Rs 281.1 Federal Law Of April 11, 1889, On Debt Collection And Bankruptcy (Lp)

Original Language Title: RS 281.1 Loi fédérale du 11 avril 1889 sur la poursuite pour dettes et la faillite (LP)

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281.1 Federal law on debt collection and bankruptcy (LP) of April 11, 1889 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view of art. 64 of the constitution, stop: first title: provisions general I. Organization art. 1 a. Arrondissements pursuit and bankruptcy A. boroughs continued and the territory of each canton bankruptcy form one or more boroughs of debt collection and administration of the bankruptcy.
The cantons determine the number and scope of these districts.
The boroughs of bankruptcy can be divided into several districts of pursuit.

Each art. has a marginal title according to section I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 2 B offices of prosecutors and bankruptcy / 1. Organization B. Offices of prosecutors and bankruptcy 1. Organization each district prosecution is provided with a prosecution office which is headed by the agent to the prosecution.
Each district bankruptcy is a bankruptcy office which is headed by the bankruptcy officer.
A substitute replaces the attendant challenged or prevented to lead the Agency.
The prosecution office and the office of bankruptcy can be joined under same management.
For the rest, the Organization of offices is the responsibility of the cantons.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 3 B offices of prosecutors and bankruptcy / 2. Compensation 2. Compensation mode of treatment of officers and their surrogates is the competence of the cantons.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 4 c. mutual C. support prosecution offices and offices of the bankruptcies proceed to acts of their competence at the request of offices, special bankruptcy administrations, as well as Commissioners and liquidators of another district.
Offices, special administrations of bankruptcy, Commissioners and liquidators can also conduct an act of jurisdiction outside their district, the consent of the competent office of the place. However, this is only responsible for notification of debt other than by mail, to the seizure, the auction and the requisition of the public force.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 4aC. Procedures having a material connection between C. Procedures having a physical connectedness in bankruptcy and composition procedures having a physical connectedness, enforcement bodies, regulators and the courts involved coordinate their activities as far as possible.
The bankruptcy courts and the courts of the concordat involved as well as the supervisory authorities may, by mutual agreement, designate which, among them, will have a unique skill for all procedures.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 5 d. responsibility / 1. Principle d. liability 1. Principle the canton addresses the damage caused in an illicit way, by the employees, the employees, their auxiliaries, members of special bankruptcy administrations, auditors, liquidators, supervisory authorities, the judiciary as well as by the public force in the execution of the tasks attributed to them by this Act.
The injured party has no right to the wrongdoer.
Cantonal law regulates the recourse action against those responsible for the damage.
Moral is also due when the gravity of the infringement warrants.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 6 d. responsibility / 2. Requirement 2. Prescription the action for damages is prescribed by one year from the day the injured party had knowledge of the damage and, in all cases, by ten years from the day where the fact harmful occurred.
However, if the right to compensation is the result of a punishable act submitted by the criminal law to a limitation period of longer duration, this delay also applies to an action for damages.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 7 d. responsibility / 3. Jurisdiction of the federal court 3. Jurisdiction of the federal court when an action in damages is based on the wrongful act of the cantonal supervisory authority upper or senior judge of the concordat, the federal Supreme Court is alone competent.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 8th. - minutes and records / 1. Held, probative and rectification E. trial - verbal and registers 1. Held, probative and rectification prosecution offices and the offices of the bankruptcy rise records of their operations, as well as requisitions and statements they receive; they keep the records.
The minutes and records are authentic until proof to the contrary.
The prosecution office rectifies officio or at the request of a person concerned an inaccurate entry.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 8aE. minutes and records / 2. Right of consultation 2. Right of consultation, any person may consult the minutes and records of the offices of the lawsuits and bankruptcy offices and make issue excerpts provided that she makes her likely interest.
This interest is made likely especially when demand for extract is directly related to the conclusion or the liquidation of a contract.
The offices should not bring to the attention of third: a. proceedings null and those that were cancelled on complaint or as a result of a judgment; (b) the proceedings for which the debtor has been successful in an action for the recovery; c. the charges withdrawn by the creditor.

The right to consultation of third parties ends five years after the closure of the proceedings. The judicial and administrative authorities can still, in the interest of proceedings pending before them, apply for an extract.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 9 f. deposit cash and objects of price F. filing species and price items of lawsuits and bankruptcy offices are required to record deposits and consignments Fund money, values and objects of prices that they do not have jobs within three days.

Art. 10 G. recusal G. recusal no servant or employee, nor any member of the supervisory authority can make an act of his office in the following cases: 1. when it comes to his own interests; 2. When it comes to the interests of his spouse, registered partner or the person with which it in fact leads a life as a couple; 2. When it comes to the interests of parents or allied direct online or until the third degree online collateral; 3. When it comes to the interests of a person who is the legal representative, agent or employee; 4. where, for other reasons, it could have a preconceived opinion in the case.

The officer who should recuse themselves immediately transmits the request to his substitute and notify the creditor by simple fold.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
Introduced by c. 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).

Art. 11 h. H. prohibitions prohibitions it is forbidden workers and employees of a deal for their own account, receivables in pursuit or objects to achieve. Any act violating this prohibition is void.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 12 I. payments in the hands of the debt collection office I. payments in the hands of the office of the proceedings the prosecution office is obliged to accept payments made on behalf of the creditor Prosecutor.
The debtor is released from these payments.

Art. 13 k. supervisors / 1. Cantonal / a. Designation K. supervisory authorities 1. Cantonal a. Designation each canton refers to a supervisory authority for the prosecution offices and the offices of bankruptcy.
The cantons may in addition establish lower authorities monitoring for one or more districts.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 14 k. supervisors / 1. Cantonal / b. Inspections and measures b. disciplinary Inspections and disciplinary measures the supervisory authority inspects each office at least once a year.

The following disciplinary measures may be taken against an officer or an employee: 1. the reprimand; 2. the fine up to 1000 francs; 3. the suspension for more than six months; 4. the dismissal.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 15 k. supervisors / 2. Federal Council 2. Federal Council federal Council exercises prosecutorial and bankruptcy supervision and provides for the uniform application of this Act.
It enacts the necessary enforcement orders and regulations.
It can give instructions to the cantonal supervisory authorities and ask them annual reports.

He coordinates the electronic communication between the offices of prosecutions and bankruptcy, the land register and the register of commerce, courts and individuals.

New content according to Chapter 6 of the annex to the Federal Act of 17 June 2005 on the TF, in force since Jan. 1. 2007 (RO 2006 1205; FF 2001-4000).
New content according to Chapter 6 of the annex to the Federal Act of 17 June 2005 on the TF, in force since Jan. 1. 2007 (RO 2006 1205; FF 2001-4000).
Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).
Introduced by the c. II 17 of annex 1 to the CPC on Dec 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 16 L. Emoluments L. fees. the federal Council shall rates.
The parts about the lawsuit and the bankruptcy are exempt from the stamp.

Art. 17 Mr. Plainte and use / 1. At the supervisory authority Mr. Plainte and remedies 1. At the supervisory authority except in cases where the law prescribed the way legal, it can be filed a complaint with the supervisory authority when the Agency measure is contrary to the law or does not appear justified in fact.
The complaint must be filed within ten days from that where the complainant has been informed of the measure.
It can similarly be filed a complaint at any time for denial of justice or unjustified delay.
In case of complaint, the Agency may, to send his response, conduct a further review of the contested decision. If he takes a new measure, it shall notify it without delay to the parties and gives knowledge to the supervisory authority.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 18. M complaint and appeal / 2. At the higher supervisory authority 2. The superior authority of monitoring any decision of the lower instance can be referred to the higher cantonal supervisory authority within 10 days of its notification.
A complaint may be filed at any time before that authority against the lower authority for denial of justice or undue delay.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 19 M. complaint and appeal / 3. The federal court 3. The federal court the appeal to the federal court is governed by the law of 17 June 2005 on the federal court.

New content according to Chapter 6 of the annex to the Federal Act of 17 June 2005 on the TF, in force since Jan. 1. 2007 (RO 2006 1205; FF 2001-4000).
RS 173.110 art. 20 M. Plainte and use / 4. Possible prosecution for currency effects 4. Possible prosecution for effects of prosecutorial for currency exchange, complaint and appeal deadlines are only five days. the authority is required to act within a period of the same duration.

Art. 20 aM. complaint and appeal / 5. Proceedings before the cantonal authorities 5. Proceedings before the cantonal authorities...
The following provisions apply to the procedure before the cantonal supervisory authorities: 1. the supervisory authorities shall, whenever they act in this capacity, identify themselves as such and as applicable as authority lower or higher; 2. the supervisory authority finds the facts of its own motion. She may ask the parties to work together and may declare inadmissible conclusions when the parties refuse to lend the necessary support that you would expect from them; 3. the supervisory authority freely appreciate the evidence; subject to art. 22, it cannot go beyond the conclusions of the parties.4. the decision is motivated and indicates the legal remedies; It is notified in writing to the parties, to the office concerned and other interested potential; 5. procedures are free of charge. The party or its representative who use reckless process or in bad faith may be sentenced to a fine of 1500 francs at most as well as the payment of fees and disbursements.

For the rest, the cantons regulate the procedure.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to ch. I-6 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal Act on the TF and the LF on the TAF (RO 2006 5599; FF 2006 7351).
Repealed by section 6 of the schedule to the Federal Act of 17 June 2005 on the TF, with effect from Jan 1. 2007 (RO 2006 1205; FF 2001-4000).
New content according to Chapter 6 of the annex to the Federal Act of 17 June 2005 on the TF, in force since Jan. 1. 2007 (RO 2006 1205; FF 2001-4000).
New content according to ch. I-6 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal Act on the TF and the LF on the TAF (RO 2006 5599; FF 2006 7351).
Introduced by section 6 of the schedule to the Federal Act of 17 June 2005 on the TF, in force since Jan. 1. 2007 (RO 2006 1205; FF 2001-4000).

Art. 21 M. Plainte and use / 6. Decision 6. Decision when a complaint is deemed well-founded, the Authority cancels or straightens the Act which is the subject; She orders the execution of the operations to which the official unduly refuses to proceed or it delays the accomplishment.

Art. 22N. nullity of the action N. nullity of the action are zero measures contrary to provisions laid down in the public interest or in the interest of persons who are not parties to the proceedings. Surveillance authorities find void regardless of any complaint.
The office may replace a measure zero by a new measure. If a procedure based on para. 1 is pending before the supervisory authority, the Agency keeps this skill until its response.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 23O. cantonal enforcement provisions / 1. Court O. provisions cantonal enforcement authorities 1. Judicial authorities the cantons designate judicial authorities to rule in matters which this Act assigns the knowledge to judge.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 24O. cantonal enforcement provisions / 2. Pension deposits 2. Pension deposits the cantons designate the funds deposits and consignments; they are responsible for deposits made with such funds.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 25o. cantonal enforcement provisions / 3. …

3....

Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 26O. cantonal enforcement provisions / 4. Effects of public law of the unsuccessful seizure and bankruptcy 4. Effects of public law of the unsuccessful seizure and bankruptcy as federal law is not applicable, the cantons may prescribe that unsuccessful seizure and the opening of the bankruptcy have effects of public law (such as the inability to perform public functions, to exercise a profession or activity subject to authorization). They can order the publication of the proceedings of default property or deprivation of the right to elect or vote.
It is put an end to these effects of public law once the bankruptcy is revoked, all an act of default of property creditors are disinterested or all their claims are prescribed.
The effects of public law of the unsuccessful seizure and bankruptcy are not incurred as a result of the losses that one of the spouses or registered partners, as a single creditor, has suffered from the head of the other.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).

Art. 27w. cantonal enforcement provisions / 5. Professional representation 5. Professional representation the cantons may regulate the professional representation of stakeholders to the enforcement proceedings. They include: 1. prescribing that people who intend to exercise this activity demonstrate their professional skills and their morality; 2. require the provision of collateral; 3. set the rate of compensation for professional representation.


Anyone who has been authorized in one canton to exercise professional representation can seek permission to carry out this activity in any other canton, as far as his skills and his character have been verified appropriately.
No one may be forced to use a representative. Representation costs cannot be charged to the debtor.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 28 p. Information on the cantonal cantonal Organization Organization P. Information cantons indicate to the federal Council the boroughs of pursuit and bankruptcy, the Organization of the offices and authorities that they have established in the execution of this Act.
The federal Council gives these communications the necessary publicity.

New content according to ch. I-6 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal Act on the TF and the LF on the TAF (RO 2006 5599; FF 2006 7351).

Art. 29Q....

Q....

Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 30R. Special Enforcement Procedures a. Special Enforcement Procedures this Act does not apply to enforcement against the cantons, districts and municipalities, as long as there are federal or cantonal law on the matter.
Special procedures for enforcement provisions of other federal laws are also reserved.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 30aS. law and international treaties international private S. law and international treaties international private international treaties and the provisions of the Federal Act of 18 December 1987 on private international law (PIDA) are reserved.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 291 II. Various rules art. 31 A time / 1. In general a. time limits 1. In general unless otherwise provided by this Act, the rules of the code of civil procedure of December 19, 2008 (CPC) apply to computation and the observation of deadlines.

New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
RS 272 art. 32 A time / 2. Observation 2. Observation...
The time limit is observed when an office of legal proceedings or an incompetent bankruptcy office is entered in due time; This passes the communication without delay to the competent office.

In the case of written communications affected by a repairable defect, the opportunity should be given to repair.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).
New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 33. time / 3. Change and return 3. Change and return is null and void any agreement amending deadlines of this Act.
It is possible to grant a longer period or to extend a time limit when a party to the proceedings live abroad or it is assigned by publication.
A party to the proceedings may waive rely a time limit which has not been observed, if it has been established exclusively in his favor.
Anyone prevented without his fault to act within the time limit may apply to the supervisory authority or the competent judicial authority that it renders him this time. The person concerned must, as of the end of prevention, drop a reasoned request within a period equal to the arrears and perform the omitted Act to the competent authority.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 33aA. filed electronically A. actions filed in electronic form acts may be sent electronically to the offices and the supervisory authorities.
The document containing the Act and the attachment must be certified by the electronic signature of the sender. The federal Council shall determine the terms.
Offices and the supervisory authorities may require that the Act and the attachment are produced in the form of paper documents.

Introduced by the c. II 17 of annex 1 to the CPC on Dec 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 34 B notification / 1. In writing and electronically B. Notification 1. Written and electronic communications, measures and decisions of offices and monitoring authorities are notified by registered letter or receipt otherwise, this Act is prepared unless otherwise.
The notification may be made by electronic means with the consent of the person concerned. The federal Council sets the terms.

New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 35 B notification / 2. By publication 2. By publication publications are inserted in the official Swiss trade journal and in the cantonal sheet. The Swiss insertion in the official journal of trade rule for the speculation of delays and the consequences of the publication.
If the circumstances so require, the publication can also be held in other sheets or by town crier.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 36 C suspensive effect C. suspensive effect the complaint, appeal and the appeal doesn't suspend the decision unless it is so ordered by the authority called to adjudicate or its president. The parties are informed of the suspension immediately.

Art. 37D. Definitions (D) Definitions the term "mortgage" in the meaning of this Act includes mortgages, mortgage notes, real wages in the sense of the old law, land charges, privileges on some buildings and the gage on the accessories of an immovable.
"Furniture pledge" includes the collateral, the commitment of the cattle, the right of retention, the pledge of receivables and other rights.
"Gage" used only includes wages and personal property.

New content according to art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).
New content according to section II 4 of the Federal Act on Dec. 11. 2009 (register mortgage note and real rights), in force since Jan. 1. 2012 (2011 4637 RO; FF 2007 5015).

Second title: of debt collection I. Various modes of prosecution for debts art. 38 a. Objet of the pursuit and modes of pursuit A. purpose of pursuit and modes of pursuit the execution with the object a sum of money or securities to provide is carried out by debt collection.
The pursuit starts with the notification of the order to pay. She continues by way of seizure, realization of gage or bankruptcy.
The Officer determines the mode which must be applied.

Art. 39 B pursuit through the bankruptcy / 1. Scope B. pursuit through the bankruptcy 1. Scope the pursuit continues through bankruptcy, either as "ordinary through the bankruptcy proceedings" (art. 159 to 176), either as "pursuit for currency effects" (art. 177 to 189), where the debtor is registered in the commercial register in one of the following qualities: 1. head of an individual reason (art. 934 and 935 CO); 2. partner in a partnership partnership (art. 554 CO); 3. partner indefinitely responsible in a limited partnership (art. 596 CO); 4. Member of the administration of a limited partnership by shares (art. 765 CO); 5. … 6. society partnership (art. 552 CO); 7. company limited partnership (art. 594 CO); 8. society anonymous or limited by shares (art. 620 and 764 CO); 9. company with limited liability (art. 772 CO); 10. cooperative society (art. 828 CO); 11. Association (art. 60 CC); 12. Foundation (art. 80 CC); 13. investment company with variable capital (art. 36 of the law of 23 June 2006 on the collective investment schemes (CISA);
14 limited partnership for collective investments (art. 98 CISA).


Registration takes then the pursuit mode, the day after the Swiss publication in the official journal of commerce.

RS 220 Abroge by point 3 of the annex to the LF of 16 Dec. 2005 (law of liability company limited; adaptation of the rights of anonymous society, cooperative society, the registry of trade and of the reasons for trade), with effect from Jan 1. 2008 (2007 4791 RO; FF 2002 2949, 2004 3745).
SR 210

Introduced by no II 3 of the annex to the Federal Act of 23 June 2006 on collective investments, in force since Jan. 1. 2007 (RO 2006 5379; FF 2005 5993).
RS 951.31 introduced by no II 3 of the annex to the Federal Act of 23 June 2006 on collective investments, in force since Jan. 1. 2007 (RO 2006 5379; FF 2005 5993).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by art. 15 CH 1 disp. end and trans. little. XXIV to XXXIII CO, with effect from July 1. 1937 (RO 53 185; 1928 I 233, 1932 I 217 FF).
New name according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1). This mod has been taken throughout the text.

Art. 40 B pursuit through the bankruptcy / 2. Duration of the effects of registration in the register of trade 2. Duration of the effects of registration in the commercial register people who were entered in the trade register and who have been removed remain prone to the pursuit by way of bankruptcy during the six months following the publication of their Swiss radiation in the official journal of the trade.
The pursuit continues by way of bankruptcy when, before the expiry of this period, the creditor has required the continuation of the prosecution or the establishment of the order to pay in the case of a prosecution for currency effects.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 41. continued in realization of gage C. realization of pledge action when the pursuit is to a receivable secured by pledge, she continues by the realization of the pledge (art. 151 to 158), even against the debtors subject to the pursuit through the bankruptcy.
When a prosecution by way of seizure or bankruptcy is introduced to a receivable secured by pledge, the debtor may request, through a complaint (art. 17), that the creditor first exercises its right on the object of the pledge.
The pursuit, which is intended to interest or annuity guaranteed by mortgage lien occurred, at the option of the creditor, either by the realization of the pledge, or by way of seizure or bankruptcy, depending on the quality of the debtor. Are reserved for currency effects continued provisions (art. 177, para. 1).

