A . Engagement Contract

¹ The engagement is formed by the promise of marriage.

² They only oblige the minor fiancé if his legal representative has consented to it. ¹

³ The law does not provide for action to compel the marriage of the fiancé who refuses to do so.

B. Brewing of the engagement

I. Present

¹ The fiancés may require the return of the present, subject to the gifts of use, provided that the rupture is not caused by the death of one of them.

² If the present no longer exists in kind, restitution is governed by the provisions relating to illegitimate enrichment.

II. Financial participation

Where one of the fiancés has taken good faith, for the purpose of marriage, provisions causing costs or loss of gain, he may require the other to have appropriate financial participation, provided that this does not appear unfair in view of the All the circumstances.

III. Limitation period

The actions resulting from the engagement shall be prescribed for one year from the date of the rupture.

A. Capacity

¹ In order to enter into marriage, men and women must be 18 years of age and capable of discernment.

² ... ¹

B. Prevents

I. Relationship of relatives ¹

¹ Marriage is prohibited between parents on the direct line, as well as between brothers and sisters gerhands, inbred or uterine, that kinship is based on descent or adoption. ²

² Adoption does not remove the impediment arising from the relationship between the adopted and its descendants, on the one hand, and its natural family, on the other.

II. Previous marriage

Every person who wishes to remarry must establish that his previous marriage has been annulled or dissolved.

A. Principle

¹ Marriage shall be celebrated by the registrar at the end of the preparatory procedure.

² Fiancés may marry in the district of the civil status of their choice.

³ Religious marriage cannot precede civil marriage.

A ^Bis . Abuses related to foreign legislation

¹ The Civil Officer refuses his assistance when one of the fiancés obviously does not wish to establish a married community but evade the provisions on the admission and residence of aliens.

² The registrar shall hear the fiancés and may request information from other authorities or third parties.

B. Preparatory procedure

I. Application

¹ The application for execution of the preparatory procedure shall be submitted by the fiancés to the Office of the Vital Statistics of the home of one of them.

² They appear personally. If the fiancés show that this clearly cannot be required of them, the execution of the preparatory procedure shall be allowed in the written form.

³ They establish their identity by means of documents and personally declare to the Office of the Civil State that they fulfil the conditions of the marriage; they produce the necessary consents.

⁴ Fiancés who are not Swiss citizens must establish the legality of their stay in Switzerland during the preparatory process. ¹

II. Execution and closure of the preparatory procedure

¹ The Civil Registry Office examines whether:

1.

The application has been filed on a regular basis;

2.

The identity of the fiancés is established;

3.

The conditions of the marriage are fulfilled, in particular if there is no evidence to conclude that the application is clearly not the expression of the free will of the fiancés. ¹

² When these requirements are met, it communicates to the fiancés the closure of the preparatory process and the legal deadlines for the celebration of the marriage.

³ In the framework of the cantonal law and agreement with the fiancés, it fixes the moment of the solemnization of the marriage or, if it is required, it issues an authorisation to celebrate the marriage in another district of the civil state.

⁴ The Office of the Civil State shall communicate to the competent authority the identity of the fiancés who have not established the legality of their stay in Switzerland. ²

III. Delays

¹ The marriage may be celebrated at the earliest ten days and not later than three months after the close of the preparatory procedure has been communicated.

² Where the observance of the ten-day period may prevent the celebration of the marriage because one of the fiancés is in danger of death, the registrar may, upon presentation of a medical certificate, abridge the time limit or celebrate the marriage Immediately.

C. Celebration of marriage

I. Location

¹ The marriage is celebrated in the wedding hall of the district of the civil state chosen by the fiancés.

² If the preparatory procedure has taken place in another district of the civil status, the fiancés must submit an authorisation to celebrate the marriage.

³ Marriage may be celebrated in another place if the fiancés show that their movement to the wedding hall clearly cannot be required.

II. Shape

¹ Marriage is celebrated publicly, in the presence of two major witnesses and capable of discernment.

² The civil status officer asks the fiancée and fiancé separately if they want to unite with the marriage.

³ When the fiancés answered in the affirmative, they are declared united by the marriage bond, by virtue of their mutual consent.

D. Implementing provisions

The Federal Council and the cantons, within the framework of their competence, enact the implementing provisions.

A. Principle

Marriage by a registrar may be annulled only on the basis of one of the grounds set out in this Chapter.

B. Absolute Causes

I. Cases

The marriage must be annulled:

1.

Where one of the spouses was already married at the time of the celebration and the previous marriage was not dissolved by divorce or by the death of the spouse;

2.

When one of the spouses was unable to discernment at the time of the celebration and has not recovered the ability to discernment since then;

3. ¹

Where the marriage was prohibited because of the nature of a relationship;

4. ²

Where one of the spouses does not wish to establish a conjugal relationship but evade the provisions on the admission and residence of aliens;

5. ³

When the marriage was concluded in violation of the free will of one of the spouses;

6. ⁴

When one of the spouses is a minor, unless his or her best interests command the maintenance of the marriage.

II. Action

¹ The action shall be brought ex officio by the competent cantonal authority of the domicile of the spouses; it may also be brought by any interested person. To the extent that this is compatible with their powers, the federal or cantonal authorities shall inform the competent authority to bring action when they have reason to believe that a marriage is vitiated by a nullity. ¹

² Annulment of an already dissolved marriage does not continue to be carried out by the Office; it may nevertheless be requested by any interested person.

³ The action may be instituted at any time.

C. Relative Causes

I. Cases

A spouse may apply for annulment of the marriage:

1.

When he was unable to discernment for a temporary cause during the celebration;

2.

When he mistakable to consent to the celebration, either that he did not want to marry, or that he did not want to marry the person who became his spouse;

3.

When he or she contracted by having been purposely misinformed about the essential personal suitability of his or her spouse.

4. ¹

...

II. Action

¹ The plaintiff must bring the action within six months of the day on which he discovered the cause of cancellation or the cause of the threat, but in any case within five years of the celebration of the marriage.

² The heirs do not have standing to act; however, an heir may continue the procedure already opened at the time of death.

D. Effects of judgement

¹ Annulment of marriage shall have effect only after it has been declared by the judge; until the judgment, the marriage has all the effects of a valid marriage, with the exception of the inheritance rights of the surviving spouse.

