 1. Indication of the article limits 668 2. Obligation simply s. 669 3. Demarcations Commons art. 670 1. Funds and materials a. property art. 671. allowances art. 672 v. allocation of the property of the Fund article 673 2. Constructions encroaching on the funds of others art. 674 3. Right s. 675 4. Pipe art. 676 5. Constructions securities art. 677 IV. Plantations s. 678 1. In case of excess of the right of property art. 679 2. When operating lawful Fund art. 679a I. In general art. 680 1. Principles art. 681 2. Exercise article a 681, 3. Amendment, waiver of s. 681b 4. In the case of co-ownership and law of area arts 682 5. Rights of first refusal on business and agricultural buildings s. 682 repealed art. 683 1. Excessive violations art. 684 2. Excavations and constructions a. rule art. 685 b. provisions reserved to cantonal law art. 686 3. Plants a. rule art. 687 b. provisions reserved to cantonal law art. 688 4. Water art. 689 5. Drainage s. 690 6. Lines and conducted through a fund a. Obligation to tolerate s. 691. safeguarding the interests of the collateral owner s. 692 c. made new art. 693 7. Rights of way a. Passage needed s. 694. other passages s. 695 v. reference register art. 696 8. Fences s. 697 9. Maintenance of works s. 698 1. Forests and pasture art. 699 2. Research of the wrecks, etc. S. 700 3. Case of need art. 701 1. In general art. 702 2. S. soil improvements 703 I. property and bondage art. 704 II. Bypass s. 705 1. Allowance s. 706 2. Restoration of sites art. 707 IV. Sources Commons art. 708 V. use of Arts sources. 709 VI. Fontaine needed s. 710 1. The article sources 711 2. Soil art. 712 I. Elements art. 712a II. Object arts. 712b III. Dispositions art. 712c I. Act constituent article 712d II. Delimitation and shares art. 712 III. End art. 712f I. provisions applicable art. 712g 1. Definition and distribution article 712 h 2. Guaranteed contributions a. mortgage legal art. 712i b. right of retention article 712 k III. Exercise of civil rights art. 712l 1. Jurisdiction and legal status article 712 m 2. Convocation and President s. 712n 3. Exercise of the right to vote article 712o 4. Quorum art. 712p 1. Appointment article 712q 2. Revocation art. 712r 3. Assignments a. implementation of the provisions and decisions on administration and utilization s. 712 s b. Representation towards third arts. 712t A. purpose of chattel property art. 713 1. Transfer of possession art. 714 2. Pact of retention of title is. In general art. 715. sales by instalments art. 716 3. Constitut possessory s. 717 1. Things without master s. 718 2. Escaped animals art. 719 1. Advertising and research a. In general art. 720 b. animals art. a 720, 2. Custody of the thing and art auction 721 3. Acquisition of property, restitution s. 722 4. Treasury Board s. 723 5. Objects having a scientific value art. 724 IV. Wrecks s. 725 V. Specification s. 726 VI. Adding and mixing art. 727 VII. Acquisitive prescription article 728 C loss of the chattel property art. 729. Objet s. easements 730 1. Registration art. 731 2. Constitution art. 732 3. Easement on his own funds art. 733 1. In general art. 734 2. Meeting of the Fund article 735 3. Court released s. 736 1. In general art. 737 2. Under the inscription art. 738-3. New needs of the Fund dominant s. 739 4. Cantonal law and local custom art. 740 5. Plurality of rightsholders s. 740A II. Charge of maintenance s. 741 III. The article load carriage 742 IV. Division of a fund article 743 s. 744 I. Its object art. 745 1. In general art. 746 2. … S. 747 1. Causes of extinction article 748 2. Duration of the usufruct s. 749 3. Equivalent of the destroyed thing s. 750 4. Restitution Obligation article. 751 b. responsibility art. 752 v. expenses s. 753 5. Prescription of the Arts Awards 754 1. Rights of the usufructuary has. In general art. 755 b. fruit natural art. 756 c. interest articles 757 d. transfer of usufruct s. 758 2. Rights of the bare owner a. Surveillance art. 759. right to require security art. 760 c. security rights in the case of donations and legal usufruct s. 761 d. Suites of the failure to provide securities art. 762 3. Inventory article 763 4. Obligations of the usufructuary a. Conservation of the art thing 764. expenditure on maintenance, taxes and other charges article 765 c. interests of the debts of a heritage art. 766 d. insurance art. 767 1. Buildings has. As for fruit s. 768. Destination of the art thing 769 v. forests s. 770 d. mine articles 771 2. Consumable and things things valued art. 772 3. Receivables a. extent of the enjoyment of art. 773. refunds and reuse art. 774 c. right to the transfer of receivables art. 775 I. In general art. 776 II. Scope of the right to housing art. 777 III. Loads s. 778 I. object and registration in the land register art. 779 II. Constitution art. 779a III. Content, extent and annotation s. 779b 1. Return of buildings art. 779c 2. Allowance s. 779d repealed art. 779th 1. Environment articles 779f 2. Exercise of the right of return art. 779g 3. Other cases of application art. 779 h 1. Right to require the constitution of a mortgage articles 779i 2. Registration art. 779 k VII. Maximum duration art. 779l D. right to a source on funds of others art. 780 E. other easements s. 781