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 42D. continued by way of seizure D. pursuit by way of seizure in all other cases, the prosecution continues by way of seizure (art. 89-150).
When a debtor comes to be registered in the commercial register, requisitions to continue the pursuit brought previously against him not in are not less executed by way of seizure, as long as it has not been declared bankrupt.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 43rd. Exceptions to the pursuit by way of bankruptcy E. Exceptions to the pursuit by way of bankruptcy in all cases, the pursuit by way of bankruptcy is excluded for: 1. the collection of taxes, contributions, fees, rights, fines or other public benefits due to a public fund or a public servant; 1. mandatory accident insurance premiums collection;
2. the recovery of periodic contributions of maintenance and foods from the right family or maintenance payments under the Act of 18 June 2004 on the partnership; 3. the provision of security.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 3 October. 2003, in force since July 1. 2004 (RO 2004 2757; FF 2002 6622 6631).
New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
SR 211.231 art. 44F. Special provisions / 1. Realization of objects confiscated F. subject to special provisions 1. Realization of items confiscated the realization of objects confiscated under the federal or cantonal criminal or tax laws or under the Act of October 1, 2010, on the restitution of illicit assets takes place in accordance with these laws.

New content according to point 2 of the annex to the Federal Act of 1 October. 2010 on the restitution of illicit assets, in effect since Feb. 1. 2011 (2011 275 RO; FF 2010 2995).
RS 196.1 art. 45F. Special provisions / 2. Pawnshop 2. Pawnshop the achievement in pawnshop is governed by art. 910 of the civil code (CC).

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
SR 210 II. Of the Forum of the pursuit of art. 46 A. for ordinary pursuit A. ordinary For the pursuit for the pursuit is at the domicile of the debtor.
The persons and companies registered in the commercial register have continued at their headquarters, legal persons not registered, at the headquarters of their administration.
Because of the debts of a joint that has no representative, each of the joint can be prosecuted in the place where they operate the indivision in common.
The community of owners by floors continued location of the building.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 47 repealed by no I of the Federal Act of 16 Dec. 1994, with effect from Jan 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 48 B Special pursuit fors / 1. The Forum of the place of stay B. Fors special pursuit 1. The place to stay for the debtor who has no fixed address can be sued to the place where he is.

Art. 49 B the pursuit special fors / 2. For pursuit of an estate 2. Pursuit of an estate for too long that sharing had no place, that a contractual ownership has not been made or that an official liquidation has not been ordered, the estate continued at the place where the deceased could be prosecuted himself at the time of his death, and according to the mode that it was applicable.

New content according to art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).

Art. 50 B the pursuit special fors / 3. For pursuit of a debtor domiciled abroad 3. Pursuit of a debtor domiciled abroad for the debtor domiciled abroad who has a place of business in Switzerland can there be sued for the debt of it.
The debtor domiciled abroad, who took up residence in Switzerland for the performance of an obligation, may there be prosecuted for this debt.

Art. 51 B the pursuit special fors / 4. For the location of the 4 thing. For the location of the thing when the claim is secured by a pledge furniture, the prosecution can take place at the place determined by the art. 46 to 50 or to the place where the pledge or the part of the pledge which has the greatest value.
When the debt is secured by mortgage, pursuit takes place instead of the situation of the building, if it relates to several buildings in different districts, to the place where the part of the buildings which has the greatest value.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 52 B the pursuit special fors / 5. For the receiver 5. The receiver for the pursuit after receiver can operate to the location of the sequestered object; However, the communication and the requisition of bankruptcy may be notified only to the regular forum.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 53 C the pursuit in case of change of address for C. For continuity in the event of change of address if the debtor changes home after the notice of seizure, after the communication of bankruptcy or after notification of the command to pay for currency effects, the pursuit continues at the same address.

Art. 54 D. For the bankruptcy of the debtor on the run D. For the bankruptcy of the debtor on the run the bankruptcy of a debtor on the run is declared instead of his last domicile.

Art. 55 E. principle of unity of the bankruptcy E. principle of unity of the bankruptcy bankruptcy can be opened at the same time in several places in the Switzerland. It is deemed open here where it was pronounced in the first place.

III. prohibited time, holidays and suspension art. 56 A principles A. principles except in case of receivership or urgent interim measures, it cannot be carried out any act of pursuit: 1. in the time prohibited, namely between 20 and 7 hours, so than Sundays and legal holidays; 2 days. during the holidays, namely seven days before and seven days after the holidays of Easter and Christmas, as well as from July 15 to July 31; There are no holidays in the case of prosecution for currency effects; 3. When the debtor is in the benefit of the suspension (art. 57 to 62).


New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 57 B suspension / 1. In the case of military service, civil service or civil protection / a. length B. Suspension 1. In the case of military service, civil service or protection civil a. duration directed pursuit against a debtor to military service, civil service or civil protection is suspended for the duration of that service.
Where the debtor has completed without noticeable interruption at least thirty days of service prior to his dismissal or his entry on leave, the prosecution remains suspended following the dismissal or entry on leave two weeks.
For periodic contributions maintenance or food arising from the family law, the debtor can be continued even during the suspension.
Debtors who under a working relationship with the Confederation or a canton, perform military service, civil service or civil protection lack of the suspension.

New content according to art. the LF 2 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
New expression according to section 4 of the annex to the Federal Act of 6 October. 1995 on the civil service, in effect since Oct. 1. 1996 (RO 1996 1445; FF 1994 III 1597). This mod has been taken throughout the text.
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 57aB. Suspension / 1. In the case of military service, civil service or civil protection / b. information duties on the part of third b. duties of information from third parties when an act of prosecution can not be accomplished to the fact that the debtor is military service, civil service or civil protection, the adults forming part of his household and, in the case of notification of the Act in an industrial or commercial establishment , workers and, if it is necessary, the employer are bound under penalty of criminal prosecution (art. 324, ch. 5, CP) to tell the officer the debtor service address and year of birth.
The attendant attracts the attention of the persons concerned on their homework and the penal consequences of their failure.
Competent command advised the office of the proceedings, if it is required, when the debtor will be fired or put on leave.


Introduced by art. the LF 2 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201). See also the note to the art. 57 RS 311.0 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no I of the Federal Act of 16 Dec. 1994 with effect from Jan 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 57bB. Suspension / 1. In case of military service, civil service or civil protection / c. guarantee of the mortgage lien c. guarantee of the mortgage lien the guarantee of the real estate collateral for interest (art. 818, al. 1, c. 3, CC) is extended by the duration of the stay of proceedings towards all debtor benefiting from the suspension due to the military service, civil service or civil protection.
In pursuit in realization of collateral, the order to pay must be notified also during the suspension as long as it lasted three months.

Introduced by art. the LF 2 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201). See also the note to the art. 57 RS 210 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 57cB. Suspension / 1. In the case of military service, civil service or civil protection / d. inventory d. inventory if the debtor benefits from the suspension due to military service, civil service or civil protection, the creditor can ask the office of the prosecution of an inventory having, for the duration of the suspension, the effects provided by art. 164. the creditor must, however, make it likely that its claim exists and it is compromised by the debtor or third party acts tending to favour some creditors at the expense of others or to disadvantage the creditors.
The inventory is not made if the debtor provides security to the applicant creditor's claim.

Introduced by art. the LF 2 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201). See also the note to the art. 57. new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 57dB. Suspension / 1. In the case of military service, civil service or civil protection / e. dismissal by judge e. Revocation by the judge of the stay of proceedings due to the military service, civil service or civil protection can be revoked with immediate effect by the judge of the release of the opposition, in general or for specific claims, at the request of a creditor who makes it likely : 1. that the debtor has subtracted from assets to the action of its creditors or he makes arrangements to facilitate some creditors over others or disadvantage the creditors, or 2. that the debtor, in the case of a military service, civil service or voluntary civil protection, didn't need of the stay of proceedings to safeguard its material situation, or 3. that the debtor performs a military service, civil service or civil protection voluntary to evade its commitments.

Introduced by art. the LF 2 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201). See also the note to the art. 57. new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 57eB. Suspension / 1. In the case of military service, civil service or civil protection / f. military Service, civil service or civil protection legal representative f. military Service, civil service or civil legal representative protection provisions for the suspension of the prosecution are also applicable to individuals and companies whose legal representative is in the military service, civil service or civil protection, as long as they are not able to appoint another representative.

Introduced by art. the LF 2 Sept. 28. 1949 (1950 57 RO; FF 1948 I 1201). New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 58 B suspension / 2. 2 death. Death the pursuit against a debtor whose spouse or partner registered, the parent or ally in direct line or a person who is living together with him died, was suspended for two weeks from the day of death.

New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).

Art. 59 B suspension / 3. For the debts of the succession 3. For the debts of the estate of debt collection on a succession is suspended for two weeks from the day of death, as well as during time allowed to accept or repudiate the inheritance.
The pursuit began before the death can be continued against the estate in accordance with art. 49. it is continued against the heir if it comes to realization of pledges or if, in a proceeding by way of seizure, the time limits for participation provided for in art. It has 110 and 111.

New content according to art. the LF 2 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
New content according to art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).

Art. 60 B suspension / 4. As a result of imprisonment 4. Following imprisonment when the lawsuit is directed against an inmate who has no representative, the attendant him allows to constitute a. The prosecution remains suspended until the expiry of this period.

New content according to section 12 of the annex to the Federal Act of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since Jan. 1. 2013 (2011 725 RO; FF 2006 6635).

Art. 61 B suspension / 5. In the event of serious illness of the debtor 5. In the event of serious illness of the debtor in the event of serious illness of the debtor, the officer may suspend the pursuit for a time.

Art. 62 B suspension / 6. In case of epidemic or public disaster 6. In case of public calamity in an outbreak or epidemic of public calamity or war, the federal Council, or with his consent, the cantonal government may order the stay of proceedings on a portion of the territory or to the benefit of certain categories of persons.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 63C effects on the course of time.


C. effects on the course of deadlines deadlines do not cease to run for the duration of holidays and suspension of proceedings. However, if the end of a delay at the disposal of the debtor, the creditor or a third party coincides with a day of holidays or the suspension, the deadline is extended until the third day useful. For the calculation of the period of three days, Saturday, Sunday and legal holidays are not counted.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

IV. the notification of acts of prosecution art. 64A. A physical persons. Physical persons debt shall be notified to the debtor in his home or the place where he habitually carries on profession. If it is absent, the Act may be given to an adult of the household or an employee.
When none of the people mentioned cannot be reached, the Act is given to a municipal officer or a police officer, to notify the debtor's dependants.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 65 B. To corporations, companies and estates not shared B. Corporations, companies and estates not shared when the lawsuit is directed against a legal person or a company, debt shall be notified to its representative, namely: 1. to the president of the authority executive, or the Department designated by that authority, in the case of a municipality, a canton or Confederation; 2. to a member of the administration, or Committee, to a Director or to an authorized person if it is a corporation, a company limited partnership by shares, a company with limited liability, a cooperative society or a registered association in the commercial register; 3. to the president of the administration or to the owner, if it someone else moral; 4. one of the managing partners or the authorized person, if it is a general partnership or limited partnership.

When the persons referred to above are not met in their office, the notice may be given to any other officer or employee.
If prosecutions are made against an estate not shared, debt shall be notified to the designated representative of the estate or, if there is no representative known to one of the heirs.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).

Art. 66 C. The debtor domiciled abroad or when notification is impossible C. The debtor domiciled abroad or when notification is impossible when the debtor does not remain in the Forum of the pursuit, acts are back to the person or deposited rather than it may have indicated.
Fault indication, the notification takes place through the home office or by mail.
When the debtor remains abroad, he shall be the notification through the authorities of his residence; the notification may also be held by mail if a treaty so provides or if the consent of the State on the territory of which the notification must be made.
Notification must be made by publication, when: 1. the debtor has no domicile known; 2. the debtor is evading stubbornly notification; 3. the debtor is domiciled abroad and that the notification provided for in para. 3 can be obtained within a reasonable time.



New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no I of the Federal Act of 16 Dec. 1994, with effect from Jan 1. 1997 (RO 1995 1227; FF 1991 III 1).

V. of the requisition of continuation art. 67 a. Réquisition pursuit A. Requisition pursuit pursuit requisition is addressed to the office in writing or verbally. It sets out: 1. the name and domicile of the creditor and, if applicable, of its agent; address in Switzerland, if he lives abroad. Special unless the office is deemed elected; 2 home. the name and domicile of the debtor, and, as appropriate, of his guardian; in the requisition of proceedings against an estate, there is to designate the heirs to whom the notification should be made; 3. the amount in Swiss legal value of the claim or the required collateral; If debt bears interest, the rate and the day which they run; 4. the title and date; in the absence of title, the cause of the obligation.

Requisition made under a receivable secured by pledge shall contain, in addition, the indications provided for in art. 151. a receipt of the requisition of pursuit is free to the creditor who made the request.

New content according to art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).

Art. 68 B fresh pursuit B. costs of the proceedings the enforcement costs are charged to the debtor. The creditor actually advance. The office may delay any operation whose fees have not been advanced; but he must notify the creditor.
The creditor may levy fees on the first payments from the debtor.

VI. Pursuit of the spouses under a regime of community art. 68aA. Notification of debt. A. Notification of acts of continued opposition. Opposition when the lawsuit is directed against a spouse under a Community regime, the command to pay and all other acts of prosecution must be notified as to the debtor's spouse; If it appears during the proceedings that the debtor is placed under a regime of community, the office shall without delay this notification.
Each spouse may raise an objection to the order to pay.


Formerly art. 68. introduced by art. 15 ch. 3 disp. end and trans. little. XXIV to XXXIII CO (RO 53 185; 1928 I 233, 1932 I 217 FF). New content according to section II 3 of the Federal Act of 5 October. 1984 amending the CC, in force since Jan. 1. 1988 (RO 1986 122 153 art. 1;) FF 1979 II 1179).
Repealed by no I of the Federal Act of 16 Dec. 1994 with effect from Jan 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 68bB. provisions special B. Special provisions each spouse may, through the claim procedure (art. 106 to 109), claim that property seized part of the assets of the spouse of the debtor.
When pursuit is only about the own assets of the debtor and its share in common property, each spouse may also, through the claim procedure (art. 106 to 109), oppose the seizure of common goods.
If the prosecution continues on the assets of the debtor and its share in the joint property, the seizure and the realization of this part are governed by art. 132; is for the seizure of income of the future work of the spouse pursued (art. 93).
The share of a spouse to the Commons cannot be sold at auction.
The supervisory authority may request the judge to order the separation of property.

Introduced by no II 3 of the Federal Act of 5 October. 1984 amending the CC, in force since Jan. 1. 1988 (RO 1986 122 153 art. 1;) FF 1979 II 1179).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

VII. Pursuit in case of legal representation or guardianship art. 68c1. minor debtor 1. Minor debtor if the debtor is a minor debt shall be notified to his legal representative. In the case of a curatorship under art. 325 CC, the notification must be made to the trustee and the holders of parental authority, as far as the appointment of the trustee has been communicated to the office of prosecution.
However, if the debt is the result of the exercise of a licensed activity or if it is in relation to the administration of work or income of the property left at the disposal of a minor (art. 321, para. 2, 323, para. 1, and 327b CC), debt shall be notified to the debtor and to his legal representative.

New content according to section 12 of the annex to the Federal Act of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since Jan. 1. 2013 (2011 725 RO; FF 2006 6635).
SR 210 art. 68d2. debtor major subject to a measure of protection of 2 adults. Major debtor subject to a measure of protection of the adult if a trustee or agent for power of Attorney has the competence to manage the assets of a major debtor and the appointment has been communicated to the office of the prosecution, the prosecution acts shall be notified to the trustee or the agent of attorney.
Debt must also be notified to the debtor not limited in the exercise of civil rights.


New content according to section 12 of the annex to the Federal Act of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since Jan. 1. 2013 (2011 725 RO; FF 2006 6635).

Art. 68th 3. Limitation of liability 3. Limitation of liability if the debtor responds that its available property, it is possible to argue in the claim (art. 106 to 109) that a seized property procedure is not part.

VIII.Commandement of pay and opposition art. 69. A Commandement paying / 1. Contents A. command to pay 1. Content upon receipt of the requisition of pursuit, the Agency writes the order to pay.
This Act contains: 1. the indications prescribed for the requisition of prosecution; 2. the summation of pay within 20 days and the amount of the debt, or, when the prosecution has for object security, to provide within this time; 3. the view that the debtor must file opposition within ten days of the notification, if it intends to contest all or part of the debt or the right of the creditor to exercise legal action; 4. the warning that misconduct by the debtor to comply with the command to pay or opposition, the pursuit will take its course.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 70. A Commandement paying / 2. Writing 2. Writing the order to pay shall be double. A copy is for the debtor to the creditor. If the copies do not conform the debtor is faith.
When the co-debtors are pursued simultaneously, an order to pay shall be notified to each of them.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 71. A Commandement paying / 3. Time of notification 3. Time of the notification of the order to pay shall be notified to the debtor on receipt of the requisition of pursuit.
The office which receives several requisitions against the same debtor must notify all the commandments to pay at the same time.
No requisition can be executed before the one who is oldest.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 72. A Commandement paying / 4. Form of notification 4. Form of notification the notification is made by the employee, by an employee of the office or by mail.
Person making the notification shows on each copy the day where it took place and the person to whom the Act was given.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 73 B presentation of the evidence B. Presentation of evidence at the request of the debtor, the creditor is invited to present the means of evidence relating to his claim to the office of the proceedings before the expiry of the opposition period.
If the creditor does not run, the opposition period continues to run. In subsequent litigation, the judge considers however, in the decision on the costs of the proceedings, because the debtor could not take knowledge of the evidence.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 74 C opposition / 1. Time limit and form C. Opposition 1. Time limit and form the continued debtor who hears opposition must, verbally or in writing, declaring immediately that he was given command of pay or the office within ten days of the notification of the order to pay.
The continued debtor contesting that part of the debt must pinpoint the disputed amount, fault what the entire debt is deemed to be challenged.
At the request of the debtor, he given free Act of the opposition.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 75. Opposition / 2. Reasons 2. Reasons it is not necessary to motivate the opposition. Subsequently, one who motivated her however is not limited to the means listed.
The debtor contesting his return to better fortune (arts. 265, 265 (a) must mention it expressly in its opposition, except to be deprived of the right to argue this way.
The provisions on the late opposition (art. 77) and the opposition in the pursuit for currency effects (art. 179, para. 1) are reserved.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 76 C opposition / 3. Communication to the creditor 3. Communication to the creditor opposition is recorded on the copy of the order to pay, for the creditor; If there were no opposition, he also is.
This copy is given to the creditor immediately after the opposition or the expiry of the opposition period.