² The provisions relating to divorce shall apply mutatis mutandis to the effects of the annulment judgment in respect of spouses and children.

³ The husband's presumption of paternity ceases when the marriage is annulled because it has been contracted to evade the provisions on the admission and residence of aliens. ¹

A. Divorce on joint motion

I. Complete agreement

¹ When the spouses request a divorce by a joint motion and produce a complete agreement on the effects of their divorce, together with the necessary documents and their joint conclusions concerning the children, the judge shall hear them Separately and together. The hearing may take place in several sessions.

² The judge ensures that the spouses have filed their petition for divorce and concluded their convention after due consideration and of their own volition and that the convention and the conclusions relating to the children can be ratified; it then declares the divorce.

II. Partial Agreement

¹ The spouses can apply for divorce by a joint motion and declare that they entrust the judge with the task of settling the effects of the divorce on which there is still disagreement.

² They shall be heard, as in the case of a complete agreement, on their determination to divorce, the effects of the divorce which are the subject of an agreement and their decision to have the other effects settled by the judge.

³ ... ¹

B. Divorce on unilateral request

I. After suspension of common life

A spouse may apply for divorce when, at the beginning of the lis pendens or on the day on which the request is replaced by a unilateral request, the spouses have been separated for at least two years.

II. Rupture of the conjugal relationship

A spouse may apply for divorce before the expiry of the two-year period, where serious grounds which are not attributable to him render the continuation of the marriage unbearable.

A. Conditions and procedure

¹ Separation of bodies may be requested under the same conditions as divorce.

² ... ¹

³ The ruling on the separation of bodies has no bearing on the right to divorce.

Effects of Separation

¹ Separation of bodies leads to the separation of property.

² In the case of surplus, the provisions relating to protective measures of the conjugal relationship shall apply mutatis mutandis.

A. Name

The husband who changed his name at the conclusion of the marriage retains that name after the divorce; however, he may, at any time, declare to the registrar that he wishes to return to his or her name.

B. Marital status and succession

¹ The settlement of the matrimonial regime is subject to the matrimonial regime.

² The divorced spouses cease to be the legal heirs to each other and lose all the benefits resulting from death provisions made before the lis pendens of the divorce proceedings.

C. Family housing

¹ Where the presence of children or other important reasons so warrant, the judge may grant to one of the spouses the rights and obligations arising out of the contract of the lease relating to the accommodation of the family, provided that such decision can Reasonably be imposed on the other spouse.

² The spouse who is no longer a tenant is solidarily liable for the rent until the end of the lease or until the term of leave provided for by the contract or the law, but in all cases for two years at most; when his liability has been incurred for the payment Rent, it can offset the amount paid with the maintenance contribution due to its spouse, by instalments limited to the monthly rent amount.

³ Under the same conditions, the judge may grant to one of the spouses a limited right of residence on the accommodation of the family that belongs to the other spouse, subject to fair compensation or a fair deduction from the contribution For maintenance. Where significant developments so require, the right of housing is restricted or removed.

D. Professional Prevoyance

I. Prior to the occurrence of a contingency

1. Share of exit benefits

¹ Where at least one of the spouses is affiliated with an institution of professional foresight and there have been no cases of foresight, each spouse is entitled to one-half of his or her spouse's income calculated for the duration of the marriage. The provisions of the law of 17 December 1993 on free passage ¹ .

² Where the spouses have reciprocal claims, only the difference between the two claims must be shared.

2. Waiver and Exclusion

¹ A spouse may, by convention, waive all or part of his or her right, provided that he or she may otherwise benefit from an equivalent old-age and invalidity pension.

² The judge may refuse to share, in whole or in part, where it is manifestly unfair for reasons relating to the liquidation of the matrimonial regime or the economic situation of the spouses after divorce.

II. After the occurrence of a case of foresight or in case of impossibility of sharing

¹ A fair compensation is payable where a pre-need has already occurred for one of the spouses or both or the claims for professional foresight acquired during the marriage may not be shared for other reasons.

² The judge may require the debtor to provide security if the circumstances so warrant.

E. Post-divorce maintenance

I. Conditions

¹ If one cannot reasonably expect a husband to provide him with proper maintenance, including the provision of an appropriate old-age pension, his or her spouse must make a fair contribution.

² In order to decide whether a maintenance contribution is allocated and to fix, where appropriate, the amount and duration, the judge shall, in particular, deduct the following:

1.

The division of labour during marriage;

2.

Duration of marriage;

3.

The living standards of the spouses during marriage;

4.

Age and health status of spouses;

5.

Income and wealth of the spouses;

6.

The extent and duration of care for children still to be provided;

7.

The vocational training and earning prospects of the spouses, as well as the likely cost of the professional integration of the recipient of the maintenance;

8.

Expectatives of old-age and survivors' insurance and professional foresight or other forms of private or public foresight, including the expected result of the sharing of exit benefits.

³ The allocation of a contribution may exceptionally be refused in whole or in part where it is manifestly unfair, in particular because the creditor:

1.

Has seriously violated his or her obligation to maintain the family;

2.

Deliberately caused the state of necessity in which it is located;

3.

Has committed a serious criminal offence against the debtor or one of its relatives.

II. Payment Method

¹ The judge allocates the maintenance contribution in the form of an annuity and sets the time at which it is due.

² Where circumstances warrant, it may impose a final capital by-law rather than an annuity.

³ It may make the obligation to contribute to maintenance subject to certain conditions.

III. Annuity

1. Special provisions

By convention, spouses may completely or partially exclude the subsequent amendment of an agreed annuity.

2. Indexing

The judge may decide that the maintenance contribution will be increased or reduced ex officio on the basis of determined variations in the cost of living.

3. Amendment by the judge

¹ If the situation of the debtor or the creditor changes significantly and durably, the pension may be reduced, abolished or suspended for a fixed period of time; an improvement in the creditor's situation is taken into account only if an annuity that permits To ensure proper maintenance has been established in the divorce judgement.

² The creditor may request the adjustment of the annuity to the higher price for the future, when the debtor's income increased unpredictably after the divorce.

³ Within five years of the divorce, the creditor may request the allowance of an annuity or increase when the divorce decree finds that it has not been possible to fix an annuity to ensure the proper maintenance of the Creditor, while the situation of the debtor has improved since then.