F. measures judicial s. 781 has A. purpose land load s. 782 1. Acquisition and registration art. 783 2. Land charges under public law s. 784 repealed art. 785 1. In general art. 786 2. Redemption a. right of the creditor of require it art. 787. the debtor's right to operate it art. 788 v. s. redemption price 789 3. Imprescriptibility s. 790 I. s. creditor right 791 II. Nature of the s. debt 792 I. Forms of real estate pledge art. 793 1. Capital art. 794 2. Interest articles 795 1. Buildings which may be pledged s. 796 2. A designation. The unique building art. 797 b. Various encumbered buildings art. 798 3. Agricultural buildings art. 798a 1. Registration art. 799 2. If the building is owned by several art. 800 II. Extinction article 801 1. Displacement of the guarantee article 802 2. Denunciation by the debtor Art. 803 3. Compensation in money s. 804 I. scope of the right of the creditor s. 805 II. Rents and rents art. 806 III. Imprescriptibility s. 807 1. Depreciation of the building a. measures conservatories s. 808. Security and restoration of the prior art. 809 2. Depreciation without the fault of the owner article 810 3. Disposal of small plots s. 811 V. subsequent Constitution of real rights art. 812 1. Effects s. 813 2. Order article 814 3. Free boxes art. 815 1. The embodiment of art. 816 2. Distribution of the price article 817 3. Scope of the cover art. 818 4. Guarantees for necessary expenses s. 819 1. Rank s. 820 2. Extinction of the debt and the s. gage 821 IX. Entitlement to insurance art. 822 x creditor found art. 823. But and nature art. 824 I. Constitution art. 825 1. Cancellation art. 826 2. Right of the owner who is not personally bound s. 827 3. Serving mortgage a. Conditions and procedure art. 828 b. auction public art. 829 v. estimate official s. 830 4. Denunciation article 831 1. Total alienation s. 832 2. Crushing s. 833 3. Notice to the creditor s. 834 II. Assignment of the arts. 835 I. Cantonal law art. 836 1. Case art. 837 2. Seller, joint-heirs, undivided s. 838 3. Artisans and entrepreneurs a. registration art. 839 b. rank s. 840 c. Privilege s. 841 I. purpose; report with the basic claim art. 842 II. Types s. 843 III. Right of the owner who is not personally liable s. 844 IV. Alienation, division s. 845 1. In general art. 846 2. Denunciation article 847 VI. Protection of good faith art. 848 VII. Defences of the obligor s. 849 VIII. Powers s. Attorney 850 IX. Place of payment art. 851 x. amendments art. 852 XI. Full payment art. 853 1. The absence of creditor s. 854 2. Cancellation art. 855 XIII. Summons to the creditor to know art. 856 I. Constitution art. 857 II. Transfer art. 858 III. Placing pawning, seizure and usufruct s. 859 1. Registration art. 860 2. Gage title s. 861 II. Protection of good faith art. 862 1. Exercise article 863 2. Transfer art. 864 IV. Cancellation art. 865 s. 866 874 A. Obligations to land s. 875 repealed art. 876-883 1. Possession of the creditor s. 884 2. Commitment of livestock art. 885 3. Right of subsequent pledge article 886 4. Commitment by the creditor s. 887 1. Loss of possession art. 888 2. Restitution s. 889 3. Responsibility of the creditor s. 890 1. The creditor's art. 891 2. Scope of the s. gage 892 3. Pledge rights art. 893 4. Covenant have arts. 894 I. Condition art. 895 II. Exceptions article 896 III. Insolvency article 897 IV. Effects s. 898 A. In general art. 899 I. receivables ordinary art. 900 II. Papers - values art. 901 III. Securities representing goods and warrants s. 902 IV. Subsequent commitment of the s. debt 903 I. scope of the right of the creditor s. 904 II. Representation of shares and shares of a limited liability company data pledge art. 905 III. Administration and reimbursement s. 906 i. authorization art. 907 II. Duration art. 908 I. Constitution art. 909 1. Sale of the s. gage 910 2. Entitlement to surplus s. 911 1. Right to reach the art thing 912 2. Rights of the lender s. 913 C purchases under repurchase s. Pact 914 D. right cantonal art. 915 repealed art. 916 to 918 I. Definition art. 919 II. Possession originating and derived art. 920 III. Momentary interruption s. 921 I. Between present art. 922 II. Between missing art. 923 III. Without a tradition of art. 924 IV. Goods represented by securities art. 925 1. Right of defence art. 926 2. Reintegrande s. 927 3. Share due to disorder of possession art. 928 4. Revocation and limitation period art. 929 1. Presumption of ownership art. 930 2. Presumption in possession derived art. 931 3. Action against owner art. 932 4. Law provision and claim a. entrusted things art. 933 b. things lost or stolen art. 934 c. currency and bearer s. 935 d. In case of bad faith art. 936 5. Presumption against buildings art. 937 1. Possessor in good faith a. art enjoyment. 