Art. 77 c. Opposition / 4. Late opposition in case of change of creditor 4. Opposition late in case of change of creditor if the creditor changes during the prosecution process, the continued debtor may oppose until the distribution of funds or the declaration of bankruptcy.
The continued debtor must file opposition before the judge of the Forum of the pursuit by conclusions written and motivated within ten days from the one where he had knowledge of the change of creditor making likely the exceptions applicable in relation to the new creditor.
This opposition the judge may order the suspension of the prosecution; He shall rule on the admissibility of the opposition after hearing the parties.
If the objection is allowed but a seizure has already executed, the officer assigns to the creditor within ten days to open action in recognition of its claim. If the period is not used, the seizure shall lapse.
The Agency shall notify the debtor of any change of creditor.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 78 C opposition / 5. Effects 5. Effects opposition suspends the pursuit.
If the debtor contests that part of the debt, the pursuit can be continued to the recognized amount.

Art. 79D. cancellation of opposition / 1. Through the civil or administrative proceedings D. cancellation of opposition 1. Through the civil or administrative proceedings the creditor pursuit of which it is made is opposition through the civil or administrative proceedings for recognition of his right. He may request the continuation of the prosecution that based on a binding decision which expressly rules out opposition.

New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 80 d. cancellation of opposition / 2. By the final release / a. title of release 2. By release final release title the creditor which is for the benefit of an executory judgment may require the judge the final release of the opposition.
Includes judgements: 1. transactions or recognitions past to justice; 1. the enforceable authentic titles to the senses of the art. 347 to 352 CPC;
2. the decisions of the administrative authorities Swiss; 3. … 4 final decisions regarding the costs of control made by the organs of control under art. 16, al. 1, of the Act of 17 June 2005 on the black.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by the c. II 17 of annex 1 to the CPC on Dec 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
RS 272 new content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).
Introduced by section 3 of the annex to the Federal Act of 17 June 2005 on the black, in force since Jan. 1. 2008 (2007 359 RO; FF 2002 3371).
SR 822.41 art. 81D. cancellation of opposition / 2. By the final release / b. Exceptions b. Exceptions where the prosecution is based on a judgment rendered by a court or an administrative authority Swiss, the judge orders the release final opposition, unless the opponent by title proves that the debt was extinguished or that he got a reprieve, subsequent to the judgment, or that he will prevail the prescription.
Where the prosecution is based on an enforceable deed, the continued debtor may oppose its obligation that objections could prove immediately.
If the judgment was rendered in another State, the opponent can also argue the means provided for by an agreement between that State or, in the absence of such an agreement, provided for in the Federal Act of 18 December 1987 on private international law, unless a Swiss judge has already rendered a decision regarding these means.

New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
SR 291

New content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. D. cancellation of opposition 82 / 3. By provisional release / a. Conditions 3. By provisional release Conditions the creditor which the prosecution is based on a recognition of debt by deed or under private signature may request provisional release.
The judge says if the debtor does not immediately likely release it.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. D. cancellation of opposition 83 / 3. By provisional release / b. effects b. effects when the provisional release has been granted, the creditor may, after payment and depending on the quality of the debtor, request the provisional seizure or ask the judge that conduct inventory in application of art. 162. for its part, the debtor may, within 20 days from the release, Sue to continue for release of debt; the trial is heard in the ordinary form.
If he does not make use of this right, or if it is rejected by his action, the release and, where applicable, the provisional seizure become final.
The period provided for in art. 165, al. 2, does not run between the introduction of debt release action and judgment. The bankruptcy judge however puts an end to the effects of the inventory when the conditions for ordering it no longer met.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 84D. cancellation of opposition / 4. Release procedure 4. Release procedure the pursuit for judge adjudicates applications for release.
Upon receipt of the petition, it gives the debtor an opportunity to respond orally or in writing, and then notifies its decision within five days.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 85th. cancellation or suspension of the proceedings by the judge / 1. Summary E. cancellation or suspension of the proceedings by the judge 1. In summary proceedings the debtor pursued may at any time require from the Court for the cancellation of the pursuit continued, if he proves by title that the debt is extinguished in principal, interest and fees, or the suspension of the prosecution, if he proves by title the creditor gave him a reprieve.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 85aE. cancellation or suspension of the proceedings by the judge / 2. In ordinary or simplified procedure 2. In ordinary or simplified procedure the debtor pursued may act at all times in the Forum of the pursuit to find that debt does not exist, or more, or that a stay was granted.
Where, after entry of cause hearing the parties and reviewing submissions, the judge considers that the application is very likely based, he ordered the temporary suspension of the pursuit: 1 whether a prosecution by way of seizure or realization of collateral, before the realization or, if it has already occurred, before the distribution of money; 2. If it is actionable through the bankruptcy, after notification of the communication of bankruptcy.

If he admits the request, the Court shall order the cancellation or suspension of the prosecution.


Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 86 f. the recovery Action F. the recovery Action that paying an amount that he shouldn't, then prosecution remained without opposition or a judgment pronouncing the release, has the right to repeat it in the year in instituting legal action.
The action is brought in the Forum of the prosecution or the defendant, according to the choice of the applicant.
In derogation from art. 63 of the code of obligations (CO), proof that the amount was not due is the only one that is the responsibility of the applicant.

New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
RS 220 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 87 G. proceedings in achievement of wages and for currency effects G. prosecution in realization of pledges and currency effects in the area of wages, the order to pay is governed by special provisions of art. 151 to 153; the command of pay and opposition in the pursuit for currency effects are governed by the special provisions of art. 178 to 189.

IX. Continuation of the pursuit of art. 88. where the prosecution is not suspended by the opposition or by a judgment, the creditor may request the continuation of the pursuit at the expiry of a period of 20 days from the notification of the command to pay.
This law expire one year from the notification of the order to pay. If opposition has been filed, this period does not run between the introduction of the judicial or administrative proceedings and the final judgment.
A receipt of the requisition to continue the pursuit is free to the creditor who made the request.
At the request of the creditor, a sum in foreign value can be converted back into Swiss legal value on the day of the request to continue the pursuit.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Third title: pursuit by way of seizure I.De seizure art. 89. at execution of the seizure / 1. Time A. Execution of the seizure of 1. Time when the debtor is subject to the pursuit by way of seizure, UNRWA, after receipt of the request to continue the pursuit, shall without delay enter or are carried out by the office of the place where the goods to enter.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 90. Exécution input / 2. 2 notice. Notice the debtor must be notified of seizure the day before at the latest. The notice recalled the provisions of art. 91 art. 91 A execution of the seizure / 3. Duties of the debtor and the third 3. Duties of the debtor and the third the debtor shall, under threat of punishment under the law: 1. to attend the seizure or to be represented (art. 323, ch. 1, CP); 2. to indicate up due competition all goods that belong to him, even those who are not in his possession, as well as its claims and other rights against third parties (art. 163, ch. 1, 323, ch. 2, CC).

If the debtor fails without sufficient excuse to attend the seizure or be represented there, the prosecution office can do bring them by the police.
The requisition of the Commissioner, the debtor is required to open its premises and its furniture. If necessary, the officer may appeal to the public force.
Third parties who hold the assets of the debtor or against whom the debtor has claims have, under threat of the penalties provided by law (art. 324, ch. 5, CP), the same obligation to inform the debtor that.
The authorities have the same obligation to inform the debtor.
The prosecution office expressly draws attention of stakeholders on their obligations as well as on the criminal consequences of their failure.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 311.0 RO 2005 79 art. 92. Exécution input / 4. Exempt property 4. Property exemptions are exempt from seizure:

1. the objects for the personal use of the debtor or his family, such as clothing, personal effects, household, furniture or other objects utensils, as they are essential; 1 a. animals who live in domestic environment and are not kept in a heritage or gain; 2 goal. objects and books of worship; 3. Tools, devices, instruments and books, as they are necessary for the debtor and his family for the exercise of their profession; 4. Alternatively, two dairy cows or heifers, or well four goats or sheep, at the option of the debtor, as well as small domestic animals with fodder and bedding for four months, as these animals are essential to the maintenance of the debtor and his family or to maintain his business; 5. Food and fuel necessary for the debtor and his family for the two months following the seizure, or cash or claims essential to acquire; 6. clothing, equipment, the weapons, the horse and the balance of a person included in the army, the pocket money of a person permanently bound to the civil service as well as clothing, equipment and compensation of a person permanently bound to serve in emergency preparedness; 7. the right to life annuities established under art. 516 to 520 CO; 8. benefits assistance and subsidies allocated by a fund or society in case of sickness, indigence, of death, etc. 9. the pensions, allowances in capital and other benefits allocated to the victim or his relatives for personal injuries, damage health or death of a person, as they constitute compensation as moral reparation, are intended to cover health care costs or acquisition of auxiliary means; 9A. annuities within the meaning of art. 20 of the Federal Act of 20 December 1946 on old-age insurance and survivors, or art. 50 of the Federal Act of 19 June 1959 on disability insurance, benefits within the meaning of art. 12 of the Federal law of 19 March 1965 on supplementary benefits to the old-age insurance, survivors and disability and benefits of compensation for benefits family; 10 funds. the rights to the benefits of foresight and free passage not yet due in respect of a pension professional; 11. property belonging to a foreign State or a foreign Central Bank that are assigned to the tasks as holders of public power;

Are not seizable objects for which it is necessary to admit of straight away that the product of their realization would exceed so little the amount of the fees that their input is not justified. However, they are mentioned with their estimated value in the minutes of seizure.
The objects referred to in para. 1, ch. 1-3, become seizable when they value; they can however be removed to the debtor if the creditor offers the latter, before their removal, replacement objects that have the same value of use, or their purchase money.
Are reserved special provisions on seizure contained in the Federal Act of 2 April 1908 on insurance contract (art. 79, para. 2, and 80 LCA), the Federal Act of 9 October 1992 on copyright (art. 18 LDA) and the penal code (PC) (art. 378, para. 2, CC).

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by section IV of the Federal Act of 4 October. 2002 (animals), in force since April 1, 2003 (RO 2003 463; FF 2002 3885 5418).
New content according to art. the LF 3 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to art. the LF 3 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
New content according to art. the LF 3 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
New content according to Chapter 4 of the annex to the Federal Act of 6 October. 1995 on the civil service, in effect since Oct. 1. 1996 (RO 1996 1445; FF 1994 III 1597).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 220 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 831.10 RS 831.20 [RO 1965 541, 1971 32, 1972 2537 ch. III, 1974 1589 1978 391 ch. II. 2, 1985 2017, 1986-699, 1996 2466 annex ch. 4, 1997 2952, 2000 2687, 2002 701 ch. I 6 3371 Annex 9 3453 ch., 2003 3837 annex c. 4, 2006 979 art. 2 No. 8, 2007 5259 ch. IV.] RO 2007 6055 art. [35]. currently: in the sense of art. 20 of the Federal Act of 6 October. Further AHV benefits 2006 and to have it (RS 831.30).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by art. the LF 3 Sept. 28. 1949 (1950 57 RO; FF 1948 I 1201). New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
SR 221.229.1 SR 231.1 RS 311.0. Currently: art. 83 al. 2. introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 93 A execution of the seizure / 5. Relatively seizable income 5. Relatively seizable income all income from work, the usufruct and their products, annuities, as well as contributions from maintenance, pensions and benefits of all kinds which are intended to cover loss of earnings or claim arising from the right to maintenance, especially annuities and allowances in capital that are not exempt from seizure under art. 92, may be seized, less that the officer considers necessary to the debtor and his family.
This income can be entered for one year at most from the execution of the seizure. If several creditors participate in the seizure, the period runs from the day of enforcement of the first seizure at the request of a creditor of the series in question (arts. 110 and 111).
If, during this period, the Board has knowledge of a decisive change for the amount of the seizure, it fits the size of the seizure to the new circumstances.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 94. A Exécution entry / 6. Seizure of crops pending 6. Seized pending crops pending crops cannot be seized, namely: 1. on the meadows, before April 1; 2. on the field, before June 1; 3. in the vineyards, before August 20.

Alienation made by the debtor before or at the same times is not opposable to the distrainor.
Are reserved the rights of creditors secured by a mortgage on pending crops as part of the encumbered property, provided however that the creditor has itself required continued in fulfilment of his pledge before seized crops have been carried out.

New content according to art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).

Art. 95. A Exécution entry / 7. The seizure order / has. In general 7. The seizure order does. In general the seizure is primarily on movable property, including receivables and relatively understandable rights (art. 93); current value objects must be entered first, those which the debtor can happen more easily, instead of those which it could hardly afford.
Buildings are seized only if there is no property sufficient to cover the debt.
Before finally hit receiver property, those designated by the debtor as belonging to third parties, and those third parties claim.
The debtor whose seized forages may require that we grasp at the same time the corresponding number of cattle parts.
The officer may deviate from this order in the circumstances or that the creditor and the debtor request jointly.
In general, the official conducting the seizure must reconcile as much as possible the interests of the creditor and the debtor.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 95aA. the seizure / 7. The seizure order / b. claims against the spouse or registered partner (b) claims against the spouse or registered partner claims of one spouse against spouse or registered partner are not entered in case of insufficiency of the property of the pursued.


Introduced by no II 3 of the Federal Act of 5 October. 1984 amending the CC (RO 1986 122; FF 1979 II 1179). New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 2005 5685 RO; FF 2003-1192).

Art. 96 B effects of capture B. effects of the seizure the debtor, under threat of penalties provided by law (art. 169 CP), to dispose of the property seized without the permission of the officer is prohibited. The official who shall enter expressly draw his attention to the ban as well as on the criminal consequences of its violation.
Subject to the effects of the possession acquired by third parties in good faith, acts of disposition by the debtor are zero inasmuch as they injure the rights conferred by the entry to the creditors.

RS 311.0 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).

Art. 97 C estimate. C. estimated entry range. Scope of the seizure the officer made the estimation of objects which he seized. It can enlist experts.
He seized that the goods required to satisfy the creditors striking in principal, interest and fees.

Art. D. security measures 98 / 1. For movable D. safety measures 1. For property when entry gate on cash, bank notes, bearer securities, effects of Exchange or other securities transferable by endorsement, objects of precious metals or other valuables price, the office takes them into custody.
The other movable property may be left temporarily in the hands of the debtor or the third holder responsibility to represent them at any time.
However these objects are also placed in the custody of the office or a third party, if the officer deems this appropriate measure or if the creditor makes it likely that it is necessary to ensure the rights established in his favour by the seizure.
The Board can also take into its custody the objects which one-third was pledged as a pledge; It restores them if production does not take place.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of April 3, 1924, in force since Jan. 1. 1925 (RO 40 379; FF 1921 I 579).

Art. D. security measures 99 / 2. For receivables 2. For claims when the entry door on a debt or other right not found by a title bearer or transferable by endorsement, the officer warns the third party debtor that now he will be able to carry out only in the hands of the Agency.

Art. D. security measures 100 / 3. For other rights. 3 debt collection. For other rights. Debt collection agency appeals to the conservation of the seized rights and collection of overdue receivables.

Art. 101D. security measures / 4. For buildings / a. Annotation in the land register 4. For properties a. Annotation in the land register entry of a building results in a restriction of the right to alienate. The office will communicate without delay the entry in the land register for annotation and with indication of the date and the amount for which the seizure occurred. Communication is done also when new creditors participate in the seizure and seizure has ended.
The annotation will be cancelled if the achievement is not required in the two years following the seizure.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 102d security measures. / 4. For buildings / b. fruit and products b. fruit and products entering a building includes fruits and other products, without prejudice to the rights secured by a mortgage lien creditors.
The office will communicate the seizure to secured by mortgage lien creditors and, if necessary, to the tenants and farmers.
He provides the management and operation of the building.

New content according to art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. D. security measures 103 / 4. For buildings / c. c. harvest of fruit harvest UNRWA provides for harvesting fruit (arts. 94 and 102).
If the debtor is without resources, he is picked which is necessary to its maintenance and that of his family.

Art. D. security measures 104 / 5. For common goods 5. The Commons when door entry on a usufruct or a part in an undivided estate, society or community, the Agency gives notice of seizure to interested third parties.

Art. 105 d. security measures / 6. Costs of conservation of the property seized 6. Costs of conservation of the property seized the creditor which is required is required to advance the costs of conservation of the property seized.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 106th. third-party claims (claim) / 1. Reference and communication (E) third-party claims (claim) 1. Reference and communication when it is claimed that a third has a property right on the seized property, pledge or another right that opposes the seizure or which must be taken into account in the continuation of the enforcement proceedings, the prosecution office said the claim of the third party in the minutes of seizure or shall inform the parties if the release of the record has already taken place.
The third party may announce its claim as long as the proceeds of realization of the seized property is not distributed.
After completion, the third party may make the claims outside the procedure for prosecution, based on the civil law in the event of theft, loss or divestiture acquisition of bad faith or something right (art. 934 and 935 CC) (arts. 936, 974, para. 3, CC). The sale of over-the-counter made in accordance with art. 130 of this Act is considered to be a sale by public auction within the meaning of art. 934, al. 2, CC.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
SR 210 art. 107th. third-party claims (claim) / 2. Subsequent procedure / has. In the case of exclusive possession of the debtor 2. Subsequent procedure has. If exclusive possession of the debtor the debtor and the creditor may dispute the claim of the third party before the office of the prosecution when the purpose is to: 1. a property which is in the exclusive possession of the debtor; 2. a debt or other right, and the claim of the debtor seems better founded than the third; 3. a building and that the claim does not result from the land registry.

The office of the prosecution assigns them within ten days for this purpose.
At the request of the debtor or the creditor, the third is invited to present its evidence to the office of the proceedings before the expiry of the opposition period. Art. 73, al. 2, shall apply by analogy.
If the claim is not disputed, it is deemed admitted in the lawsuit.
If the claim is disputed, prosecution office assigns 20 days to third to open action in recognition of his right against those who dispute this. If the third party does not open action, his claim is not taken into consideration in the pursuit in question.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 108th. third-party claims (claim) / 2. Subsequent procedure / b. In the case of possession or copossession of party b. In the case of possession or copossession of the third party the creditor and the debtor can open action against the third party in protest of his claim when it is intended: 1. a property who is in possession or copossession of the third party; 2. a debt or other right, and the claim of the third party seems better founded than the debtor; 3. a building and that the claim of the third party results from the land registry.

The office of the prosecution assigns them 20 days to that effect.
If no action is brought, the claim is deemed to be admitted in the lawsuit.
At the request of the creditor or debtor, a third is invited to present its evidence to the office of the proceedings before the expiry of the period to open action. Art. 73, al. 2, shall apply by analogy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 109th. third-party claims (claim) / 2. Subsequent procedure / c. For c. For are brought to the Court of the pursuit: 1. actions based on art. 107, al. 5; 2. the action based on art. 108, al. 1, when the defendant is domiciled abroad.