4. Extinguishment of By Law

¹ The maintenance obligation shall be extinguished upon the death of the debtor or creditor.

² Unless otherwise agreed, it shall also lapse upon the remarriage of the creditor.

IV. Executing

1. Recovery Assistance and Advances

¹ Where the debtor neglects its maintenance obligation, the child protection authority ¹ Or another Office designated by the cantonal law adequately assists, and generally free of charge, the creditor who requests it to obtain the payment of the maintenance contribution.

² It is for the public right to settle the payment of advances where the debtor does not meet its maintenance obligation.

³ The claim of the maintenance contribution goes with all the rights attached to it to the public community when it is responsible for the maintenance of the creditor.

2. Advice to debtors and provision of security rights

¹ Where the debtor does not meet the maintenance obligation, the judge may order its debtors to make all or part of their payments in the hands of the creditor.

² Where the debtor persists in neglecting his maintenance obligation or that he or she is prepared to flee, dilapidates his or her fortune or disappears, the judge may require the debtor to provide appropriate security for the contributions Future maintenance.

F. Children's Sort

I. Rights and duties of father and mother

¹ The judge shall rule on the rights and duties of the father and mother in accordance with the provisions governing the effects of filiation. These regulations include:

1.

Parental authority;

2.

Child care;

3.

Personal relationships (art. 273) or the involvement of each parent in the care of the child

4.

The maintenance contribution.

² The judge shall take into account all the circumstances important to the good of the child and shall take into consideration a possible joint request by the parents and, as far as possible, the opinion of the child.

³ It may set the maintenance contribution for a period beyond access by a majority.

II. Recent Developments

¹ At the request of the father or mother, the child or the child protection authority, the assignment of parental authority shall be amended when significant developments require it for the benefit of the child.

² 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. ¹

³ In the event of an agreement between the father and the mother, the child protection authority shall have jurisdiction to amend the assignment of parental authority and custody and to ratify the Convention on the Maintenance of the Child. In other cases, the decision rests with the competent judge to amend the divorce judgement. ²

⁴ When deciding on the modification of parental authority, custody or the contribution of the maintenance of a minor child, the judge shall amend the manner in which the personal relationship or the participation of each parent in the care of a minor child is necessary Have been settled; in other cases, the child protection authority has jurisdiction in the matter. ³

Repealed

A. Regular system

The spouses are placed under the plan of participation in the acquisition, unless they have adopted another plan by contract of marriage or are subject to the special matrimonial regime.

B. Marriage contract

I. Choice of Plan

¹ The marriage contract may be entered into before or after the marriage.

² The parties can only adopt, revoke or amend a plan within the limits of the law.

II. Parties Capacity

¹ Persons capable of discernment can only conclude a marriage contract.

² Minors and major persons whose curatelle extends to the conclusion of a marriage contract must be authorized by their legal representative. ¹

III. Form of marriage contract

The marriage contract shall be received in the authentic form and shall be signed by the parties and, where appropriate, by the legal representative.

C. Extraordinary regime

I. On the request of a spouse

1. Judgement

¹ At the request of a husband on the basis of just cause, the judge shall declare the separation of property.

² In particular, there are just reasons:

1.

Where the spouse is insolvent or his share of the common property has been seized;

2.

Where the spouse puts the interests of the applicant or the community at risk;

3.

Where the spouse unreasonably refuses to give the required consent to an act of disposition on common property;

4.

When the spouse refuses to inform the applicant about his or her assets, income or debts, or the condition of common property;

5.

When the spouse is unable to discernment in a sustainable manner.

³ Where a spouse is unable to discernment in a sustainable manner, his or her legal representative may request that the separation of property be pronounced on that basis as well.

2. ...

3. Revocation

¹ By contract of marriage, the spouses may at any time reintroduce their previous regime or agree on another regime.

² Where the grounds for the separation of property have disappeared, the judge may, at the request of a spouse, prescribe the reinstatement of the former regime.

II. In case of forced execution

1. Bankruptcy

Spouses living under a community plan are entitled to the system of separation of property as soon as one of them is declared bankrupt.

2. Entering

A. Judgement

When a spouse is living under a community regime and his or her share is seized for a particular debt, the prosecuting authority may require the judge to order the separation of property.

B. Request ¹

¹ The application is directed against both spouses.

² ... ²

3. Revocation

¹ Where the debtor has disinterested creditors, the judge may, at the request of a spouse, prescribe the reinstatement of the community plan.

² By contract of marriage, the spouses may adopt the scheme of participation in the acquets.

III. Liquidation of the previous regime

The spouses shall be liquidated as a result of the separation of property in accordance with the rules of their previous regime, unless otherwise provided for by law.

D. Protection of creditors

¹ The adoption or modification of a matrimonial regime, as well as liquidations between spouses, cannot exempt creditors of a spouse or community from the property on which they could exercise their rights.

² The spouse to whom such property has passed is personally liable to pay the said creditors, but may be released from liability to the extent that it establishes that the goods received are not sufficient.

E. ...

F. Administering the property of one spouse by the other

¹ Where a spouse is expressly or tacitly entrusting the administration of his or her property to his or her spouse, the rules of the terms of reference shall apply unless otherwise agreed.

² The provisions on the settlement of debts between spouses are reserved.

G. Inventory

¹ Each spouse may ask his or her spouse at any time to assist in the preparation of an inventory of their property by authentic act.

² The accuracy of this inventory is assumed to occur in the year as of the day on which the property is entered into a mass.

A. Property

Composition

The interest-in-interest plan includes each spouse's own property and property.

II. Acquired

¹ The property acquired by a spouse for consideration during the plan is acquired.

² A spouse's acquisition includes:

1.

The product of its work;

2.

Sums paid by pre-need institutions in favour of staff or by insurance or social security institutions;

3.

Damages due to incapacity for work;

4.

Income from its own property;

5.

Property acquired by a remploi of its acquisition.

III. Own properties

1. Equal

The following are property of the law:

1.

The effects of a spouse solely for his or her personal use;

2.

Property owned by the employee at the beginning of the plan or later transferred to it by succession or otherwise free of charge;

3.

Claims for compensation for moral harm;

4.

Property acquired through the acquisition of own property.