938 b. allowances art. 939 2. Possessor in bad faith art. 940 IV. Prescription art. 941 1. In general art. 942 2. Registration a. registered buildings art. 943 b. unregistered buildings art. 944 3. Registers a. Ledger art. 945 b. The slip of the land register art. 946 v. slips collective art. 947 d. Journal, exhibits art. 948 4. Orders a. In general art. 949 b. computerized keeping of land registry Art. 949a 5. Cadastral s. 950 1. Boroughs a. jurisdiction art. 951. buildings in several boroughs s. 952 2. Offices of the land register art. 953 3. Fees art. 954 III. Responsibility art. 955 IV. Administrative supervision art. 956 1. Quality to use art. 956a 2. Appeal proceedings art. 956b repealed art. 957 1. Property and real rights art. 958 2. Annotations a. rights personal art. 959. Restrictions on the right to alienate s. 960 v. Inscriptions interim art. 961 d. registration of rights of posterior rank s. 961a 1. Restrictions of public right to property art. 962 2. Of representatives art. 962a 1. Requisition has. To register art. 963 (b). In order to strike s. 964 2. Legitimation a. validity s. 965 b. Complement of legitimation s. 966 1. In general art. 967 2. With respect to s. easements 968 V. notice mandatory s. 969 I. Communication of information and consultation art. 970 II. Publications articles 970a I. effects of non-recordal s. 971 1. In general art. 972 2. Against third parties of good faith art. 973 3. Against third parties in bad faith art. 974 1. In the event of division of immovable property art. a 974, 2. In case of meeting of buildings art. 974b II. In the event of undue registration art. 975 1. Registration undoubtedly without legal value art. 976 2. Other entries a. In general art. 976a b. If opposition art. 976b 3. Of public cleansing procedure article 976c IV. Corrections article 977 I. retroactivity of laws article 1 1. Public order and good morals s. 2 2. Empire of the Act s. 3 3. Non-vested rights arts. 4. I exercise of civil rights article 5 II. Declaration of absence s. 6 IIa. Central data bank of vital art. 6a 1. In general art. 6b 2. Accounting and Auditors art. 6 c i. wedding art. 7 1. Principle art. 7a 2. S. pending divorce trial b 7, 3. Period of separation in the trial pending divorce articles 7 c 1. Principle art. 8 2. Name art. 8a 3. Freedom of the City Arts. 8b II. Matrimonial property regime for spouses married prior to January 1, 1912 s. 9 1. In general art. 9a 2. Passage of the union of the goods to the regime of participation in acquired assets a. out of the property s. 9 b. Privileges s. 9 c. wind-up of the plan under the empire of the new Act s. 9 d 3. Maintaining the union of goods art. 9th 4. Maintenance of the separation of property legal or judicial arts. 9F 5. Marriage contracts has. In general art. 10 b. effects in respect of the third article 10A v. submission to the new law art. 10 (b) d. the old law Art. conventional Separation as to property 10 c e. marriage contracts concluded for the entry into force of the new Act s. 10 d f. registry Art. matrimonial regimes 10th 6. Settlement of debts liquidation marital arts. 11 7. Protection of creditors art. 11a III. Filiation in general art. 12 1. Maintenance of the old law art. 12a 2. Submission to the new right article 12b 3. Adoption of adults or prohibited art. 12 c 4. Intermediary for adoption art activity 12 c III. Challenge of legitimation s. 12d 1. Actions pending art. 13 2. New shares art. 13A IV. Deadline for Act establishing or challenging filiation reports s. 13 (b) IV. Food art. 13 c IV. Name of the child arts. 13D 1. Existing measures art. 14 2. Proceedings art. 14 (a) I. heirs and devolution s. 15 II. Provisions for cause of death art. 16 I. In general art. 17 II. Right to registration in the land register art. 18 III. Acquisitive prescription article 19 1. Trees planted in the funds of others art. 20 2. Property by storey a. native art. 20 b. transformed art. 20 c. treatment of land registers article 20 V. easements land s. 21 1. Recognition of existing mortgage-backed securities s. 22 2. Constitution of pledge rights arts. 23 3. Securities paid art. 24 4. Scope of the s. gage 25 5. Rights and obligations deriving from the real estate pledge has. In general art. 26 b. measures conservatories s. 27 c. denunciation, transfer art. 28 6. Rank s. 29 7. Mortgage box art. 30 8. … S. 31 and 32 9. Assimilation between rights of pledge of the former and the new Act s. 33 10. Persistence of the former Act for older types of pledge rights arts. a 33, 11. Transformation of the mortgage schedule type s. 33b 1. Form art. 34 2. Effects s. 35 VIII. Rights of retention article 36 IX. Possession art. 37 1. Hotel art. 38 2. Official cadastral survey