When the action based on art. 108, al. 1, is directed against a defendant domiciled in Switzerland, she is brought to the home of the latter.
The Forum of action regarding the rights to a building is, in any case, location of the building or the part of the building that has the highest value.
The judge shall notify the office of the prosecution of the introduction of the action and the final judgment. …

As concerns the disputed objects, the prosecution is suspended until the final judgment and deadlines for enforcement (art. 116) do not run.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Sentence repealed by section II 17 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 110F. Participation entry / 1. In general f. Participation in entry 1. Generally creditors who require the continuation of the prosecution within 30 days from the delivery of the first seizure are involved in it. The office complete as and extent of requisitions, as far as this is necessary to pay all creditors of the same series.
Creditors who require the continuation of the prosecution after the 30 days form the same way in successive series, for which he shall be new seizures.
The seized items may be included in a new seizure insofar as their product will not be used to pay creditors of the previous series.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 111F. Participation entry / 2. Privileged participation 2. Privileged participation have the right to participate in the seizure without prior lawsuit and during a period of 40 days from the execution of the seizure: 1. the spouse or registered partner of the debtor; 2. children of the debtor because of their claims as a result of parental authority and people major because of their claims a mandate for cause of incapacity (art. 360 to 369 CC); 3. adult children and grandchildren of the debtor because of their claims based on the art. 334 and 334 CC; 4. the beneficiary of a maintenance contract lifetime due to its claim based on art. 529 CO.

However, the persons mentioned in para. 1, Nos. 1 and 2, cannot exercise their right if the seizure has been executed during the duration of the marriage, registered partnership, parental authority, the mandate for cause of incapacity, or in the year that followed the end of these reports; the duration of a trial or of a lawsuit does not come into consideration. Protection of the child and the adult authority may also participate in the seizure on behalf of children or of a person subject to a measure of the protection of the adult.
If the office of the prosecution knows people with the right to participate in the seizure, he informed thereof by simple fold.
The prosecution office door applications for participation in the knowledge of the debtor and creditors; It assigns them ten days to form opposition.
If there is opposition, the participant is admitted on a provisional basis, and he must bring his action within 20 days to the Court of the continuation, under pain of exclusion. ….

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
New content according to section 12 of the annex to the Federal Act of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since Jan. 1. 2013 (2011 725 RO; FF 2006 6635).
SR 210 SR 210 RS 220 new content according to section 12 of the annex to the Federal Act of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since Jan. 1. 2013 (2011 725 RO; FF 2006 6635).
Sentence repealed by section II 17 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 112 G. minutes of seizure / 1. Writing G. minutes of seizure 1. Writing it is a record made of seizure. The minutes shall be signed by the officer or employee who conducts the transaction; It sets out the names of the creditor and of the debtor, the amount of the claim, the day and time of the seizure, seized assets and their estimated value, and the claims of third parties.
If the seized items are hit receiver, the right of participation of the sequestrant (art. 281) is recorded in the minutes.
If the seizable assets are inadequate or entirely lacking, it is.

Art. 113 g. minutes of seizure / 2. 2 additions. The participation of new creditors and complements of entry additions are recorded at the end of the minutes.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 114 g. minutes of seizure / 3. Notification to the creditors and the debtor 3. Notification to the creditors and the debtor has the expiration of the deadline of 30 days, the prosecution office shall notify without delay a copy of the minutes to the creditors and the debtor.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 115 G. minutes of seizure / 4. Report of seizure worth as Act of default of property 4. Report of seizure worth as Act of default of property if there is no seizable assets, the minutes of seizure is considered an act of default of property in the sense of art. 149. He takes the place of Act of default of property interim and gives the creditor the rights mentioned in art. 271, c. 5, and 285, when the seizable assets are insufficient according to the estimate.
The Act of default of provisional property also gives the creditor the right to demand in the period of one year provided for in art. 88, al. 2, the seizure of newly discovered property. The provisions on participation (arts. 110 and 111) shall apply.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

II. implementation art. 116 A requisition to realize / 1. Period A. Requisition to realize 1. Period the creditor may require the realization of property seized at the earliest one month and one year at the latest after the seizure, in the case of movable property, including receivables and other rights; He can do no earlier than six months and no later than two years after the seizure, in the case of buildings.
When the future salary has been entered and that the employer did not at maturity amounts seized, the realization of the right to these amounts may be required within 15 months following the seizure.
When the participation of several creditors resulted in additional entry deadlines run from the last add-in entry successful.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 117 a. Réquisition to / 2. Quality to require 2. Quality for each creditor may require the achievement for the series of which it is part.
Creditors may even require the realization of goods which they have grasped that the added value (art. 110, para. 3).

New name according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1). This mod has been taken throughout the text.

Art. 118. Réquisition realize / 3. In the case of provisional seizure 3. Provisional seizure the creditor whose entry is only provisional may require the realization. Art times. 116 do not run against him.

Art. 119 A requisition to / 4. Effects 4. Effects the realization takes place in accordance with the art. 122-143 a.
She is suspended as soon as the product reaches the amount of receivables for which entry is temporary or permanent. Art. 144, al. 5, is reserved.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 120. Réquisition realize / 5. Notice to the debtor 5. Notice to the debtor of the debt collection office informs the debtor of the requisition of achievement within three days.

New name according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1). This mod has been taken throughout the text.

Art. 121. Réquisition to / 6. The 6 pursuit extinction. Extinction of the pursuit, the pursuit falls if the requisition has not made within the legal deadline or if, withdrawn, it has not been renewed within this period.

Art. 122 B realization of furniture and receivables / 1. Deadlines / has. In general b. realization of furniture and claims 1. Time has. In general the movable property, including receivables, are made by the debt collection office ten days as soon as possible and no later than two months from the receipt of the requisition.
Pending crops cannot be carried out before maturity without the consent of the debtor.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 123 B realization of furniture and receivables / 1. Deadlines / b. production b. stay suspended the realization if the debtor makes it likely that it can pay its debt by instalments, and if he undertakes to pay to the office of the prosecution of appropriate and regular payments, the officer may return the realization of 12 months at most, once the first payment.

In proceedings required due receivables colloquées first class (art. 219, al. 4), may be removed from six months at most.
The officer fixed the amount of the instalment and the date of payments; in doing so, it takes account of both the situation of the debtor from the creditor.
The stay is extended, where appropriate, of the duration of the stay of proceedings. Payments and maturity are then fixed again at the end of the suspension.
The attendant changes its decision to office, or at the request of the creditor or debtor, insofar as circumstances require. The sentence is null and void as of right when a deposit is not paid on time.

New content according to art. the LF 5 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 124 B realization of furniture and receivables / 1. Deadlines / c. early completion c. early realization at the request of the debtor, may take place even before the creditor is entitled to her request.
The officer may at any time proceed to achieve objects from a fast, expensive to maintain depreciation or the filing costs disproportionate.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 125 B realization of furniture and receivables / 2. Auction / a. Preparatory measures 2. Auction a. Preparatory measures is made by public auction. It is preceded by a publication indicating the place, day and time.
Advertising to give notice and mode, the place and the day of the auction, are determined by the officer in the manner that it considers the most favorable for those interested. The insertion in the official journal is not mandatory.
If the debtor, the creditor and third parties have in Switzerland a known residence or a representative, the office of public prosecutions informed at least three days in advance, by simple fold of the place, day and hour of the auction.

New name according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1). This mod has been taken throughout the text.
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 126 B realization of furniture and receivables / 2. Auction / b. award. Principle of sufficient supply b. award. Principle of the object to achieve sufficient supply is awarded after three auctions to the highest bidder, provided that the offer is greater than the sum loans secured by pledge preferable to that of the Prosecutor.
If there is no sufficient supply, the pursuit ceases as the purpose to realize.

New content according to art. 6 of the Federal Act on Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).

Art. 127 B realization of furniture and receivables / 2. Auction / c. waiver to achieve c. waiver to the realization if it appears to at the outset that an auction would not be possible according to art. 126, the officer may, at the request of the Prosecutor, renounce the achievement and establish an act of default of property.

New content according to art. 6 of the Federal Act on Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).

Art. 128 B realization of furniture and receivables / 2. Auction / d. objects in metals precious d. objects in precious metals precious metal objects cannot be awarded at a price lower than the value of the metal.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 129 B realization of furniture and receivables / 2. Auction / e. method of payment and consequences of default e. method of payment and consequences of default payment must be made immediately after the auction. However, the prosecution officer may grant a term of 20 days at most. The collection takes place when the prosecution office can dispose of the amount of irrevocably.
Payment can be made in cash up to 100,000 francs. If the price is higher, the payment of the excess amount must be made through a financial intermediary within the meaning of the law of 10 October 1997 on money laundering. The prosecution officer determines the mode of payment.
If payment is not made within the time limit, the office shall order a new auction to which art. 126 is applicable.
The previous contractor and his sureties are required to charge on the price of the first auction, as well as any other damage. The loss of interest is calculated at the rate of 5%.

New content according to section I-3 of the Federal Act of 12 Dec. 2014 on the implementation of the recommendations of the financial action task force, revised in 2012, in force since Jan. 1. 2016 (2015 1389 RO; FF 2014 585).
SR 955.0 new content according to section I-3 of the Federal Act of 12 Dec. 2014 on the implementation of the recommendations of the financial action task force, revised in 2012, in force since Jan. 1. 2016 (2015 1389 RO; FF 2014 585).
New content according to art. the LF 7 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).

Art. 130 B realization of furniture and receivables / 3. Sale of OTC 3. Sale of OTC sales can take place by mutual agreement in place and place bids: 1. when all interested parties thereto expressly; 2. When it comes of value or any other object side to the market or the stock market, for which we offer a price equivalent during the day; 3. When it comes to objects in precious metals which, having been auctioned, have not reached the value of the metal and for which this price is available; 4. in the case provided for in art. 124, al. 2. new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 131 B realization of furniture and receivables / 4. Assignment of receivables 4. Assignment of receivables if all execution creditors request it, the claims of the debtor not listed on the stock exchange or market they are given as payment, or one of them on their behalf, to the nominal value. In this case, the creditors are subrogated to the rights of the debtor to the extent of their claims.
If all execution creditors agree, all or some of them may, without prejudice to their rights against the debtor pursued, assert claims entered on their behalf, on their own account and at their own risk. They must be authorized by the office of the prosecution. In this case, the sum they get will be used to cover their own claims and costs. The balance is returned to the office of the prosecution.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 132 B realization of furniture and receivables / 5. Realization special procedures 5. Special procedures to achieve when it comes to unspecified goods to previous articles, such as usufruct, a share in an undivided estate, in a joint family, in a company or in another community, the officer ask the supervisory authority to set the mode of realization.
The same rule applies for the realization of inventions, variety protection titles, drawings and industrial models, factory and trade and copyright marks.
After consulting with stakeholders, the authority may order the sale at auction, entrust to a Manager or take any other action.

New content according to art. the LF 8 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
New content according to art. 52 No 1 of the Federal Act of 20 March 1975 on the protection of new varieties of plants, in force since June 1, 1977 (RO 1977 862; FF 1974 I 1409).

Art. 132aB. realization of furniture and receivables / 6. Challenge to achieve 6. Challenge to the realization the realization can be attacked through a complaint against the auction or the deed of sale by mutual agreement.
The complaint period referred to in art. 17, al. 2, short as soon as the complainant had knowledge of the Act attacked and could know the reason for the protest.
The right of complaint turns off one year after completion.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 133C. realization of buildings / 1. C. realization of buildings 1 time. Period buildings are carried out by the office of the proceedings by public auction a month at the earliest three months at the latest from the receipt of the requisition to.

At the request of the debtor, and with the agreement of all secured creditors and striking, the realization can take place even until a creditor is entitled to her request.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 134 C realization of buildings / 2. Terms of auction / a. Depot 2. Auction conditions a. filing the prosecution office shall determine the requirements of the auction according to use of the places and the most advantageous way.
The conditions remain filed at least ten days prior to the auction at the bureau of the office, where everyone can learn.

Art. 135 C realization of buildings / 2. Terms of auction / b. content b. content conditions of auction must indicate that the buildings are awarded with all encumbrances them (easements, land charges, mortgage, annotated personal rights) and the personal obligations of the debtor will be delegated to the purchaser. The debtor for a debt thus delegated is however released, in the case of mortgage and mortgage note, if the creditor does not declare him in the year to the date of the award it will not renounce its rights against him (art. 832 CC). The payable debts secured by mortgage lien are not delegated, but paid by preference on the proceeds of realization.
Conditions indicate the costs borne by the successful tenderer.

SR 210 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 136C. realization of buildings / 2. Terms of auction / c. method of payment (c) method of payment the prosecution officer sets the mode of payment in the conditions of auction; He may grant a term of six months at most.
Payment can be made in cash up to 100,000 francs. If the price is higher, the payment of the excess amount must be made through a financial intermediary within the meaning of the law of 10 October 1997 on money laundering.

New content according to section I-3 of the Federal Act of 12 Dec. 2014 on the implementation of the recommendations of the financial action task force, revised in 2012, in force since Jan. 1. 2016 (2015 1389 RO; FF 2014 585).
SR 955.0 art. 137C. realization of buildings / 2. Terms of auction / d. term for payment (d) term for payment where a term has been granted for payment, the building is managed by the office of prosecution, the costs as well as the risks and perils of the purchaser until payment of the auction price. In the meantime, no registration can be made in the land register without obtaining leave of the Agency. This may require the special security for the auction price.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 138 C realization of buildings / 3. Auction / a. Publication. Production of rights 3. Auction a. Publication. Production of auctioning rights are published at least one month in advance.
The publication is: 1. the indication of the place, day and hour of the auction; 2. the indication of the date from which the conditions of the auction will be deposited; 3. the summons to creditors pledges and others interested to produce at the prosecution office, within the time limit of 20 days, their rights on the property, including claims for interest and fees. Warning will be given, after this time, they will be excluded from the distribution, provided that their rights are not registered in the land register.

This summation also caters to those who have rights of easement, if there is reason to apply the cantonal legislation.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).

Art. 139C. realization of buildings / 3. Auction / b. notice to stakeholders b. notice to interested parties the prosecution office communicates, by simple registered, a copy of the publication to the creditor, the debtor, to the third-party owner of the building and any interested person entered in the land register, if they have a known residence or a representative.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 140 c. realization of buildings / 3. Auction / c. treatment of the statement of expenses. Estimate c. treatment of the statement of expenses. Estimate front to auction, the officer lists the status of charges that strain the buildings (easements, land charges, mortgage, annotated personal rights) based on the productions of rights holders and the extracts from the land register.
The attendant communicates this State to those concerned, by assigning a delay of ten days to form opposition. The art. 106 to 109 shall apply.
The officer conducts, in addition, an estimate of the building and shall report the findings to stakeholders.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 141 c. realization of buildings / 3. Auction / d. stay auction d. stay at auction when a right registered charges is contentious, is given the auction until the resolution of the dispute, if you can admit that it has an impact on the amount of the auction price or auction cropping other legitimate interests, if they were practised until the dispute is settled.
When only one is contentious as accessory or the question of if an accessory only serves to pledge some creditors were excluding others, auction of the building and the accessory can take place until the dispute is settled.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 142C. realization of buildings / 3. Auction / e. e. Double bounty Double price when a building has been burdened an easement, a land charge or a personal right annotated without the consent of a pledgee of previous row and that the previous pledge law rank results from the statement of expenses, the pledgee may request, within 10 days from the notification of the State charges the building is being auctioned with or without load.
If the previous row of the right of pledge does not result from the statement of the charges, he is given the request of double starting price when the holder of a right has recognized the rank prior or the pledgee opened action in finding the rank prior to the Court of the location of the building within ten days from the notification of the State charges.
If the price offered for the property being auctioned with the load is not enough to satisfy the creditor, the latter may require radiation of the load in the land register as the building thus degreve becomes feasible at a higher price. The surplus, once the creditor has been disinterested, is intended in the first place to satisfy the right up to the value of the load.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 142aC. realization of buildings / 4. Auction. Principle of sufficient supply. Waiver of delivery 4. Auction. Principle of sufficient supply. Waiver of implementing provisions to the award and the principle of sufficient supply (art. 126) as well as the waiver of delivery (art. 127) are applicable.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 143 C realization of buildings / 5. Consequences of default 5. Consequences of default if payment is not made within the time limit, the award is revoked and the prosecution office ordered immediately new auctions. Art. 126 is applicable.
The previous contractor and his sureties are required to the capital loss on the price of the first auction as well as any other damage. The loss of interest is calculated at the rate of 5%.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 143aC. realization of buildings / 6. Additional provisions 6. Additional provisions art. 123 and 132 has apply in addition to the realization of buildings.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 143bC. realization of buildings / 7. Sale of OTC 7. Sale of OTC in place and place of the auction sale can take place by mutual agreement when all concerned agree and that the price offered is at least that of the estimate.
The sale may take place only after the purification of the statement of the charges within the meaning of art. 138, al. 2, no. 3 and al. 3, and art. 140, as well as in application, by analogy, of art. 135 to 137.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 144. Distribution of funds / 1. Moment. How to proceed D. Distribution of funds 1. Moment. How to proceed

The distribution of funds takes place as soon as all the property included in a seizure are carried out.
Interim distributions may be made at any time.
The realization proceeds are used first place to cover the costs of administration, production, distribution and, the applicable, for the acquisition of a replacement object (art. 92, para. 3).
The net product is distributed to creditors to the extent of their claims, interests until the latest achievement and costs of prosecution (art. 68) understood.
Dividends interim seizure are filed until further notice to the Fund of deposits and consignments.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 145D. Distribution of funds / 2. Supplementary seizure 2. Supplementary seizure when the proceeds of realization is not enough to pay creditors, prosecution office immediately performs a supplementary seizure and realizes the seized property as quickly as possible. An another requisition of a creditor is not necessary and the Agency is not required to meet regular deadlines.
If the prosecution office has in the meantime another seizure, so acquired rights are not affected by the additional entry.
The provisions on participation (arts. 110 and 111) shall apply.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 146D. Distribution of funds / 3. Scheme of collocation and switchboard / a. ranking of creditors 3. Scheme of collocation and switchboard a. ranking of creditors when the proceeds of realization is not enough to pay all creditors, the debt collection office draws up a scheme of collocation and a distribution table.
Creditors are admitted to the rank to which they are entitled in case of bankruptcy in accordance with art. 219. the date which makes rule, in place of that of the declaration of bankruptcy, is the request to continue the pursuit.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 147D. Distribution of funds / 3. Scheme of collocation and switchboard / b. deposit (b) deposit the scheme of collocation and switchboard are filed with the office of the prosecution office. It shall inform the interested parties and shall notify each creditor an excerpt about his claim.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 148. D Distribution of funds / 3. Scheme of collocation and switchboard / c. Action contesting c. Action contesting the creditor who intends to contest the claim or the rank of another creditor must, within 20 days from the receipt of the extract, open against an action contesting the scheme of collocation. the action is brought to the Court of the pursuit.