2. Convention

¹ By contract of marriage, spouses may agree that property acquired in the course of a business or in the operation of a business is part of its own property.

² Spouses may also agree on a marriage contract that income from own property will not form an acquisition.

IV. Evidence

¹ A person who alleges that a property belongs to any of the spouses is required to establish proof of that property.

² In the absence of this evidence, the property is deemed to be jointly owned by both spouses.

³ All property of a spouse is presumed to be acquired, unless proven otherwise.

B. Administration, enjoyment and provision

¹ Each spouse has the administration, enjoyment and disposition of his or her own property and property, within the limits of the law.

² Where a property is jointly owned by both spouses, none of them may, unless otherwise agreed, dispose of it without the consent of the other.

C. Debts to third parties

Each spouse answers his or her debts on all his or her property.

D. Debts between spouses

¹ The plan has no effect on the liability of the spouses.

² However, where the settlement of a debt or the return of a thing exposs the debtor spouse to serious difficulties that jeopardize the conjugal relationship, the latter may request payment periods, which are charged to provide security if the Circumstances justify it.

E. Dissolution and liquidation of the regime

I. Moment of Dissolution

¹ The plan is dissolved on the day of the death of a spouse or on the day of the contract adopting another plan.

² If there is divorce, separation of body, nullity of marriage or separation of judicial property, the dissolution of the plan shall be retroactive to the day of the application.

II. Reprises of property and settlement of debts

1. In general

¹ Each spouse takes over those of his or her property that is in the spouse's possession.

² Where a property is a condominium, a spouse may request, in addition to the other measures provided for by the law, that the property be allocated to the property in its entirety if it warrants a preponderant interest, which may be of interest to the spouse.

³ The spouses settle their mutual debts.

2. Share to the added value

¹ Where a spouse has contributed without corresponding consideration to the acquisition, improvement or retention of assets of the spouse who end up in liquidation with added value, his claim shall be proportionate to his contribution and Is calculated on the current value of the assets; in case of capital value, it can in any case claim the amount of its investments.

² If any of the property in question has been disposed of previously, the receivable is immediately payable and is calculated on the realizable value of the property at the time of the disposition.

³ By written agreement, spouses can rule out or change the value of a property.

III. Determination of the benefit of each spouse

1. Dissociation of Own Assets and Goods

¹ Each spouse's own property and property shall be disjoinable in their composition on the day of the dissolution of the plan.

² The capital paid to a spouse by an institution of foresight or because of the loss of his or her working capacity is counted in the capital property of the capitalized value of the annuity that would have belonged to that spouse upon the dissolution of the plan.

2. Meetings with Acquests

¹ The following shall be in value:

1.

The property that was a part of the property disposed of by the spouse without the consent of the spouse of the spouse in the five years prior to the dissolution of the plan, other than the use of the property;

2.

Dispositions of property that a spouse made during the plan with the intention of jeopardization of the spouse's participation.

² ... ¹

3. Rewards Between Acquests and Own Assets

¹ When a debt on one of the masses has been paid out of money from the other, it shall be rewarded, on the winding-up, between the acquisition and the own property of the same spouse.

² A debt strikes the mass with which it is connected or, in doubt, the acquisition.

³ Where a mass has contributed to the acquisition, improvement or preservation of assets belonging to the other mass, the reward, in the case of added value or moins-value, shall be proportionate to the contribution provided and shall be calculated on the Value of these assets upon disposal or at the time of disposal.

4. Profit

¹ From the acquisition of each spouse, including meetings and rewards, all the debts incurred to earn the benefit are deducted.

² There is no account of a deficit.

IV. Estimate Value

1. Veneral Value

When the matrimonial regime is liquidated, the property is valued at its venal value.

2. Value of return

A. In general

¹ Where the spouse who owns a farming business continues to operate it personally, or where the surviving spouse or a descendant has the right to demand that it be fully allocated to it, the share of the capital gain and the debt Participation is calculated on the basis of the performance value.

² Where the spouse who owns the farming business, or his heirs, may, on the other hand, claim to the spouse a share of the capital gain or interest, the claim may relate only to what would have been due if the business had been Estimated at its venal value.

³ The provisions of the estate law on the estimate and on the share of the gain shall apply mutatis mutandis.

B. Specific circumstances

¹ The allotment value can be fairly increased due to special circumstances.

² These circumstances include the maintenance needs of the surviving spouse, the purchase price of the farm business, including investments, or the financial position of the spouse to whom it belongs.

3. Time of Estimate

¹ The accrued gains from dissolution are estimated at the time of the liquidation.

² Meeting assets are valued at their value on the day they are disposed of.

Participation in the benefit

1. Equal

¹ Each spouse or his or her estate is entitled to one half of the other's benefit.

² Accounts receivable are offset.

2. Convention

A. In general

¹ By contract of marriage, the spouses may agree to another participation for the benefit.

² Such conventions shall not affect the reservation of non-common children and their descendants.

B. In the event of divorce, separation of bodies, nullity of marriage or separation of judicial property

In the event of dissolution of the regime due to divorce, separation of bodies, nullity of marriage or separation of judicial property, the clauses that modify the legal participation in the benefit do not apply, unless the marriage contract Expressly provides for the contrary.

VI. Settlement of the debt obligation and the share of the added value

1. Stay on payment

¹ Where the immediate settlement of the debt obligation and the share of the added value exposs the debtor to serious difficulties, the debtor may request payment periods.

² Unless otherwise agreed, it shall have interests at the close of the liquidation and may be required to provide security if the circumstances so warrant.

2. Housing and household furniture

¹ In order to maintain the living conditions of the deceased, the surviving spouse may request that a right of usufruct or habitation on the home or in the conjugal apartment owned by the deceased be allocated to the surviving spouse. Its claim for participation; the contrary clauses of the marriage contract are reserved.

² Under the same conditions, he may request the allocation of household furniture.

³ 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 of habitation, the property of the house or apartment.

⁴ The surviving spouse cannot claim these rights on the premises in which the deceased exercised a profession or carried on a business if they are necessary for a descendant to continue this activity; the provisions of the inheritance law Peasant are reserved.

3. Action against third parties

¹ If the property, which belongs to the debtor spouse or his estate during the liquidation, does not cover the claim for participation, the creditor or his or her heirs may search for the third parties who have benefited from the disposals Subject to meeting.