has.... S. 39. Introduction of the land register before surveying art. 40 c. time limits for cadastral surveying and the introduction of the land register art. 41 repealed art. 42 3. Registration of rights real a. Mode of registration art. 43 b. Consequences of the failure of registration art. 44 4. Defunct real rights arts. 45 5. Deferment of the introduction of the land register art. 46 6. Entry into force of the system of rights in rem before the establishment of the land register art. 47 7. Forms of cantonal law art. 48 f. Prescription art. 49 g. form of contracts article 50. Abrogation of the cantonal civil law arts. 51 I. rights and duties of the cantons art. 52 II. Rules established by federal power failing Arts townships. 53 C designation of competent authorities art. 54 I. In general art. 55 II. Electronic media art. 55A E. Concessions hydraulic art. 56 f. H.... S. 57 j. prosecution for debts and bankruptcy art. 58 k. Application of Swiss law and foreign law art. 59 l. repealed federal civil law arts. 60 M. provisions finals s. 61. Régime legal ordinary art. 178 I. choice of regime art. 179 II. Capacities of the parties article 180 III. Form of the contract of marriage art. 181 I. Separation of legal property art. 182 1. At the request of the woman article 183 2. At the request of her husband art. 184 3. At the request of creditors art. 185 III. Date of separation as to property art. 186 IV. Revocation of separation as to property art. 187 I. guarantee of the rights of creditors art. 188 II. Liquidation in the event of separation of property art. 189 1. In general art. 190 2. Goods reserved by the effect of the Act s. 191 II. Effects s. 192 III. Evidence art. 193 I. property marital arts. 194 II. S. spouses own 195 III. Evidence art. 196 1. Form and force probative s. 197 2. Effect of estimation s. 198 V. inputs of women in property to the husband s. 199 i. Administration art. 200 II. Enjoyment s. 201 1. Husband s. 202 2. The woman has. In general art. 203 b. Repudiation of successions s. 204 C warranty of the contributions of women art. I. liability of husband s. 205 206 1. On all its property arts. 207 2. On its property reserved s. 208 i. liability art. 209 1. S. women's rights 210 2. Privilege s. 211 I. death of wife s. 212 II. Death of her husband art. 213 III. Profit and deficit s. 214 I. property marital arts. 215 1. In general art. 216 2. Acts of provision a. In general art. 217. Repudiation of successions s. 218 1. Responsibility of the husband s. 219 2. Responsibility of the woman has. On his property and the Commons art. 220b. On the value of its assets reserved s. 221 3. Execution art. 222 1. In general art. 223 2. Debt of women art. 224 1. Sharing a. Legal art. 225 b. conventional art. 226 2. Responsibility of the surviving art. 227 3. Allocation of contributions s. 228 I. case art. 229 II. Goods of community art. 230 III. Administration and representation art. 231 1. By concerned art. 232 2. By law art. 233 3. By judgment art. 234 4. As a result of marriage or death of a child art. 235 5. Sharing or liquidation art. 236 I. With stipulation of separation as to property art. 237 II. With stipulation of union of assets art. 238 1. Scope art. 239 2. Sharing art. 240. Effets General s. 241 B ownership, administration and use art. 242 I. In general art. 243 II. Bankruptcy of the husband and seizure made against him s. 244 D. income and gains article 245 E. Contribution of the spouses to the expenses of the marriage article 246 f. Dot art. 247. Effets of the recording arts. 248. I object art. 249 II. Place s. 250 C keeping the register art. 251 2 3 RS. Still applicable as law transitional, where the art. 9A and s. of the tit. fin. (revision of the marital law, on 5 oct. 1984) provide.

RO 24 245, 27 200 and RS 2 3 [RS 1 3]. At the disp. mentioned is the art. 122 Cst. from 18 Apr. 1999 (RS 101).
New content according to Chapter 2 of the annex to the Federal law of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).
FF 1904 IV 1, 1907 VI 402 State April 1, 2016

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