When the action is admitted, the dividend relating to the claim of the defendant according to the switchboard is vested in the applicant, to the extent necessary to cover his loss and trial costs. Any balance is delivered to the defendant.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 149 D. Distribution of funds / 4. Act of default of goods / a. grant and effects 4. Act of default of goods a. grant and effects the creditor who participated in the seizure and was not entirely selfless receives an act of default of property for the outstanding amount. The debtor receives a copy of the default property.
The prosecution office delivers the Act of default of goods as soon as the amount of the loss is established.
This Act is considered acknowledgment of debt in the sense of art. 82 and confers the rights mentioned in art. 271, c. 5, and 285.
The creditor is exempt from the order to pay, if he continues the pursuit within six months of the receipt of the defect of goods Act.
He cannot claim the debtor of interests for the Act of default of property debt. The bonds, coobliges or other guarantors who have had to pay since May to demand repayment.


New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no I of the Federal Act of 16 Dec. 1994 with effect from Jan 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 149aD. Distribution of funds / 4. Act of default of goods / b. Prescription and radiation b. Prescription and write-off the debt by an act of default of property is prescribed by 20 years from the issuance of the defect of goods Act; against the heirs of the debtor, it is prescribed by one year from the opening of the succession.
The debtor may at any time discharge the debt by paying prosecutions that issued the Act of default of property in the hands of the Agency. The office shall forward the amount to the creditor or, where applicable, the records of deposits and consignments Fund.
After payment of the entire debt, registration of the notice of defect of goods is removed from the register. It is acknowledged that radiation to the debtor requesting.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 150 d. Distribution of funds / 5. Return of the 5 debt. Return of the debt entirely selfless creditor is required to submit its title paid at the office of the proceedings for the debtor.
The creditor selfless partially retains his title; However the office there attests, or is signed by the competent authority, the sum for which the title remains valid.
The prosecution office provides to the radiation and changes of easements, land charges, hired real estate and rights personal annotated in the land register.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Fourth title: the realization of the pledge Art. lawsuit 151 A requisition of Chase A. pursuit Requisition the requisition of prosecution made under a receivable secured by pledge (art. 37) must state, in addition to the indications prescribed in art. 67, the object of the pledge. Moreover, the requisition mentioned: a. If necessary, the name of the party that has been the pledge or became owner; (b) where appropriate, the fact that the property encumbered by a pledge is housing of the family (art. 169 CC) or the common housing (art. 14 of the Act of 18 June 2004 on the partnership) of the debtor or the third party.

The creditor requiring a lawsuit in fulfilment of a pledge furniture on which a third party has a right to subsequent pledge (art. 886 CC) must inform the latter of the requisition of pursuit.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
SR 210 SR 211.231 art. 152 B command to pay / 1. Content. Notice to tenants and farmers B. command to pay 1. Content. Notice to tenants and farmers on receipt of the requisition of pursuit, prosecution office writes the order to pay pursuant to art. 69 except for the following changes: 1. the payment deadline is one month, if it a pledge furniture; six months in the case of a pledge property; 2. the warning is that the pledge will be achieved if the debtor disobeys the order to pay or does not form opposition.

In the case of a leased or rented building and if the pledgee pursuing requires that the pledge include rents and rent (art. 806 CC), prosecution office notifies the Chase tenants and farmers and invites them to pay in his hands the rents and rent which will expire.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
SR 210 introduced by art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402). New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 153 B command to pay / 2. Writing. Situation of the third-party owner of the collateral 2. Writing. Situation of the third-party owner of the command to pay collateral shall be as stated in art. 70. a copy of the order to pay is also notified:

a. to the third party who has been the pledge or became owner; (b) the spouse or the partner registered of the debtor or the third party when the encumbered building is the housing of the family (art. 169 CC) or common housing (art. 14 of the Act of 18 June 2004 on the partnership).

The third and the husband can form opposition in the same way as the debtor.
The spouse, the registered partner and a third can form opposition in the same way as the debtor.
When the third party has introduced the mortgage purge procedure (art. 828, and 829 CC), the building cannot be achieved if the creditor pursuing proves to the office of the proceedings, after the end of the procedure, that he still has a pledge guaranteeing his claim on such property.
Also applicable are the provisions of the art. 71 to 86, concerning the command of pay and opposition.

New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
SR 210 RS 211.231 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by c. 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
Introduced by art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402). New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Formerly al. 3 art. 153aC. Opposition. Cancellation of the notice to the tenants and farmers C. Opposition. Cancellation of the notice to tenants and farmers if opposition is filed, the creditor may require the release or open realization of the claim or the right of pledge action within ten days from the communication of the opposition.
If the creditor does not succeed in the release process, it can open action within ten days from the notification of the decision.
If he does not observe these time limits, the notice to tenants and farmers is cancelled.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 154 D. deadlines D. time limits for achievement the creditor may require the realization of guarantee furniture a month at the earliest and a year at the latest, a pledge estate at the earliest six months and two years at the latest after notification of the order to pay. If opposition has been filed, these delays do not run between the introduction of the judicial procedure and the final judgment.
The pursuit falls if the requisition has not made within the legal deadline or if withdrawn, it is not renewed within this period.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 155 E. enforcement proceedings / 1. Introduction E. realization Procedure 1. Introduction the art. 97, al. 1, 102, al. 3, 103 and 106 to 109 apply by analogy to the pledge which the implementation is required.
The prosecution office informs the debtor of the requisition of achievement within three days.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 156th. enforcement proceedings / 2. Performance 2. The realization of the pledge enforcement takes place in accordance with the art. 122-143b. The terms of auction (art. 135) however prescribe that the share of the achievement award for the claim of the Prosecutor must be paid in cash, unless otherwise agreed between the parties concerned. They may also prescribe land charges entered in the land register in favour of the Prosecutor must be struck out.
The titles of pledge created on behalf of the owner or bearer and pledged as collateral by the owner, will be reduced to the amount of the proceeds of realization in the event that separate.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 157 E. enforcement proceedings / 3. Distribution 3. Distribution the proceeds of realization is first used to cover the costs of administration, production and distribution.
The net product is distributed to creditors charge up to a maximum of their claims, interests until the latest achievement and fresh pursuit understood.
When the product is not enough to pay the creditors in full, the Officer determines the rank and the dividend for each of them, by observing the provisions of art. 219, al. 2 and 3.
The art. 147, 148 and 150 shall apply.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 158 E. enforcement proceedings / 4. Lack of guarantee certificate 4. Certificate of guarantee failure when the realization of the pledge was not held due to lack of adequate supply (arts. 126 and 127), or the product is not enough to satisfy the creditor pursuing, prosecution office issue to the latter a lack of guarantee.
The loser creditor may proceed by way of seizure or bankruptcy, depending on the quality of the debtor, unless his right arises from a letter of pension (art. 33A, little end CC) or other land charge. He is exempt from the command of pay if it is in the month.
The lack of guarantee certificate is worth recognition of debt within the meaning of art. 82. new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
SR 210 new content according to section II 4 of the Federal Act on Dec. 11. 2009 (register mortgage note and real rights), in force since Jan. 1. 2012 (2011 4637 RO; FF 2007 5015).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Fifth title: bankruptcy way I pursuit. The ordinary pursuit through bankruptcy art. 159 A communication of bankruptcy / 1. Time A. bankruptcy communication 1. Time on receipt of the requisition to continue the pursuit, prosecution office address without delay the communication of bankruptcy the debtor subject to the pursuit through the bankruptcy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 160. A Commination bankruptcy / 2. Content 2. Content the bankruptcy communication sets out: 1. the indications prescribed for the requisition of prosecution; 2. the date of the order to pay; 3. the warning that the creditor may require the bankruptcy at the expiration of a period of 20 days;
4. the notice that the debtor may, within ten days, appeal to the supervisory authority (art. 17), if he considers to be not subject to pursuit a path to bankruptcy.

In addition, it is recalled to the debtor that the law allows him to propose a concordat.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 161. A Commination bankruptcy / 3. Notification 3. Notification the communication of bankruptcy is notified in accordance with art. 72. the office shall provide a copy to the creditor immediately after notification.


New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no I of the Federal Act of 16 Dec. 1994 with effect from Jan 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 162 B inventory of assets / 1. Decision B. inventory of property 1. Decision at the request of the creditor, the bankruptcy judge decides, if this measure is necessary, it will be inventory of the assets of the debtor.

Art. 163 B inventory of assets / 2. Performance 2. Run the prosecution office inventories. It cannot begin before notification of the communication of bankruptcy; are exception cases mentioned in art. 83, al. 1, and 183.
The provisions of the art. 90, 91 and 92 apply by analogy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 164 B inventory of assets / 3. Effects / a. duties of the debtor 3. Effects a. duties of the debtor the debtor is obliged, under threat sentences provided by law (art. 169 CP), to represent at all times, in nature or value, the property inventoried, except that the officer may have abandoned him for her maintenance and that of his family.
The attendant expressly draws attention of the debtor on its obligations as well as on the criminal consequences of their failure.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 311.0 art. 165 B inventory of assets / 3. Effects / b. period b. time inventory is revoked by the attendant if all creditors prosecutors agree.
The effects of the inventory constantly full four months after the date of its establishment.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).


Art. 166 C requisition of bankruptcy / 1. Period C. Requisition bankruptcy 1. Period at the end of the period of 20 days of notification of the communication, the creditor may request of the bankruptcy judge. He joined his command to pay application and the Act of communication.
The right to request bankruptcy expire by fifteen months from the notification of the order to pay. If opposition has been filed, this period does not run between the introduction of the judicial procedure and the final judgment.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 167 C requisition of bankruptcy / 2. 2 withdrawal. Withdrawal the creditor who pulled the requisition of bankruptcy may renew it only a month after.

Art. 168 C requisition of bankruptcy / 3. Bankruptcy hearing 3. Bankruptcy hearing judge a requisition of bankruptcy shall notify the parties of the day and time of the hearing at least three days in advance. They may attend or be represented.

Art. 169 C requisition of bankruptcy / 4. Responsibility for the costs of bankruptcy 4. Responsibility for the cost of bankruptcy that requires bankruptcy answers charges up to and including the suspension of operations for lack of assets (art. 230) or until the creditors (art. 232).
The judge may require it to do in advance.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 170 C requisition of bankruptcy / 5. Precautionary measures 5. Interim measures of the judge may order beforehand all interim measures it deems necessary in the interest of the creditors.

Art. 171D. bankruptcy / 1. Statement D. bankruptcy judgment 1. Statement the judge shall rule without delay and even in the absence of the parties. It must pronounce the bankruptcy except in the cases mentioned in art. has 172 to 173.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 172 D. bankruptcy judgment / 2. Rejection of application for bankruptcy 2. Rejection of the requisition of bankruptcy judge rejects the bankruptcy request in the following cases: 1. when the supervisory authority cancelled the communication; 2. When it was granted to the debtor the restitution of a period (art. 33, para. 4) or the benefit of a late opposition (art. 77). 3. where the debtor justified by title that the debt has been paid in capital, interest and expenses or that the creditor gave him a reprieve.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. D. bankruptcy judgment 173 / 3. Deferment of the bankruptcy / has. For suspension of the prosecution or grounds of nullity 3. Deferment of the bankruptcy has. For suspension of the prosecution or grounds of nullity when the suspension of the prosecution has been ordered by the regulator to a complaint or by the judge according to the art. 85 or 85, art. 2, the judge adjourned its decision on the bankruptcy judgment.
If the judge finds that a decision nowhere was made in the previous proceedings (art. 22, al. 1), it also shifted its decision and shall submit the case to the supervisory authority.
He adjudicates the requisition of bankruptcy after having received notice of the decision of the authority.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 173aD. bankruptcy / 3. Deferment of the bankruptcy / b. In the event of a bankruptcy or special stay or office b. In the event of a stay bankruptcy or extraordinary or automatically if the debtor or a creditor introduced a request bankruptcy relief or extraordinary sentence, the Court may adjourn the judgement of bankruptcy.
The Court may also adjourn the judgement of bankruptcy Office when a concordat seems possible; in this case, it forwards the file to the judge of the concordat.


Introduced by art. the LF 12 Sept. 28. 1949 (1950 57 RO; FF 1948 I 1201). New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no I of the Federal Act of 21 June 2013, with effect from Jan 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 173bD. bankruptcy / 3. The procedure followed by the supervisory authority of financial markets 3. Procedure followed by the supervisory authority of financial markets if the requisition of bankruptcy for a Bank, a securities dealer, an insurance company, a plant of Pfandbriefe, management of an investment fund, an investment with variable capital (SICAV) company, a company limited partnership for collective investment or a capital investment company fixed (SICAF), the bankruptcy judge to refer the case to the federal supervisory authority of financial markets (FINMA). It is in accordance with special laws.

Introduced by no II 1 of the Federal Act of 3 October. 2003, in force since July 1. 2004 (RO 2004 2767; FF 2002 7476). New content according to point 2 of the annex to the Federal Act of 18 March 2011 (deposit guarantee), in effect since Sept. 1. 2011 (2011 3919 RO; FF 2010 3645).

Art. 174D. bankruptcy / 4. Use 4. Use the bankruptcy judge's decision may, within ten days, to appeal to the sense of the CPC. The parties may assert new facts when these occurred before the judgment at first instance.
The appeal authority may cancel the opening of bankruptcy when the debtor makes it likely his solvency and setting by title that one of the following conditions is met: 1. the debt, interest and fees included, has been paid; 2. the total amount to be repaid was filed with the higher judicial authority for the creditor; 3. the creditor withdrew its application for bankruptcy.

If the appeal authority granted the suspensive effect, she simultaneously ordered provisional measures to preserve the interests of the creditors.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
RS 272 art. 175 E. time of the declaration of bankruptcy. E Moment of declaring bankruptcy bankruptcy is open to the moment where the judgment says it.
The judgment is evidence right now.

Art. 176F. Communication of F. Communication of court decisions court decisions the judge shall without delay to prosecution offices, offices of bankruptcy, the commercial register and the land registry: 1. the declaration of bankruptcy; 2. the revocation of bankruptcy; 3. the closing of the bankruptcy; 4. the decisions granting the suspensive appeal; 5 effect. the content of the provisional measures ordered.

Bankruptcy is mentioned in the land register at least two days after its opening.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 19 March 2004 (Mention of bankruptcy in the land register), in force since Jan. 1. 2005 (RO 2004 4033; FF 2003 5935 5943).

II. continuity for exchange effects art. 177 A requirements A. Conditions the creditor who is under a bill of Exchange or a cheque may, even though the debt is guaranteed by a pledge, require the pursuit for currency effects, when the debtor is subject to the pursuit through the bankruptcy.
The creditor joined his requisition the Bill of Exchange or cheque.

Art. 178 B command to pay b command to pay after finding the existence of the conditions above, the office of Public Prosecutions shall immediately notify command to pay.
The order to pay States: 1. the indications of the requisition of prosecution; 2. the demand for payment, within five days, the amount of the debt and costs.
3. the opinion that the debtor can file opposition (art. 179) or appeal to the authority of supervision (art. 17 and 20) for violation of the law;
4. notice that the creditor can require the bankruptcy if the debtor disobeys the commandment to pay although it has not formed opposition, or if it was waived (art. 188).

The art. 70 and 72 are applicable.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to art. 15 ch. 4 available. end and trans. little. XXIV to XXXIII CO, in effect since July 1. 1937 (RO 53 185; 1928 I 233, 1932 I 217 FF).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 179C. Opposition / 1. Time limit and form C. Opposition 1. Time limit and form the debtor may file opposition before the office of the prosecution in writing and within five days of the notification of the order to pay, claiming one of the grounds set out in art. 182. it is free of acknowledged his opposition to the debtor requesting.
The debtor is not limited to the reasons in support of its opposition; He later boasts of the other means provided for in art. 182. art. 33, al. 4, does not apply.


New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 180 C opposition / 2. Communication to the creditor 2. Communication to the creditor opposition is recorded on the order to pay double for the creditor; If it not occurred, it is similarly mentions.
The authority shall give this double to the creditor immediately after the opposition or the expiry of the opposition period.

Art. 181C. Opposition / 3. Transmission to the judge 3. Transmission to the judge the prosecution office shall submit without delay opposition to the judge of the Forum of the pursuit. This summon the parties to appear and statue, even in their absence, within ten days from the receipt of the opposition.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 182 C opposition / 4. Admissibility 4. Admissibility the Court declares the opposition admissible: 1. where the debtor justified by as the bearer of the effect or the cheque is paid, he consented to the debt forgiveness or granted a reprieve; 2. When he alleges the falsity of the title and its narration seems likely; 3. When the debtor raises an exception admissible in Bill of Exchange and it seems well-founded; 4. When he alleges another way based on art. 1007 CO and it makes plausible his alleged; in this case, the opponent is required to deposit the amount of the effect in cash or other securities or provide equivalent security.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 220 art. 183 C opposition / 5. Inadmissibility. Precautionary measures 5. Inadmissibility. Provisional measures if the judge rejects the opposition, he may order the necessary precautionary measures, including the inventory in accordance with the art. 162 to 165.
It can also require the creditor to provide security.

New content according to art. 15 ch. 6 disp. end and trans. little. XXIV to XXXIII CO, in effect since July 1. 1937 (RO 53 185; 1928 I 233, 1932 I 217 FF).

Art. 184 C opposition / 6. Notification of the decision. Time to act in case of filing 6. Notification of the decision. Time for suit in the case the decision on the admissibility of the opposition is immediately notified to the parties.
If the opposition has been admitted with deposit, the creditor is invited to bring his action in payment within 10 days. Misconduct by him to comply within this time, the deposit is returned.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 185C. Opposition / 7. Use 7. Appeal the decision on the admissibility of the opposition may be, within five days, an action within the meaning of the CPC.

New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
RS 272 art. 186 C opposition / 8. Effects of opposition declared admissible 8. Effects of opposition declared admissible if the opposition was declared admissible, the pursuit is suspended and the creditor asserted his right through the ordinary procedure.

Art. 187 (D) Action to recover D. Action to recover anyone who has paid a sum that he shouldn't, then prosecution remained unopposed, has the right to repeat in accordance with art. 86. it is similarly if he paid after opposition declared non-responsive.