² The action shall lapse after one year from the date on which the creditor or his heirs have known the lesion and, in all cases, after ten years after the dissolution of the plan.

³ In the case of surplus, the provisions on succession action in reduction shall apply mutatis mutandis. ¹

A. Property

Composition

The regime of the community of property consists of the common property and the own property of each spouse.

II. Common Assets

1. Universal Community

¹ The universal community is made up of all the property and income of the spouses who are not property of the law.

² The community belongs to both spouses.

³ None of them can dispose of their share of common goods.

2. Reduced Communities

A. Community of Acquests

¹ By marriage contract, the spouses may agree that the community will be reduced to the acquisition.

² Own-property income enters into common assets.

B. Other communities

¹ By contract of marriage, spouses may agree to exclude from the community certain property or species of property, such as real property, the work product of a spouse or property used in the performance of his or her profession or the exploitation of his or her Company.

² Unless otherwise agreed, income from these assets does not enter the community.

III. Own properties

¹ Own assets consist of a marriage contract, third party liberalities or the effect of the law.

² Each spouse's own property includes by law the effect exclusively for his or her personal use, as well as his claims for moral damage.

³ The hereditary reserve of a spouse may not be made of property by parents if, according to the marriage contract, it must enter into the common property.

IV. Evidence

Any property is presumed to be common if it is not proven that it is clean of either spouse.

B. Management and disposition

I. Common goods

1. Regular administration

¹ The spouses manage the common property in the interest of the conjugal relationship.

² Within the ordinary administration, each spouse can engage the community and dispose of the common property.

2. Extraordinary Administration

¹ Beyond the ordinary administration, the spouses can only engage the community and dispose of the common property jointly or with the consent of each other.

² Such consent shall be presumed to the benefit of third parties, unless they know or should know that it has not been given.

³ The provisions on the representation of the conjugal relationship are reserved.

3. Occupation or Joint Undertaking

Where a spouse, with the consent of his or her spouse and by means of common property, carries on a profession alone or carries on a business alone, he or she may carry out all acts which enter into the exercise of those activities.

4. Repudiation and succession acquisition

¹ A spouse may not, without the consent of his or her spouse, repudiate an estate that would enter into the common property or accept an insolvent estate.

² If it is not possible to collect this consent or if it is refused without lawful reason, the spouse may appeal to the judge. ¹

5. Responsibility and Management Fees

¹ A spouse who acts on behalf of the community incurs the liability of an agent for the dissolution of the plan.

² Management costs are a burden on common goods.

II. Own properties

¹ Each spouse has the administration and disposition of his or her own property, within the limits of the law.

² If the income is entered into the own property, the costs of managing the income will be on the individual's own property.

C. Debts to third parties

I. General ettes

Each spouse answers on his or her own property and on common goods:

1.

Debts incurred within the limits of his or her power to represent the conjugal relationship and to administer the common property;

2.

Debts that he or she has incurred in the course of a business or in the operation of a business if those activities are carried on by means of common property, or if their income falls within those assets;

3.

Debts that also personally require the spouse;

4.

Debts in respect of which the spouses have agreed with a third party that the debtor will also respond to the common property.

II. Clean Dette

¹ For all other debts each spouse only answers his own property and half of the value of the common property.

² Action based on the enrichment of the community is reserved.

D. Debts between spouses

¹ The plan has no effect on the liability of the spouses.

² However, where the settlement of a debt or the return of a thing exposs the debtor spouse to serious difficulties that jeopardize the conjugal relationship, the latter may request payment periods, which are charged to provide security if the Circumstances justify it.

E. Dissolution and liquidation of the regime

I. Moment of Dissolution

¹ The plan is dissolved on the day of the death of a spouse on the day of the contract adopting another plan or on the date of a spouse's declaration of bankruptcy.

² If there is divorce, separation of body, nullity of marriage or separation of judicial property, the dissolution of the plan shall be retroactive to the day of the application.

³ The composition of the common and clean goods shall be terminated on the day of the dissolution.

II. Allocation to own property

The capital paid to a spouse by an institution of foresight or by reason of the loss of his or her working capacity and which is entered into the common property shall be counted in the capital property of the capitalized value of the annuity which would have belonged To that spouse upon the dissolution of the plan.

III. Rewards between common goods and own property

¹ When a debt on one of the masses has been paid out of money from the other, it shall be rewarded, on the winding-up, between the common property and the own property of each spouse.

² A debt strikes the mass with which it is connected or, in doubt, the common goods.

IV. Share to Most-Value

Where the personal property of a spouse or common property has contributed to the acquisition, improvement or retention of a property belonging to another mass, the provisions of the plan of participation in respect of Added value or valuation is applicable by analogy.

V. Estimation Value

The existing common property on dissolution is estimated at the time of liquidation.

VI. Sharing

1. In the event of death or adoption of another regime

¹ When the community of property is terminated by the death of a spouse or by the adoption of another plan, it is split in half between the spouses or their heirs.

² By contract of marriage, spouses may agree on a share other than in half.

³ Such conventions shall not affect the reserve of the descendants.

2. In other cases

¹ In the event of divorce, separation of bodies, nullity of marriage or separation of legal or judicial property, each spouse repeats those of the common property that would have formed his own property under the scheme of participation in the acquisition.

² The remaining common goods are split in half between the spouses.

³ Clauses that modify legal sharing do not apply unless the marriage contract expressly provides otherwise.

VII. Sharing mode and procedure

1. Own properties

Where the community of property is terminated by the death of a spouse, the surviving spouse may request that the property that has been its own property under the ownership interest be allocated to it on its part.

2. Housing and household furniture

¹ Where the house or apartment occupied by the spouses, or household furnishings, were included in the common property, the surviving spouse may request that ownership of the property be allocated to the surviving spouse.

² 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 place of the property, a usufruct or a right of habitation.

³ If the community of property is terminated otherwise than by death, each spouse may make the same claims if he or she warrants a preponderant interest in the assignment.

3. Other assets

Each spouse may also request that other common goods be allocated to him or her on the basis of his or her share, if it is of paramount interest.

4. Other Sharing Rules

In the case of surplus, the provisions on the sharing of co-ownership and on the mode and procedure of estate sharing are applicable by analogy.

A. Administration, enjoyment and provision

I. In general

Each spouse has the administration, enjoyment and disposition of his or her property, within the limits of the law.

II. Evidence

¹ A person who alleges that a property belongs to any of the spouses is required to establish proof of that property.

² In the absence of this evidence, the property is deemed to be jointly owned by both spouses.

B. Debts to third parties

Each spouse answers his or her debts on all his or her property.

C. Debts between spouses

¹ The plan has no effect on the liability of the spouses.

² However, where the settlement of a debt or the return of a thing exposs the debtor spouse to serious difficulties that jeopardize the conjugal relationship, the latter may request payment periods, which are charged to provide security if the Circumstances justify it.

D. Allocation of a Condominium Property

Where a property is a condominium, a spouse may, on dissolution of the plan, request, in addition to the other measures provided for by the law, that the property be allocated to the spouse entirely if he or she has a preponderant interest in the interest of his or her spouse.

A. Establishment of parentage in general

¹ In relation to the mother, descent is the result of birth.

² In relation to the father, she is established by her marriage to the mother, by recognition or by judgment.

³ Parentage is also the result of adoption.

B. ...

A. Presumption

¹ The child born during the marriage has the husband's father.

² In the event of the death of the husband, the husband shall be deemed to be the father if the child is born within three hundred days after the death, or after the three hundred days if it is proved that it was conceived before the death of the husband.

³ If the husband is absent, he shall be deemed to be the father of the child born within three hundred days after the danger of death or the latest news.

B. Disaveu

I. Quality for action

¹ The presumption of paternity may be challenged before the judge:

1.

By the husband;

2.

By the child, if the common life of the spouses has ended during the minority.

² The husband's action is brought against the child and the mother, that of the child against the husband and mother.

³ The husband cannot bring the action if he consented to the design by a third party. The Federal Act of 18 December 1998 on Assisted Human Reproduction ² Is reserved for the disavowal of the child ³

II. Medium

1. Child conceived during marriage

¹ When the child was conceived during the marriage, the applicant must establish that the husband is not the father.

² The child born one hundred and eighty days at least after the solemnization of the marriage or at least three hundred days after its dissolution as a result of death shall be presumed to have been conceived during the marriage. ²

2. Child conceived before marriage or during the suspension of common life

¹ Where the child was conceived prior to the celebration of the marriage or when the conception of the common life was suspended, the applicant does not have to prove otherwise in support of the action.

² However, in this case too, the husband's paternity is presumed when it is likely that he cohabited with his wife at the time of conception.

III. Delay

¹ The husband must take action no later than one year after he was born and the fact that he is not the father or that a third party cohabited with the mother at the time of conception, but in any case in the five years since the birth.

² The child's action must be instituted no later than one year after the child reaches the age of majority.

³ The action may be instituted after the expiry of the time limit where there are good reasons for the excusable delay.

C. Presumptions conflict

¹ When a child is born within three hundred days after the dissolution of the marriage as a result of death and his mother has a new marriage, the second husband shall be deemed to be the father. ²

² If this presumption is ruled out, the first husband is deemed to be the father.

D. Action by father and mother

¹ Where the husband has died or has become incapable of discernment before the expiry of the period, the action may be taken by his or her father or mother.

² The provisions on the disavowal by the husband shall apply mutatis mutandis.

³ The one-year time limit for bringing the action begins at the earliest when the father or mother has learned of the husband's death or inability to discernment.

E. Marriage of father and mother

¹ When the father and mother marry, the provisions concerning the child born during marriage shall apply mutatis mutandis to the child born before their marriage, as soon as the husband's paternity is established through recognition or judgment.

² The recognition can be attacked:

1.

By the mother;

2.

By the child or, after his death, by his or her descendants, if the common life of the spouses has ended during the minority or if the recognition took place after reaching the age of 12 years;

3.

By the municipality of origin or domicile of the husband;

4.

By the husband.

³ The provisions on the challenge of recognition shall apply mutatis mutandis.

A. Recognition

I. Conditions and Form

¹ When the relationship of filiation exists only with the mother, the father can recognize the child.

² The consent of the legal representative is necessary if the author of the recognition is a minor or if it is under general supervision or if the adult protection authority has so decided. ²

³ Recognition shall be made by declaration before the registrar or by a will or, where a paternity declaration is pending, before the judge.

II. Challenge Action

1. Quality to act

¹ Recognition may be challenged in court by any person concerned, in particular by the mother, by the child and, if he has died, by his or her descendants, as well as by the municipality of origin or the commune of domicile of the author of the recognition.

² The action shall be open to the author of the recognition only if he did so in the belief that a serious and imminent danger threatened him himself, or one of his relatives, in his life, his health, his honour or his property, or whether he was in error concerning his Paternity.

³ The action is brought against the author of the recognition and against the child when the latter do not take the action themselves.

2. Medium

¹ The applicant must prove that the author of the recognition is not the father of the child.

² However, the mother and the child have to provide this evidence only if the author of the recognition makes it likely that he or she cohabited with the mother at the time of conception.

3. Delay

¹ The plaintiff must bring the action within one year from the day on which he has learned that the recognition took place and that the author is not the father or that a third party cohabited with the mother at the time of conception, or from the day on which the The error has been discovered or the one where the threat has been ruled out, but in any case within five years since the recognition.

² In all cases, the child's action may still be instituted within one year of reaching the age of majority.

³ The action may be instituted after the expiry of the time limit where there are good reasons for the excusable delay.

B. Paternity action

I. Quality for action

¹ The mother and the child may take action to ensure that the parentage is established with respect to the father.

² The action shall be brought against the father or, if he has died, against his or her descendants or in their absence, in order, against his father and mother, against his brothers and sisters or against the competent authority of his last domicile.

³ When the father has died, the judge informs the wife that the action has been brought so that she can safeguard her interests.

II. Presumption

¹ Paternity is presumed when, between the three hundredths and the one hundred and eightieth day before the birth of the child, the defendant cohabited with the mother.

² Paternity is also presumed when the child was conceived before the three hundredth day or after the one hundred and eightieth day before the birth and the defendant cohabited with the mother at the time of conception.

³ The presumption ceases when the defendant proves that his paternity is excluded or less likely than that of a third party.

III. Delay

¹ The action may be taken before or after the birth of the child, but at the latest:

1.