Art. 188 E. Requisition of bankruptcy E. Requisition of bankruptcy if the debtor not opposing or whose opposition was waived disobeys the order to pay, the creditor may request bankruptcy on the mere production of its title, the order to pay, and where appropriate, of the judgment dismissing the opposition.
The right to request bankruptcy expire by one month from the notification of the order to pay. If opposition has been filed, the time which elapsed until the judgment or, as appropriate, since the introduction of the action until the final judgment, is not counted.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 189F. bankruptcy F. bankruptcy judgment the judge informs the parties of the place, day and hour where he will rule on the requisition of bankruptcy. Judgment, even in the absence of the parties, within 10 days after the deposit of the requisition.
The art. 169, 170, 172, ch. 3, 173, 173, 175 and 176 shall apply.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

III. cases of bankruptcy without further prior art. 190 A. At the request of the creditor at. At the request of the creditor, the creditor may require bankruptcy without prior pursuit: 1. If the debtor has no known residence, if he has fled with the intention of evading its commitments if it has committed or attempted to commit acts in fraud of his creditors rights or ESP. its goods in the course of a prosecution by way of seizure directed against him; 2. If the debtor subject to the pursuit by way of bankruptcy has suspended his payments; 3. …

The debtor who has a residence or a representative in Switzerland is assigned to promptly before a judge to be heard.

Repealed by no I of the Federal Act of 21 June 2013, with effect from Jan 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 191 B. At the request of the debtor, B. At the request of the debtor the debtor may itself require its bankruptcy by declaring themselves insolvent in justice.
When any possibility of settlement of the debt according to the art. 333 ss is excluded, the judge pronounces the bankruptcy.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 192C. Office C. Officio bankruptcy is pronounced without prior prosecution in the cases provided by law.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 193D. repudiated Succession or insolvent D. estate insolvent or repudiated the competent authority informed judge bankruptcy that: 1. all heirs have expressly repudiated the estate or that it is presumed to be repudiated (art. 566 and s. and 573 CC); 2. an estate of which the official liquidation was required or ordered turns out insolvent (art. 597 CC).

In these cases, the judge orders the liquidation under bankruptcy rules.
The liquidation under bankruptcy rules may also be required by a creditor or an heir.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
SR 210 art. 194th. Procedure E. Procedure art. 169, 170 and 173a to 176 apply to bankruptcy without prior prosecution. Art. 169 does not, however, apply to bankruptcy under art. 192. the communication to the registry of trade (art. 176) is irrelevant if the debtor was not subject to the pursuit through the bankruptcy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

IV. revocation of bankruptcy art. 195 A. In general has. In general the judge pronounces the revocation of bankruptcy and the reintegration of the debtor in the free disposal of its assets when: 1. it establishes that all debts are paid; 2. It is a statement of all creditors attesting that they withdraw their productions; 3. a concordat was approved.

The revocation may be ordered from the expiry of the period for productions and to the closing of the bankruptcy.
It is made public.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 196 B in succession repudiated B. If repudiated estate liquidation through bankruptcy of a repudiated succession is also stopped when, prior to closing, an entitled who accept the succession and providing security for the payment of the debts.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Sixth title: the legal effects of bankruptcy I. Effects of bankruptcy as the assets of the debtor art. 197. A Masse bankruptcy / 1. General a. mass bankruptcy 1. In general all the seizable property of the bankrupt at the time of the opening of the bankruptcy form a single mass, regardless of where they are located, and are assigned to the payment of creditors.
Goods which come to the bankrupt until the closing of the bankruptcy fall into the mass.

Art. 198. A Masse bankruptcy / 2. Fully recovered pledged 2. Well given pledge also enter the mass property on which there is a pledge, subject to the rights of preference of the pledgee.

Art. 199. A Masse bankruptcy / 3. Seized or sequestered goods 3. Property seized or sequestered seized unfulfilled at the time of the opening of bankruptcy and sequestered goods fall into the mass.
However, if the time limits for participation to the seizure (arts. 110 and 111) are due to the opening of the bankruptcy, the amounts already received as a result of seizure of cash, receivables and seizures of wages, as well as achievements of goods are distributed in accordance with the art. 144 to 150; the surplus is given to the mass.


New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 200 a. Masse bankruptcy / 4. 4 revocation object. Mass revocation object also includes what may be the subject of revocation action in accordance with the art. 214 and 285 to 292.

Art. 201. A Masse bankruptcy / 5. Bearer securities and values to order 5. Bearer securities and values to order securities to bearer and values transferred to the bankrupt for cashing promissory only or as payments to do specially designated, may be claimed by the person entitled.

Art. 202. A Masse bankruptcy / 6. Assignment of receivables or restitution of the price 6. Assignment of receivables or restitution of the price when the bankrupt has sold a thing belonging to others and did not touch the price before the commencement of the bankruptcy, the owner has the right to demand the assignment of the claim against the buyer or the restitution of the price if it contributed to the mass, all against repayment of which may be due to it for the thing said.

Art. 203. A Masse bankruptcy / 7. Right of withdrawal of the vendor 7. Right of withdrawal from the seller sold and shipped things which the debtor has not taken possession before the declaration of bankruptcy can be claimed by the seller, unless the mass don't shall pay the price.
The claim can only be exercised if, before the publication of the bankruptcy, things have been sold or given as security to a third party in good faith, on the waybill, Bill of lading or letter of loading.

Art. 204 B inability of the bankrupt have (B) inability of the bankrupt have are void against creditors all acts by which the debtor had, since the opening of the bankruptcy of property belonging to the mass.
However, before the publication of the bankruptcy, the debtor has paid at maturity a ticket exchange subscribed by him or a bill of exchange drawn on him, the payment is valid, provided that the bearer of the effect had no knowledge of the bankruptcy and that he could, in case of refusal of payment, have usefully against third parties the remedies allowed in Bill of Exchange.

Art. 205 C payments in the hands of the bankrupt C. payments in the hands of the bankrupt from the opening of the bankruptcy, the debtor cannot receive no payment. Anyone who pays his hands is released, to the creditors of the bankrupt, only up to the amount or value that goes into the mass.
However, the debtor of a bankrupt who met his hands before the publication of the bankruptcy is released, unless he had knowledge of it.

Art. 206D. proceedings against the bankrupt D. proceedings against the bankrupt proceedings against the bankrupt extinguish and no prosecutions may be made during the liquidation of bankruptcy for receivables prior to the commencement of the bankruptcy. Make exception prosecutions for the realization of collateral owned by a third party.
Prosecutions for the receivables arising after the opening of the bankruptcy continue by way of seizure or realization of collateral during the liquidation of bankruptcy.
During the bankruptcy proceedings, the debtor may require opening another bankruptcy by declaring themselves insolvent (art. 191).

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 207E. Suspension of civil trials and administrative procedures E. Suspension of civil trials and administrative procedures except in emergency cases, civil proceedings to which the bankrupt is a party and which affect the status of the bankrupt are suspended. They cannot be continued, in regular liquidation, after the ten days following the second meeting of creditors and, in summary liquidation, after 20 days following the filing of the scheme of collocation.
The administrative procedures can be suspended on the same terms as civil trials.
Limitation and expiry deadlines do not run during the stay of proceedings.
This provision does not apply to actions for damages for abuse and injury cause or procedures under the family law.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

II. the effects of bankruptcy on the rights of the creditors art. 208. Exigibilité A. debts due debts the opening of bankruptcy makes payable the debts of the bankrupt, with the exception of those that are secured by a pledge of property of the bankrupt. The creditor may argue, in addition to the capital, the interest until the opening day and costs.
Unmatured debt which carry no interest are reduced by the discount at the rate of 5 per cent.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 209 b. course interests b. courses of interest the opening of bankruptcy stop, with respect to the bankrupt, the course of interest.
The interests of debt secured by pledge continue to run until the realization insofar as the product of the pledge exceeds the amount of the debt and interest due at the time of the commencement of the bankruptcy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 210. receivables subject to conditions C. receivables subject to conditions when a claim is subject to a suspensive condition, the creditor can nonetheless assert the full; but he sees the dividend when the condition is fulfilled.
Claims based on a life annuity contract are governed by art. 518, al. 3, CO.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 220 art. 211 D. Conversion of receivables D. Conversion of receivables claim whose purpose is not a sum of money turns into a debt of equivalent value.
However, when the claim arises out of a bilateral contract, which is not yet executed at the time of the commencement of the bankruptcy, or is only partially, the administration of the bankruptcy may take to perform in nature instead of the debtor. The contractor may require collateral.
The right to the administration of the bankruptcy under para. 2 is however excluded in the case of commitments to strict term (art. 108, c. 3, CO), as well as in financial futures, swaps and options, when the value of the contract performance on the day of the opening of bankruptcy is determinable on the basis of the current price or stock price. The administration of the bankruptcy and the other party each have the right to assert the difference between the agreed value of the contractual and market at the time of the commencement of the bankruptcy.
Are reserved the provisions of other federal laws relating to the termination of the contracts in the bankruptcy and the provisions relating to the reservation of ownership (art. 715 and 716 CC).

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 220 introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
SR 210 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 211aD. (D) fixed-term contracts claims based on a contract may be invoked as a debt in bankruptcy from the opening of it, but at the latest until the nearest term of termination of the contract or its date of expiry. The benefits that the creditor would have received during this period are attributed.
If the bankrupt received benefits based on the contract, the corresponding considerations born after the commencement of the bankruptcy are worth debts of the bankrupt.
The pursuit of a contractual relationship by the debtor, on a personal basis, is reserved.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 212 E. right of termination of the vendor E. right to cancellation of the seller who sold and delivered products to the debtor before the opening of the bankruptcy, may neither terminate the contract, or to demand the object, even though it would be expressly reserved to this faculty.

Art. 213 f. Compensation / 1. Conditions f. Compensation 1. Conditions the creditor has the right to offset its claim with the bankrupt may have against him.
However, any compensation is excluded: 1. when the debtor of the bankrupt became his creditor later at the opening of the bankruptcy, unless he has performed an obligation born earlier or he has dégrevé put something pawned for debt of the bankrupt and that he has on this thing a property or a real right limited (art. 110 (, ch. 1, CO);
2. when the creditor of the bankrupt became his debtor or the mass later at the opening of the bankruptcy; 3. …


Compensation with receivables arising from bearer securities may be held if and to the extent where the creditor establishes that he has acquired securities in good faith before the opening of the bankruptcy.
In case of bankruptcy of a limited partnership, a limited company, a company limited by shares, a liability company, limited or cooperative society the amount not released of the sponsorship or social capital or arrears of assessed contributions of the cooperative society cannot be compensated.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 220 Abroge by art. the LF 13 Sept. 28. 1949, with effect from Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
Introduced by art. the LF 13 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
Formerly al. 3. new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 214 f. Compensation / 2. Challenge 2. Challenge compensation may be challenged when the debtor of the bankrupt acquired, before the opening of the bankruptcy, but having knowledge of the insolvency of his creditor, a claim against him, in order to obtain or to benefit a third party, by means of compensation, to the prejudice of the mass.

Art. 215 G. common Obligations of the bankrupt / 1. G. common Obligations of the bankrupt bonds 1. Bonds claims arising from bonds of the bankrupt can be produced in the bankruptcy when well even the debt is not yet due.
The mass is subrogated in the rights of the creditor against the principal debtor and the coobliges to the extent of the dividend paid by it (art. 507 CO). In the event of bankruptcy of the principal debtor or a co-authorised, art. 216 and 217 are applicable.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 220 art. 216 G. common Obligations of the bankrupt / 2. Simultaneous bankruptcies of several coobliges 2. Bankruptcy at the same time several coobliges when multiple people for the same debt simultaneously are bankrupt, the creditor can assert his whole claim in each bankruptcy.
If the combined dividends are higher than the amount of the claim, the surplus is vested in the masses who have paid beyond which the bankrupt was required with respect to its coobliges.
The various masses have no recourse against the other for dividends they paid, as long as the amount of these does point exceed the amount due to the creditor.

Art. 217 G. common Obligations of the bankrupt / 3. Deposit paid by a co-authorised the bankrupt 3. Deposit paid by a co-authorised the bankrupt when a co-authorised the bankrupt has made a down payment on the debt, it is nevertheless accepted liability for the amount of primitive, even though the co-authorised would have no recourse against the bankrupt.
To produce in the bankruptcy law belongs to the creditor and to the co-authorised.
The creditor receives the dividend to the extent of its claim; the surplus goes to the co-authorised to the dividend relating to his right to appeal, to the mass for the surplus.

Art. 218 G. common Obligations of the bankrupt / 4. Simultaneous bankruptcy of the general partnership, limited partnership and their associates 4. Simultaneous bankruptcy of the partnership, of the company limited partnership and their associates when a partnership and an associate are simultaneously in bankruptcy, the creditors of the company may not assert in the bankruptcy of the associate that the sum to which they are sent back losers in society. The art. 216 and 217 are applicable to the payment of the balance by the different partners.
If one partner falls in bankruptcy unless there is bankruptcy of the company, the creditors thereof are admitted liability for the full amount of their claims and the mass of the partner is subrogated as stated in art. 215. the al. 1 and 2 shall apply by analogy to the General partners of a limited partnership.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 219 h. order of creditors H. order of claims guaranteed by pledge creditors are colloquées by preference on the proceeds of the fee.
When a debt is guaranteed by several pledges, the product is charged proportionally on the debt.
The order of claims guaranteed by mortgage lien, as well as the extension of this guarantee to the interests and other accessories, are regulated by the provisions on the mortgage lien.
Unsecured and secured claims which have not been covered by the pledge are colloquées in the following order on the product of the other property of the mass: first class a. claims that the worker may claim under the contract of employment and who are born or become payable six months prior to the opening of bankruptcy or later in total up to the maximum annual amount of the gain provided in compulsory accident insurance; a. claims that the worker may argue for the return of collateral;
a.the claims that the worker can be argued under a social plan and who are born or become payable six months prior to the opening of bankruptcy or later.
(b) the rights of the insured within the meaning of the Federal Act of 20 March 1981 on accident insurance as well as claims arising from non-compulsory occupational retirement provision and claims of pension funds with respect to affiliated employers; c. claims financial maintenance and food arising from the family law as well as receivables cash to maintenance under the Act of 18 June 2004 on the partnership if these debts were born in the last six months the opening of the bankruptcy.

Second class a. claims of people whose fortune was placed under the administration of the bankrupt under parental authority, for the amount that is due to this head. These claims are the privilege if bankruptcy has been declared during the exercise of parental authority, or in the following year;
b. claims of contributions within the meaning of the Federal Act of 20 December 1946 on old-age insurance and survivors, of the Federal Act of 19 June 1959 on disability insurance, of the Federal Act of 20 March 1981 on accident insurance, of the Federal law of September 25, 1952, on the regime of allowances for loss of income for people serving in the army in the civil service or in civil protection and the Act of 25 June 1982 on insurance unemployment; c. claims of premiums and participation in the social insurance costs; d. contributions and contributions to the compensation for family; e. allowances funds.. .f. deposits referred to in art. 37A of the law of 8 November 1934 on the banks.

Third class all other claims.
Deadlines for claims of first and second class, are not counted: 1. the length of the bankruptcy proceedings prior to the commencement of the bankruptcy; 2. the length of a trial relating to the claim; 3. in case of liquidation of a succession by way of bankruptcy, the time elapsed between the date of death and the decision to proceed with the liquidation.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to art. 58 little. end. CC, in force since Jan. 1. 1912 (RO 24 245. little end. art. 60;) FF 1904 IV 1, 1907 VI 402).
New content according to the annex to the Federal Act of 18 March 2011 (deposit guarantee), in effect since Sept. 1. 2011 (2011 3919 RO; FF 2010 3645).
New content according to chapter I of the Federal Act of June 18, 2010, in effect since Dec. 1. 2010 (2010 4921 RO; FF 2009 7215 7225). See also the disp. Trans. of this mod at the end of the text.
Introduced by chapter I of the Federal Act of June 18, 2010, in effect since Dec. 1. 2010 (2010 4921 RO; FF 2009 7215 7225). See also the disp. Trans. of this mod at the end of the text.
Introduced by chapter I of the Federal Act of June 18, 2010, in effect since Dec. 1. 2010 (2010 4921 RO; FF 2009 7215 7225). See also the disp. Trans. of this mod at the end of the text.
RS 832.20 new content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
RS 211.231 new content according to chapter I of the Federal Act of 24 March 2000, in force since Jan. 1. 2001 (RO 2000 2531; FF 1999 8486 8886).
RS RS 831.20 834.1 RS 831.10. Currently: LF on loss of earnings in case of service and maternity allowances.
RS 837.0 introduced by art. 111 No 1 of the Federal Act of 12 June 2009 on VAT (RO 2009 5203; FF 2008 6277). Repealed by section I of the Federal Act of 21 June 2013, with effect from Jan 1. 2014 (2013 4111 RO; FF 2010 5871).
Introduced by section 2 of the annex to the Federal Act of 18 March 2011 (deposit guarantee), in effect since Sept. 1. 2011 (2011 3919 RO; FF 2010 3645).
RS 952.0 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Introduced by chapter I of the Federal Act of 16 Dec. 1994 (RO 1995 1227; FF 1991 III 1). New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 220 I. report of classes between them I. report of classes between them creditors work together in each class for equal rights.
As long as creditors of a previous class were not completely selfless, those of the following classes receive nothing.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Seventh title: the liquidation of bankruptcy I. the mass training and determination of the proceedings art. 221. Prise inventory A. stock count as soon as the office has received communication from the commencement of the bankruptcy, he proceeds to the inventory of the property of the bankrupt and take the necessary measures for their conservation.


Repealed by no I of the Federal Act of 16 Dec. 1994, with effect from Jan 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 222 B duty to inform and to REList the items B. duty to inform and to return the objects the bankrupt shall, under threat of punishment under the law (art. 163, ch. 1, 323, ch. 4, CP), to indicate all his property to the office and put at its disposal.
If the bankrupt is dead or on the run, these obligations, under threat of penalties provided by law (art. 324, ch. 1, CP), to all adults who were living together with him.
The requisition of the attendant, everyone with an obligation within the meaning of the al. 1 and 2 are required to open their premises and their furniture. If necessary, the officer may appeal to the public force.
Under threat of the penalties provided by law (art. 324, ch. 5, CP), third parties who hold property of the bankrupt or against whom the bankrupt's debts have the same obligation to inform and to return the objects that the bankrupt.
The authorities have the same obligation to provide information that the bankrupt.
The Agency expressly draws attention of interested parties on these obligations as well as on the criminal consequences of their failure.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 311.0 art. 223 C C. safety measures the agency security measures closed down and puts sealed shops, deposits of goods, flow, etc., unless these institutions can be administered under control until the first meeting of creditors.
It takes into custody cash, values, accounting books, books of household and acts of some importance.
As for other goods, he puts them under seal until the inventory. The seals can be kept if the agency deems necessary.
It provides for the custody of objects that lie outside the premises used by the bankrupt.

Art. 224 property of strict necessity D. strict necessity goods the Agency let available of the bankrupt property listed in art. 92. he still wears them in the inventory.

Art. 225 E. third party rights / 1. E. rights of third 1 furniture. On the furniture are similarly included in the inventory listed objects as being the property of third persons or claimed by others. The inventory mentions these claims.

Art. 226 E. third party rights / 2. On the 2 buildings. Property rights of third parties on the estate of the bankrupt found by public registers are noted in the inventory of office.