By the mother, one year after birth;

2.

By the child, one year after reaching the age of majority.

² If there is already a relationship of filiation with another man, the action may in any case be brought within one year after the dissolution of that report.

³ The action may be instituted after the expiry of the time limit where there are good reasons for the excusable delay.

Adoption of minors

I. General conditions

A child may be adopted if the prospective adoptive parents have provided care to him and have provided his or her education for at least one year and if all the circumstances make it possible to provide that the establishment of a parentage link will be used in the course of the The child without inequitable impairment of the situation of other children of the adoptive parents.

II. Joint adoption

¹ Spouses may only adopt jointly; joint adoption is not permitted for other persons.

² Spouses must be married for five years or be 35 years of age.

³ A spouse may adopt the child of the spouse if he or she has been married to the spouse for five years. ²

III. Adoption by single person

¹ An unmarried person can adopt alone if she is 35 years of age.

² A married person, 35 years old, may adopt alone when a joint adoption proves impossible because the spouse has become incompetent in a sustainable manner, or has been absent for more than two years without residence Or when the separation of bodies has been pronounced for more than three years.

IV. Age and consent of the child

¹ The child must be at least sixteen years younger than the adoptive parents.

² Adoption may take place only with the consent of the child, if the child is able to discern.

³ When the child is under guardianship, the child protection authority will have to consent to the adoption, even if it is capable of discernment.

V. Parental consent

1. Shape

¹ Adoption requires the consent of the father and mother of the child.

² The consent shall be declared, in writing or orally, to the child protection authority of the domicile or place of residence of the parents or the child and shall be recorded in the record.

³ It is valid, even if it does not name prospective adoptive parents or if they are not yet appointed.

2. Moment

¹ Consent cannot be given for six weeks from the birth of the child.

² It may be revoked within six weeks of its receipt.

³ If it is renewed after being revoked, it is final.

3. Consent provision

A. Conditions

The consent of one of the parents may be disregarded.

1.

When it is unknown, absent for a long time without known residence or incompetent discernment in a sustainable manner;

2.

When he did not seriously care about the child.

B. Decision

¹ Where the child is placed for the purpose of a future adoption and the consent of one of the parents is lacking, the child protection authority of the child's domicile shall decide, at the request of an investment agency or adoptive parents and in good standing Prior to the commencement of the placement, if this consent can be ignored.

² In other cases, it is at the time of adoption that a decision will be taken on this matter.

³ When the consent of one of the parents is ignored, because the child is not seriously concerned, the decision must be communicated to the child in writing.

Adoption of major ²

¹ In the absence of descendants, a major person may be adopted: ³

1.

In the case of a physical or mental infirmity that requires continuous assistance and the adoptive parents have provided care for at least five years;

2.

When, during the minority, the adoptive parents provided him or her with care and provided education for at least five years;

3.

Where there are other fair grounds and have lived in the domestic community for at least five years with the adoptive parents.

² A spouse cannot be adopted without the consent of the spouse.

³ Moreover, the provisions on the adoption of minors apply by analogy.

C. Effects

I. In general

¹ The child acquires the legal status of a child of the adoptive parents.

² Previous ties of filiation shall be severed, except in respect of the spouse of the adopter.

³ A new first name can be given to the child at the time of adoption.

II. Freedom of the City

¹ The minor child shall acquire, instead of his right of the previous cantonal and communal city, that of the adoptive parent whose name it bears.

² When a person adopts the minor child of his or her spouse, the child acquires the right of the cantonal and communal city of the parent whose name it bears.

D. Procedure

I. In general

¹ Adoption shall be delivered by the competent cantonal authority of the domicile of the adoptive parents.

² Where an application for adoption is filed, the death or incapacity for judgment of the adopter shall not prevent the adoption, if the fulfilment of the other conditions is not compromised.

³ When the child becomes major after the application has been filed, the provisions on the adoption of minors shall remain applicable if the conditions were previously met.

II. Survey

¹ Adoption may not be made until an investigation into all the essential circumstances has been carried out, if necessary with the assistance of experts.

² The investigation shall include, inter alia, the personality and health of the adoptive parents and the child, on their mutual suitability, the ability of the adoptive parents to educate the child, their economic situation, their mobility and their conditions of Family, as well as the evolution of the feeder link.

³ When adoptive parents have descendants, their opinion must be taken into account.

D ^Bis . Adoption Secret ²

The identity of the adoptive parents will be revealed to the parents of the child only with their consent.

D ^Ter Information on the identity of biological parents

¹ From the age of 18, the child can obtain data on the identity of his or her biological parents; he or she has the right to obtain the data before the age of 18 when he or she can claim a legitimate interest.

² Before giving the child the data requested, the authority or office holding the data shall inform the biological parents as far as possible. If the latter refuse to meet the child, the child must be notified and must be informed of the personality rights of the biological parents.

³ The cantons designate an appropriate office, which advises the child, at his request.

E. Action for cancellation

Reasons

1. Consent requirement

¹ Where, without legal grounds, consent has not been sought, the persons empowered to give consent may attack the adoption before the judge, if the child's property is not seriously compromised.

² This right does not, however, belong to parents if they can resort to the Federal Court against the decision.

2. Other vices

¹ Where the adoption is vitiated by other defects, of a serious nature, any person concerned, in particular the municipality of origin or domicile, may attack it.

² The action is, however, excluded, if the defect has meanwhile been ruled out, or if it concerns only procedural requirements.

II. Delay

The action must be brought within six months from the day on which the ground has been discovered and, in all cases, within two years since the adoption.

F. Intermediary Activity for Adoption

¹ The Confederation monitors the activity of intermediary for adoption.

² The person performing the activity as an intermediary in a professional capacity or in relation to his profession is subject to authorisation; the placement by the child protection authority shall be reserved. ²

³ The Federal Council lays down the implementing provisions; it also regulates cooperation with the cantonal authorities with regard to the placement of children for adoption with regard to the conditions for authorisation and supervision.

⁴ ... ³

A. Name

I. Child of married parents

¹ The child of spouses who have different names acquires that of their two names of single persons whom they have chosen to give to their common children at the time of the conclusion of the marriage.

² Parents may, however, jointly request, within one year of the birth of the first child, that the child take the same name as the other spouse.