Art. 227. F estimate F. estimate each item brought to the inventory is estimated.

Art. 228 G. statement of the bankrupt on the inventory statement of the bankrupt on the inventory Agency submits the inventory to the bankrupt and invites him to declare if he recognizes the exact and complete.
His reply is transcribed in the inventory and signed by him.

Art. 229. Cooperation of the bankrupt. Assistance in favour H. Cooperation of the bankrupt. Assistance in favour the bankrupt is required, under threat of punishment under the law (art. 323, ch. 5, CP), to remain available to the administration for the duration of the liquidation, unless it is expressly provided. If necessary, he was forced by the police to stand. The administration specifically draw his attention to this obligation as well as the penal consequences of his failure.
The administration may award him equitable assistance, particularly if she keeps him at his disposal.
The administration sets the conditions to which the bankrupt and his family can stay in their homes and the duration of the stay, insofar as housing is part of the bankrupt.

RS 311.0 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 230 I. Suspension of bankruptcy for lack of assets / 1. In general i. Suspension of bankruptcy for lack of assets 1. In general when it is likely that the mass is not enough to cover the costs of summary liquidation, the judge who ordered the bankruptcy declare the suspension thereof at the request of the Agency.
The office publishes this decision. The publication is that the bankruptcy will be closed if, within ten days, the creditors do not require the liquidation and do not provide the security required for expenses that will not be covered by the mass.
Within two years after the suspension of the liquidation, the debtor may also be brought by way of seizure.
Before the opening of the bankruptcy proceedings are reborn after the suspension of it. The time between the opening and the suspension of the bankruptcy is not for the calculation of the time limits provided for in this Act.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by art. the LF 15 Sept. 28. 1949, in effect since Feb. 1. 1950 (1950 57 RO; FF 1948 I 1201).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 230aI. Suspension of bankruptcy for lack of assets / 2. Repudiated estate and legal persons 2. Repudiated estate and legal persons if the Agency suspends the liquidation of an estate rejected for lack of assets, the heirs may demand the transfer in their favour or in favour of some of them of the assets included in the estate, provided that they are personally responsible for the payment of claims guaranteed by pledges and charges not covered of the liquidation. If none of the heirs makes use of this right, it can be exercised by creditors and, failing that, by the third party who argue interest.
Where the estate of a bankrupt Corporation includes values affected rights of pledge and bankruptcy has been suspended for lack of assets, each pledgee may nevertheless require the Agency achieve its pledge. The office he sets a deadline for this purpose.
If there is no transfer within the meaning of para. 1, and if no creditor request the realization of his pledge within the time limit set by the office, assets are, after deducting fees, transferred to the State with charges that strain them, without however it to regain personal debt; This transfer occurs only if the competent cantonal authority don't turn.
If the competent cantonal authority refuses the assignment, the office proceeds to the realisation of the assets.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 231 K. Summary Liquidation K. Summary Liquidation office proposed to the bankruptcy judge to apply the summary procedure if it finds that: 1. the proceeds of the inventoried property will probably not cover the expenses of liquidation or que2. the case is simple.

If the judge approved this proposal, it is carried out the liquidation summary bankruptcy, unless a creditor asks, before the distribution of funds, that the liquidation takes place in the ordinary form and does not provide a security sufficient for the fees that will probably not be covered.
The summary liquidation takes place according to the rules of the ordinary procedure, subject to the following exceptions: 1. as a general rule, there is no place to convene meeting of the creditors. However, where special circumstances make it desirable consultation of creditors, the office may summon them to a meeting or cause a decision on their part through circulars; 2. at the end of the production period (art. 232, al. 2, no. 2), the Agency proceed in the best interests of the creditors and observing the provisions of art. 256, al. 2 to 4. Real property may be made only once made the State charges; 3. the agency refers to the property of strict necessity in the inventory that he deposited at the same time that the State of collocation; 4. It is not necessary to remove the distribution table.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

II. call for creditors art. 232 A publication A. Publication the office publishes the opening of bankruptcy once it was decided if the liquidation takes place in the form ordinary or summary.
The publication specifies or contains:

1. the designation of the bankrupt and his home, and an indication of the date of the commencement of the bankruptcy; 2. the summons to the creditors of the bankrupt and those who have claims to assert, to produce their claims or claims to the office within one month following the publication and to give their means of evidence (titles, excerpts from books, etc.); 3. the summons to the debtors of the bankrupt to register with the office under threat of penalties provided by law (art. 324, ch. 2, CP), within the same period; 4. the summons to those who hold property of the bankrupt, in any capacity whatsoever, making them available to the office within the same time limit, otherwise they will incur the penalties provided by law (art. 324, ch. 3, CP) and will be deprived of their right of preference, except excuse enough; 5. the convening of the first meeting of creditors, which must take place no later than within 20 days from the publication and which co-debtors, sureties and other guarantors of the bankrupt may also attend; 6. view notifications for people living abroad will be addressed them to the office, as long as they will not elect another residence of notification in Switzerland.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 311.0 new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 233 B special notice to creditors B. notice special creditors the office address by simple fold a copy of the publication to all known creditors.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 234C. case special C. special cases if, before the liquidation repudiated estate or in bankruptcy proceedings preceding the bankruptcy, he has already been notice to creditors, the office reduces the time to produce ten days and indicates in the publication that the creditors who have already produced are exempt from do it again.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

III. Administration of mass art. 235. A first meeting of creditors / 1. Constitution and quorum A. first meeting of creditors 1. Constitution and the first meeting of creditors quorum is presided over by an official of the office, which is assisted of two creditors who constitute the bureau of the Assembly with him.
If he shows people that the summons has not been sent, the office decides on admission to the deliberations.
The meeting is validly constituted when creditors present or represented make up at least a quarter of known creditors. Is there are only four or less, they must represent half of the creditors.
Decisions are taken by an absolute majority of the voting creditors. In case of equality of votes, the Chairman makes use of his casting vote. The office decide challenges to the vote count.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 236. A first meeting of creditors / 2. Lack of quorum 2. Lack of quorum if the quorum is not reached, the Agency takes note. It informs the creditors present in the State of mass and administered it until the second meeting of creditors.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 237. A first meeting of creditors / 3. Skills / a. Designation of the administration and of a monitoring commission 3. Skills a. Designation of the administration and a commission of monitoring if the Assembly is formed, the Agency shall report on the inventory and the mass.
The Assembly decides if the liquidation will be entrusted to the Agency of bankruptcy or a special administration consisting of one or more persons of his choice.
In either case, the Assembly can be internally a monitoring commission which, unless otherwise decided by the Assembly, will have to work: 1. to monitor the administration of the bankruptcy, and provide advice when she's required to oppose any measure that seemed contrary to the interests of creditors; 2. to authorize the continuation of the trade or industry of the bankrupt, and adjust the conditions; 3. to approve the accounts, to allow the administration to plead, to compromise or to conclude a compromise; 4. to challenge claims admitted by the administration, 5. to permit interim distributions being wound up.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 238. A first meeting of creditors / 3. Skills / b. emergency b. emergency Resolutions the Assembly Resolutions may take emergency resolutions, particularly with regard to the continuation of the industry or the business of the bankrupt, the opening of its workshops, stores, or flow, the pending trial and over-the-counter sales.
If the bankrupt offers a concordat, the Assembly may suspend the liquidation.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 239. A first meeting of creditors / 4. Complaint against decisions 4. Complaint against decisions a complaint against the decisions of the Assembly can be formed within five days before the supervisory authority.
The supervisory authority shall decide promptly, after hearing the Board and, if it deems appropriate, the complainant and the creditors who made the request.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 240 B administration of bankruptcy / 1. Tasks in general (B) Administration of the bankruptcy 1. Tasks in general administration is responsible for the interests of the mass and provides for its liquidation. She represents the mass in justice.

Art. 241 b. administration of bankruptcy / 2. Situation of special administration 2. Situation of special provisions of art. 8 to 11, 13, 14, al. 2, no. 1, 2 and 4, as well as art. 17-19, 34 and 35 relating to the bankruptcy office apply to special administration.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 242 B the bankruptcy administration / 3. Claims of third parties and mass 3. Claims of third parties and mass administration makes a decision on the return of objects that are being asserted by a third party.
It shall set within 20 days that it denies the right to bring an action to the Court of bankruptcy. After this time, the third party claim is outdated.
If the mass of creditors claims as being the property of the bankrupt of movables which are in possession or copossession of a third party, or buildings that are registered in the land register on behalf of a third party, it must open action against the third party.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 243 b. administration of bankruptcy / 4. Collection of receivables. Realization of emergency 4. Collection of receivables. Realization of emergency administration cash liquid claims of mass, if necessary by way of prosecution.
It produces without delay subject to depreciation fast, expensive to maintain property or filing costs disproportionate. It may also order the immediate realization of the values and objects listed on the stock exchange or market.
Other assets are made only after the second meeting of creditors.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

IV. Verification of claims and collocation art. 244 Examen productions review productions after the expiry of the period set for the productions, the administration examines the claims and made the necessary checks. She consults with the bankrupt on each production.

Art. 245 B decision B. Decision the administration decides on admission to the liabilities; It is not bound by the statements of the bankrupt.

Art. 246. standing C. receivables receivables standing claims entered in the land register are admitted with the common interest, even if they have not been produced.


New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 247 d. scheme of collocation / 1. Hotel D. collocation State 1. Establishment in the 60 days following the expiry of the period for the productions, the administration draws up the scheme of collocation in accordance with the provisions of art. 219 and 220.
If the estate includes a building, the administration gives, within the same period, the State of the encumbrances (pledge rights, easements, land charges and annotated personal rights). The statement of the charges is an integral part of the scheme of collocation.
If creditors have formed a monitoring commission, the scheme of collocation and the statement of expenses are subject to approval; She has ten days to edit.
If necessary, the supervisory authority may extend the time limits set by this article.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 248 D. scheme of collocation / 2. Apart debt 2. Rejected claims the scheme of collocation indicates claims that have been rejected and the reasons for this measure.

Art. 249 D. scheme of collocation / 3. Filing statement of collocation and special notice to creditors 3. Filing statement of collocation and special notice to creditors the scheme of collocation is filed with the Agency.
The administration shall notify the creditors by publication.
Creditors whose productions have been rejected in whole or in part, or who do not have admitted to the rank to which they claimed, are informed directly.

Art. 250 d. scheme of collocation / 4. Action contesting the scheme of collocation 4. Challenge the scheme of collocation creditor contesting the scheme of collocation because its production was waived in whole or in part, or because she has not collocated in the row he claims action against mass is brought before the judge of the Court of bankruptcy, within 20 days following the publication of the application of the scheme of collocation.
If he disputes a claim or the rank to which she has been collocated, he directs the action against the creditor. If the judge declares the action, relating to this claim a dividend is vested in the plaintiff to a maximum of its production, including trial costs. Any surplus is distributed in accordance with the scheme of collocation rectified.


New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no II 17 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 251 D. the scheme of collocation / 5. Late production 5. Late late productions productions are admitted until the closing of the bankruptcy.
The costs caused by the delay are the responsibility of the creditor, which can be required to make the advance.
He is not entitled to interim distributions made prior to its production.
If the administration admits the production, she proceeds to the rectification of the collocation and shall notify the creditors by means of publication.
Art. 250 is applicable.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

V. Liquidation of mass art. 252. A second meeting of creditors / 1. A. second meeting of creditors 1. Convening after the filing of the scheme of collocation, the administration convened the second meeting of creditors; There are those whose claims have not yet been excluded permanently. The notice must take place at least 20 days in advance.
If there is place to deliberate on an application of the concordat, the convocation stated.
The meeting is chaired by a member of the administration. Art. 235, al. 3 and 4, shall apply by analogy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 253. A second meeting of creditors / 2. Powers 2. Powers the administration presents to the Assembly a comprehensive report on the market of the liquidation and on the State of assets and liabilities.
The Assembly decides if she confirmed in their functions the administration and the members of the Supervisory Board; It sovereign makes all the decisions it deems necessary in the interest of the mass.

Art. 254. A second meeting of creditors / 3. Lack of quorum 3. Lack of quorum if the quorum is not reached, the administration acknowledges and informs the creditors present in the State of mass. Administration and supervisory commission shall hold office until the close of the liquidation.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 255 B. subsequent meetings of the creditors B. subsequent meetings of the creditors of new assemblies may be convened if a quarter of the creditors or the Supervisory Committee request or if deemed necessary by the administration.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 255aC. Decisions proposed by circular C. Decisions proposed by circulars when there is danger the remains that the quorum is not achieved in one of the meetings of the creditors, the administration can submit proposals by circular. A proposal is accepted when the majority of creditors approved it expressly or tacitly by the deadline.
If all the creditors are not known, the administration may also publish its proposals.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 256 D. embodiments D. embodiments property belonging to the mass are made by the administration at a public auction or over-the-counter if creditors consider it preferable.
Goods on which there are the rights of pledge cannot be achieved by mutual agreement only with the consent of the secured creditors.
High value goods and buildings are made by mutual agreement as if the opportunity has been given to creditors to make higher offers.
The claims based on the art. 286 to 288 must be the subject of public auction or be alienated.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 257 E. auction / 1. Publication e. auction 1. Publication the publication indicates the place, day and time of the auction.
If it comes to buildings, the publication takes place at least one month in advance and indicates the day from which the terms of auction will be available to the Agency.
Every mortgagee will receive a copy of the publication and will be advised at the same time of the estimate price.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 258. auction / 2. Auction 2. Auction goods being auctioned are awarded to the highest bidder after three auctions.
In the event of a building, the art. 142, al. 1 and 3, shall apply. Creditors can also decide to set a minimum price for the first auction.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 259th. auction / 3. Terms of auction 3. Terms of auction the art. 128, 129, 132, 134 to 137 and 143 shall apply by analogy to terms of auction. The functions assigned to the office of public prosecutions are carried out by the administration of the bankruptcy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 260 f. assignment of rights (F) assignment of rights if all the creditors does not assert a claim, each of them may request the transfer to the mass.
The product, net of fees, is used to cover the claims of the transferees in the order of their rank and the excess is paid to the mass.
If all the creditors does not assert a claim and that none of them is in demand the assignment, this claim can be carried out in accordance with art. 256. new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

VI. Distribution of funds art. 261. A table of distribution and final table of distribution and final account when the scheme of collocation is final and that administration is in possession of the proceeds of realization of all goods, she paints the picture of distribution of funds and establishes the final account.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 262 B costs of proceedings B. costs of proceedings

Opening of the bankruptcy, liquidation and inventory fees are covered in the first place.
The proceeds of the property given in pledge won't cover costs of inventory, administration and implementation of the pledge.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 263 C table of distribution and the account deposit final C. deposit distribution and the final account the distribution table table and the final account remain filed in the office of the office for 10 days.
The deposit is brought to the attention of creditors; He is sent to each extract relative to its dividend.

Art. 264 D. Distribution of funds D. Distribution of funds at the end of the deadline, the administration makes the distribution of funds.
The provisions of art. 150 shall apply by analogy.
Dividends to receivables subject to a suspensive condition or an uncertain term are deposited to the Fund of deposits and consignments.

Art. 265 E. Act of default of goods / 1. Content and effects E. Act of default of property 1. Content and effects through the distribution, administration gives to every creditor who has not been paid in full, an act of default of property for the outstanding amount. The Act mentions if the bankrupt has recognized or disputed the claim. In the first case, it is like recognition of debt in the sense of art. 82. the Act of default of property can require the receiver and it produced legal effects referred to in art. 149, al. 4, and 149. However a new prosecution may be required on the basis of this act as if the debtor reverts to better fortune. Are also considered better fortune values economically available to the debtor.


New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Repealed by no I of the Federal Act of 16 Dec. 1994 with effect from Jan 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 265aE. Act of default of goods / 2. Realization of the return to better fortune 2. Return to best fortune if finding the debtor opposition by challenging his return to better fortune, the Agency submits opposition to the judge of the Forum of the pursuit. May decide after hearing the parties; its decision is subject to appeal.
The judge declares the opposition admissible if the debtor exposes the State of his income and assets, and if it makes it likely that he is not returned to better fortune.
If the judge declares the opposition inadmissible, he determines to what extent the debtor returned to better fortune (art. 265, para. 2). The judge can declare seizable assets belonging to a third party when the debtor has economically and that the right of the third party was formed by the debtor in recognizable intend by the third party to prevent a return to better fortune.
The debtor and the creditor may bring an action in finding of no return or return to better fortune in front of the judge of the Forum of the lawsuit within 20 days from the notification of the decision on opposition.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 265bE. Act of default of goods / 3. No bankruptcy at the request of the debtor, 3. Not declaring bankruptcy at the request of the debtor if the debtor opposed a lawsuit alleging failure to return to better fortune, it may require himself his bankruptcy (art. 191) for the duration of this lawsuit.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 266F. interim distributions F. interim distributions may be interim distributions at the end of the period to act in protest of the scheme of collocation.
Art. 263 applies by analogy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 267 G. receivables non produced G. not produced receivables receivables whose holders have not involved in bankruptcy are subject to the same restrictions as those for which an act of default of property was issued.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

VII. closing of bankruptcy art. 268 a. Rapport final and closing order A. final report and closing after the distribution, administration order present a final report to the judge who declared bankruptcy.
It closed after finding that the liquidation is completed.
If it appears to him that the administration of the bankruptcy give rise to representations, he actually went to the supervisory authority.
The office publishes the fence.

Art. 269 B goods discovered later B. property discovered later when the bankruptcy is closed, you discover property that escaped liquidation, the Agency takes possession, realizes and distributes the product without further formality between losers creditors, according to their rank.
So is the deposits which become available or which have not been removed within ten years.
Is this is a doubtful right, the office give notice to creditors by publication or by letter and is carried out in accordance with the provisions of art. 260. new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 270 C the bankruptcy deadline C. time limit for liquidation of bankruptcy bankruptcy is to be liquidated within a period of one year after its opening.
If necessary, the supervisory authority may extend the time.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Eighth title: receiver art. 271. case of receiver A. receiver case the creditor of a debt due and not guaranteed by pledge may request the seizure of the assets of the debtor located in Switzerland: 1. when the debtor has no domicile fixed; 2. When the debtor, with the intention to evade its obligations, done away with his property, fled or prepares his escape; 3. When the debtor is of passage or comes under the category of people who attend fairs and markets, if the debt is payable immediately due to its nature; 4. When the debtor does not live in Switzerland, and there is not another case of receiver, as long as the claim has a link with the Switzerland sufficient or that it is based on a recognition of debt within the meaning of art. 82, al. 1; 5. When the creditor has against the debtor an act of default of property interim or final; 6. When the creditor has against the debtor a title of final release.

In the cases set out in points 1 and 2, the receiver may be required for a debt unmatured; It makes the debt due to the debtor.
In the cases set out in para. 1, ch. 6, concerning a judgment rendered in a foreign State that applies the Convention of 30 October 2007 on jurisdiction, recognition and enforcement of decisions in civil and commercial, the statue also judge on statement of enforceability.