³ A child of a spouse who has a common family name acquires that name.

II. Child whose mother is not married to the father

¹ Where parental authority is exercised exclusively by one of the parents, the child shall acquire the name of the parent. When parental authority is exercised jointly, the parents choose which of their two names will bear their children.

² Where the joint parental authority has been established after the birth of the first child, the parents may, within the period of one year from its institution, declare to the registrar that the child bears the name of The other parent. This declaration applies to all children in common, regardless of the attribution of parental authority.

³ If neither parent exercises parental authority, the child acquires the mother's unmarried name.

⁴ Changes in the attribution of parental authority have no effect on the name. The name change provisions are reserved.

III. Consent of the child

If the child is twelve years old, it is no longer possible to change his name without his or her consent.

B. Freedom of the City

¹ The child acquires the right of the cantonal and communal city of the parent whose name it bears.

² A minor child who takes the name of the other parent acquires instead of his right of cantonal and communal residence earlier than that of that parent.

C. Reciprocal duties

The father and mother and the child shall provide each other with the assistance, respect and respect required by the interest of the family.

D. Personal Relationships

I. Father, mother and child

1. Principle

¹ The father or mother who does not have parental authority or custody and the minor child have each other's right to maintain the personal relationships indicated by the circumstances.

² Where the exercise or non-exercise of that right is prejudicial to the child, or which other grounds so require, the child protection authority may recall the father and mother, the foster parents or the child to their duties and give them Instructions.

³ The father or mother may require that her right to maintain contact with the child be resolved.

2. Limits

¹ The father and the mother must be careful not to disturb the child's relationship with the other parent and not to make education more difficult.

² If personal relationships compromise the child's development, if the father and mother who maintains them are violating their obligations, if they did not seriously care about the child or if there are other fair grounds, the right To maintain these relationships can be denied or withdrawn.

³ If the father and mother have consented to the adoption of their child or if their consent may be disregarded, the right to personal contact shall cease when the child is placed for adoption.

II. Tiers

¹ In exceptional circumstances, the right to maintain contact may also be granted to other persons, in particular to relatives, provided that it is in the best interests of the child.

² The limits of the right to personal relations between the father and the mother are applicable by analogy.

III. For and Competence

¹ The child protection authority of the child's home is competent to take the necessary measures concerning personal relations; the same jurisdiction also belongs to the child protection authority of the place of residence of the child. The child if the child has taken protective measures in his or her favour or is preparing to take care of them.

² The judge who decides on parental authority, custody and the contribution of maintenance according to the provisions governing divorce and the protection of the conjugal relationship also regulates personal relations. ²

³ If measures concerning the right of the father and the mother have not yet been taken, personal relations cannot be maintained against the will of the person who has parental authority or who is entrusted with the care of the child.

E. Information and information

¹ The father or mother who does not hold parental authority will be informed of the special events in the life of the child and heard before making any important decisions for the development of the child.

² It may, as well as the holder of the parental authority, collect from third parties involved in the care of the child, in particular with its teachers or doctor, information on its condition and its development.

³ The provisions limiting the right to personal relations with the child and the competence in the matter shall apply mutatis mutandis.

A. Purpose and scope

¹ The father and mother must provide for the maintenance of the child and therefore bear the costs of his education, his training and the measures taken to protect him.

² Maintenance shall be provided by care and education or, where the child is not in the care of his or her father and mother, by pecuniary benefits.

³ The father and mother are unlinked from their maintenance obligations to the extent that the child can be expected to be interviewed by the product of his or her work or other resources.

B. Duration

¹ The maintenance obligation of the father and mother lasts until the majority of the child.

² If, by a majority, the child does not yet have adequate training, the father and mother shall, to the extent that the circumstances permit, provide for the maintenance of the child until such time as the child has acquired such training. Completed within normal time frames. ²

C. Married parents

¹ During marriage, the father and mother bear the costs of maintenance in accordance with the provisions of the marriage law.

² Each spouse is required to assist his or her spouse in an appropriate manner in the fulfilment of their maintenance obligations to children born before marriage.

D. Action

I. Quality for action ²

¹ The child can act against his father and mother, or both together, in order to claim the maintenance for the future and for the year preceding the opening of the action.

² And ³ ... ³

II. And III ...

IV. Maintenance Contribution Scope

¹ The maintenance contribution must correspond to the needs of the child as well as to the situation and resources of the father and mother; account shall be taken of the child's wealth and income as well as the participation of the parents who have not Custody of the child for the care of the child. ²

² Unless the judge decides otherwise, the children's allowances, social insurance annuities and other benefits for the maintenance of the child, which are returned to the person to be provided for maintenance, shall be paid in addition to the Maintenance contribution.

^2bis Social insurance annuities or other benefits for the maintenance of the child, which are subsequently returned to the father or mother because of their age or disability and in lieu of income from an activity, must be paid to The child; the amount of the maintenance contribution paid so far is automatically reduced accordingly. ³

³ The maintenance contribution must be paid in advance, at times fixed by the judge.

V. Recent Developments

¹ The judge may order that the maintenance contribution be increased or reduced as soon as specific changes occur in the child's needs, the father's and mother's resources or the cost of living.

² If the situation changes significantly, the judge shall amend or delete the maintenance contribution at the request of the father, mother or child.

³ The judge may compel the parents to make a special contribution when the child's unforeseen extraordinary needs require it. ²

E. Convention on the maintenance obligation

I. Periodic contributions

¹ The maintenance contribution agreements require the child only after having been approved by the child protection authority.

² Maintenance contributions fixed by convention may be amended, unless such modification has been excluded with the approval of the child protection authority.

³ If the agreement is entered into in court proceedings, the judge shall be competent for the approval.

II. Single Benefit

¹ If the interest of the child warrants it, the parties may agree that the maintenance obligation shall be carried out by the payment of a single allowance.

² The Convention binds the child only:

1.

When it has been approved by the child protection authority or, if it has been entered into in a judicial proceeding, by the judge, and

2.

When the allowance has been paid to the designated Office.

F. Payment

I. Creditor

¹ The maintenance contributions are due to the child and are paid during the minority to his or her legal representative or to the custodial parent. ²

² The claim to the maintenance contribution goes with all the rights attached to it to the public community when it is responsible for the maintenance of the child.