New content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
Introduced by art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
RS 0.275.12 new content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 272 B authorisation of receiver B. approval of receiver the receiver is authorized by the judge of the forum for the prosecution or the judge of the place where the goods, provided that the creditor makes likely: 1. that the debt exists; 2. that we're dealing with a case of receivership; 3. There are assets belonging to the debtor.

When the creditor is domiciled abroad and he has chosen to live in Switzerland, it is deemed domiciled at the prosecution office.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).


Art. 273C. liability in the event of unjustified receiver C. liability in the event of unjustified receiver the creditor responsible for the damage that an unjustified seizure may cause both the debtor to third parties. The judge may require him to provide security.
The damages action may also be brought to the Court of the receiver.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 274 D. receiving order D. receiving order judge charge the officer or any other officer or employee of execution of the receiver and shall to that effect a receiving order.
This order shall set out: 1. the name and domicile of the creditor of his representative, if any, and of the debtor; 2. the claim to which the receiver is operated; 3. the case of receivership; 4. the objects to sequester; 5. a statement that the creditor is responsible for the damage and the indication of the securities to provide.

New content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 275th. Execution of the receiver E. Execution of the art receiver. 91 to 109 of seizure apply by analogy to the performance of the receiver.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 276 f. minutes of receiver F. minutes receiving record of the receiver at the foot of the order is made. The minutes contain the designation of the objects and their value. It is passed immediately to the office of the prosecution.
The office of the prosecution to immediately notify a copy to the creditor and the debtor and informs third parties whose rights are affected by the receiver.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 277 g. collateral to be provided by the debtor G. collateral to be provided by the debtor sequestered goods are left to the free disposal of the debtor to load present in nature or value in case of seizure or declaration of bankruptcy and to provide for this purpose of security. These should be provided by deposit, solidarity bond or other equivalent security.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 278 h. Opposition to the receiving order H. Opposition to the receiving order whose rights are affected by a receiver may file opposition to the judge within ten days from that which it came to knowledge.
The judge shall hear the parties and shall act without delay.
The decision on opposition may be appealed within the meaning of the CPC. The parties may allege new facts.
The opposition and the appeal does not prevent the receiver to produce its effects.

New content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
RS 272 art. 279I. Validation of the receiver I. Validation of the receiver the creditor who did operate a receiver without prosecution or prior action must further or bring action within ten days from the receipt of the minutes.
If the form opposition debtor, the creditor must require the release of it or bring action in recognition of the debt within 10 days from the date to which the order to pay double has been notified. If the release request is denied, the creditor must sue within ten days from the notification of this decision.
If the debtor has not filed opposition, the creditor must require the continuation of the prosecution within twenty days from the date to which the order to pay double has been notified. If the opposition was ruled out, the period begins to run on the coming into force of the decision rejecting the opposition. The pursuit is continued by way of seizure or bankruptcy, depending on the quality of the debtor.
If the creditor brought the action in recognition of debt without prior prosecution, it must require the prosecution within 10 days from the notification of the judgment.
The time limits set by this article do not run: 1. during the opposition proceedings or during the appeal proceedings against the decision on opposition; 2. during the proceedings for a declaration of enforceability under the Convention of 30 October 2007 on the jurisdiction, recognition and enforcement of decisions in civil and commercial matters or during the appeal proceedings against the finding of enforceability.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
New content according to art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
RS 0.275.12 introduced by art. 3 No 2 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 280 k. lapse of the K. lapse of the receiver receiver Receiver effects cease when the creditor: 1. let flow the deadlines assigned to the art. 279; 2. Removes or let expire its action or its prosecution; 3. see his action permanently dismissed.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 281 l. Provisional Participation of the sequestrant seizures L. Provisional Participation of sequestering seizures when sequestered objects come to be seized by another creditor until sequestering it is time to operate the seizure, he attends full provisional seizure.
The receiver are charged on the proceeds of realization.
The receiver does not other rights of preference.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Ninth title: special provisions on the rent and rent art. 282 repealed by section II art. 3 Dec 15 Fla. 1989 amending the (lease) and lease CO, with effect from July 1. 1990 (RO 1990 802. disp. end of the kid. VIII and VIII; FF 1985 I 1369).

Art. 283 stock-taking to safeguard the rights of retention inventory for protection of the rights of retention of commercial premises lessor may require the Agency, even without prior prosecution, to protect temporarily in his right of retention (art. 268 and s. and 299b CO).
It can also, if there is danger in delay, request the assistance of the public force or the municipal authorities.
The Agency lists inventory subject to the right of retention and assigns to the lessor a delay to further in realization of pledges.

RS 220 new content according to chapter II art. 3 Dec 15 Fla. 1989 amending the CO (lease) and lease, in effect since July 1. 1990 (RO 1990 802. disp. end of the kid. VIII and VIII; FF 1985 I 1369).

Art. 284 reintegration of Reintegration with violence or property illegally take reasonable property can be reintegrated with the assistance of the public force, within ten days of their travel. Are reserved the rights of third parties in good faith. The judge decides if challenged.

New content of the sentence according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Title ninth: special provisions on relations of trust art. 284 a A. prosecution for debts of the heritage of a trust A. prosecution for debts of the heritage of a trust when the heritage of a trust within the meaning of chapter 9A pida answers of a debt, the prosecution must be directed against a trustee as a representative of the trust.
The Forum of the pursuit is the headquarters of the trust according to the art. 21, al. 3, PIDA. When the designated place of administration is not in Switzerland, the trust continued in the place where it is actually administered.
The pursuit continues through the bankruptcy. Bankruptcy is limited to the assets of the trust.

RS 291 art. 284b B. trustee bankruptcy B. bankruptcy a trustee in bankruptcy of a trustee, the assets of the trust is distracted mass bankrupt after deduction of claims of the trustee against this heritage.

Tenth title: Revocation art. 285 A principles A. principles the revocation is intended to submit to the execution property that him have been removed as a result mentioned in art. 286 to 288.
May request the revocation: 1. any creditor holder of a provisional or final act of default of goods after seizure; 2. the administration of the bankrupt or any creditor, individually in the case set out in art. 260 and 269, al. 3 are not removable legal acts which have been made during a bankruptcy stay, insofar as they have been endorsed by a judge of the concordat or by a Committee of creditors (art. 295 (a).


New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 286B. Different cases / 1. Gifts B. Different case 1. Gifts all donations and all available for free, with the exception of customary gifts, are revocable if they were made by the debtor in the year preceding the seizure or declaring bankruptcy.
Donations are considered: 1. the acts by which the debtor agreed to significantly less than the value of his performance; 2. the acts by which the debtor was in favour or to a third party a life annuity, a life maintenance, a usufruct or a right to housing.

In case of revocation of an act done in favour of a person close to the debtor, the onus is on that person to establish that there is no disproportion between the benefit and the consideration. Per person, include the companies comprising a group.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 287 B. Different cases / 2. Debt 2. Debt the following acts are revocable when made by a debtor debt distress in the year preceding the entry or opening of bankruptcy: 1. any provision of security for a debt which the debtor had not previously committed to ensure; 2. any payment made otherwise than in cash or values common; 3. any unmatured debt payments.

Revocation is excluded when one who took advantage of the Act establishes that he did not know or should know the insolvency of the debtor.
Revocation is particularly excluded where securities, securities or other financial instruments negotiated on a representative market are given safe and that the debtor meets one of the following conditions: 1. He was committed to complete safety in the event of changing the value of the security or debt guarantee; 2. It had been awarded the right to replace safety by a charge of the same value.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by section 4 of the annex to the Federal Act of 3 October. 2008 securities, in force since Jan. 1. 2010 (2009 3577 RO; FF 2006 8817).

Art. 288 B different cases / 3. DOL 3. DOL are finally revoked all acts made by the debtor in the five years preceding the seizure or bankruptcy in the recognizable intent by the other party to be injurious to its creditors or to promote some creditors over others.
In the event of revocation of an act done in favour of a person close to the debtor, the onus is on this person to establish that it could not recognize the intention to prejudice. Nobody close is also the companies comprising a group.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 288aB. different cases / 4. Computation of time 4. Calculation of deadlines do not enter the calculation of the time limits in the art. 286 at 288: 1. the duration of a bankruptcy stay prior to the commencement of the bankruptcy; 2. in cases where according to the rules of bankruptcy, the time passed since the day of death until the decision to liquidate; 3. the duration of the prior pursuit.

Introduced by chapter I of the Federal Act of 16 Dec. 1994 (RO 1995 1227; FF 1991 III 1). New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 289C. revocation Action / 1. For C. revocation Action 1. For the recall action is brought to the residence of the defendant. If the defendant has no domicile in Switzerland, the action may be brought to the Forum of the seizure or bankruptcy.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 290C. revocation Action / 2. Quality to defend 2. Quality to defend the recall action is brought against people who have dealt with the debtor or who received benefits on his part, against their heirs or their other successors by general title and against third parties in bad faith. It does not affect the rights of third parties in good faith.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 291. D effects D. effects those who took advantage of an Act No one is bound to return. What he paid is returned to him, as the thing is still in the hands of the debtor or that it is enriched. The surplus can be claimed from the debtor as a debt.
The creditor who has returned which was paid to him pursuant to a revocable Act enters its rights.
The donee in good faith is not required to return for the amount which it is enriched.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 292E. Prescription E. Prescription the right to bring the recall action is prescribed: 1. by two years from the notification of the Act of default of goods after seizure (art. 285, al. 2, c. 1); 2. by two years from the commencement of the bankruptcy (art. 285, para. 2, c. 2); 3. two years after approval of the concordat by abandonment of assets.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Title 11: Procedure Division I. stay bankruptcy art. 293 A introduction A. Introduction the bankruptcy procedure is introduced by: a. the debtor's request, accompanied by the following documents: an up-to-date balance, account of results and a cash flow plan, or other documents presenting the current state and future of its heritage, its results or its income as well as a plan interim remediation; b. the query of a creditor entitled to require the bankruptcy; c. transmission of the file provided for in art. 173, al.2.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 293aB. temporary reprieve / 1. Grant B. interim stay 1. Granting the concordat judge granted a temporary reprieve without delay and stop office measures to preserve the assets of the debtor. On request, it can extend the temporary reprieve.
The total duration of the stay cannot exceed four months.
The judge of the concordat pronounced office bankruptcy if there is clearly no prospect remediation or for approval of a concordat.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 293bB. temporary reprieve / 2. Interim Commissioner 2. Interim judge of the concordat Commissioner one or more interim Commissioners to analyze in depth the prospects remediation or for approval of a concordat. Art. 295 shall apply by analogy.
In cases where this is justified, he can renounce the appointment of an interim Commissioner.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 293cB. temporary reprieve / 3. Effects of the interim stay 3. Effects of the temporary reprieve the interim stay the same effect as the final sentence.
In cases where this is justified, it is possible to renounce publicly the interim stay until its expiry, provided that the protection of the interests of third parties be guaranteed and that such a request has been made. In this case: a. no communication is addressed to offices; (b) the debtor may be actionable, but not a continuation of prosecution; c. the consequence under art. 297, al. 4, deploys its effects that from the moment the temporary reprieve was communicated to the transferee; d. a temporary Commissioner should be appointed.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 293dB. temporary reprieve / 4. Means of appeal 4. Remedies for the provisional conditional and the appointment of an interim Commissioner cannot be appealed.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 294C. final sentence / 1. Hearing and decision C. final sentence 1. Hearing and decision

If, during the temporary reprieve, remediation or for approval of a concordat prospects appear, the judge of the concordat gives definitely suspended for four to six months; He statue of office before the expiration of the temporary reprieve.
The judge cited the debtor and, where appropriate, the judgement debtor to appear at a preliminary hearing. The Interim Commissioner reported orally or in writing. The judge can hear other creditors.
The judge pronounced office bankruptcy if there is no sanitation or for approval of a concordat perspective.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 295C. conditional final / 2. Commissioner 2. The judge of the concordat Commissioner appoint one or more Commissioners.
The Commissioner shall including the following: a. develop if necessary the concordat proposed; (b) to monitor the activity of the debtor; c. exercise the functions provided for in art. 298 to 302 and 304; d. back at the request of the judge of the concordat of interim reports and inform creditors about the course of the stay.

The concordat judge may assign other duties to the Commissioner.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 295aC. final reprieve / 3. Committee of creditors 3. Committee of creditors when the circumstances so require, the judge of the concordat shall appoint a Committee of creditors; the various categories of creditors should be fairly represented.
The creditors Committee monitors the activities of the Commissioner and may make recommendations. The Commissioner informs him at regular intervals of the progress of the procedure.
The creditors Committee permits instead of the judge of the concordat the acts referred to in art. 298, al. 2. introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 295bC. final reprieve / 4. Extension of stay 4. Extension of the stay at the request of the Commissioner, the stay may be extended up to 12 months and, in particularly complex cases, up to 24 months.
When the stay is extended beyond 12 months, the Commissioner shall convene a meeting of creditors, which must be held before the end of the ninth month following the granting of the final sentence. Art. 301 shall apply by analogy.
The Commissioner informs the creditors of the status of the procedure and the reasons for the extension. The creditors may establish or revoke a commission, admit or remove members and appoint a new Commissioner. Art. 302, al. 2, shall apply by analogy.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 295cC. definitive sentence / 5. Use 5. The debtor and creditors remedies against the decision of the judge of the concordat through the use, in accordance with the CPC.
The suspensive effect cannot be granted to an action brought against the decision to grant the bankruptcy stay.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
RS 272 art. 296C. final reprieve / 6. Publication 6. Publication the stay is made public by the judge of the concordat and communicated without delay to the prosecution office in the commercial register and the land registry. The bankruptcy stay is mentioned in the land register at least two days after it was granted.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 296aC. final reprieve / 7. Cancellation 7. Cancellation if sanitation is made before the expiration of the bankruptcy stay, the judge of the concordat cancels the stay of office. Art. 296 shall apply by analogy.
The judge cited the debtor and, where appropriate, the judgement debtor to appear at a hearing. The Commissioner reported orally or in writing. The judge can hear other creditors.
The decision annulling the sentence may be challenged through the appeal, pursuant to the CPC.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
RS 272 art. 296bC. final reprieve / 8. Opening of bankruptcy 8. Opening of bankruptcy bankruptcy is pronounced Office before the expiration of the sentence in the following cases: a. this measure is vital to preserve the assets of the debtor; b. There is clearly no prospect sanitation or approval of the concordat; c. the debtor contravenes art. 298 or orders of the Commissioner.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 297D. effects of the suspended / 1. D. effects of the 1 stay creditors rights. On the rights of the creditors no prosecutions may be exercised against the debtor for the duration of the stay, unless there is action in fulfilment of the pledge because of receivables secured by real estate collateral; such a pledge cannot in any case be achieved.
Art. 199, al. 2, applies by analogy to the seized property.
Composition claims cannot be subject to a receivership or other provisional measures.
The assignment of future debt entered into before granting a bankruptcy stay deploys no effect if the assigned receivable arises after the granting of the stay.
Except in an emergency, the bankruptcy stay has suspended civil trials and administrative procedures the composition claims.
Prescription or expiry time cease to run.
The stay stop against the debtor during the interests of any debt that is not guaranteed by pledge if the concordat does not otherwise provided.
The compensation is governed by arts. 213 and 214. The granting of the stay takes the place of opening of the bankruptcy.
Art. 211, al. 1, shall apply by analogy as soon as the Commissioner shall inform the contractor of the debt conversion.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 297aD. effects of the suspended / 2. On term contracts entered into by the debtor 2. On term contracts entered into by the debtor with the consent of the Commissioner, the debtor may cancel at any time, for an end to its convenience, a term contract, as long as the goal of sanitation is impossible to achieve without such denunciation; He shall indemnify the other Contracting Party. The compensation worth bankruptcy claim. The special provisions on the termination of employment contracts are reserved.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 298D. effects of the suspended / 3. On the rights of the debtor 3. On the rights of the debtor, the debtor may continue its activity under the supervision of the Commissioner. However, the judge of the concordat may prescribe that certain acts may not be validly accomplished only with the assistance of the Commissioner, or authorize the Commissioner to continue the activity of the company instead of the debtor.
Unless authorized by the judge of the concordat or the Committee of creditors, it is forbidden, under pain of nullity, to alienate or encumber the assets, to establish a pledge, surety and available free of charge for the duration of the stay.
The rights of third parties of good faith are reserved.
If the debtor contravenes this provision or orders of the Commissioner, the judge of the concordat may, on the report of it, remove the power to dispose of his property or open Office bankruptcy the debtor.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 299 E. Bankruptcy Procedure / 1. Inventory and estimation of wages E. Bankruptcy Procedure 1. Inventory and estimation of wages immediately after his appointment, the Commissioner shall draw up an inventory of the assets of the debtor and proceeds to their estimate.
The Commissioner is available to creditors the decision on the estimation of wages; he communicate in writing, before the meeting of creditors, secured creditors and the debtor.
Any interested person may apply to the judge of the concordat, in ten days and for costs, he proceeds to a new estimate pledges. When the new estimate has been requested by a creditor, it cannot claim reimbursement of costs to the debtor if the first estimate was significantly changed.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 300 E. Bankruptcy Procedure / 2. Call to creditors 2. Call to creditors the Commissioner invites the creditors by means of publication (art. 35 and 296) to indicate their claims within a period of one month, otherwise you may be excluded from discussions on the concordat. It addressed by simple fold a copy of the publication to all known creditors.
The Commissioner invites the debtor to decide on claims produced.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).


Art. 301 E. Bankruptcy Procedure / 3. Convening of the meeting of creditors 3. Convening of the meeting of creditors when the concordat draft had been established, the Commissioner summons by publication of the creditors ' meeting and let know them they can take knowledge of parts during the twenty days preceding the Assembly. It cannot take place until a month as soon as possible after publication.
The Commissioner addressed by simple fold a copy of the publication to all known creditors.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 301a to 301d repealed art. 302 f. F. meeting of creditors creditors meeting Commissioner presides over the Assembly of creditors and a report on the situation of the debtor.
The debtor is required to attend the meeting to provide the necessary information.
The concordat draft is submitted to the meeting of creditors for signature.
Repealed new content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 303 G. rights against the coobliges G. rights against the coobliges the creditor that has not acceded to the concordat retains all his rights against the coobliges, sureties and guarantors of the debtor (art. 216).
It is the same for one who adheres, provided that he has informed, at least ten days in advance, the day and place of the meeting, by offering to transfer his rights against payment (art. 114, 147, 501 CO).
The creditor can also, without prejudice to its use, to allow them to attend the proceedings themselves and rely on their decision.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
RS 220 art. 304 h. report of the Commissioner; publication of the probate hearing H. report of the Commissioner; publication of the hearing for approval before the end of the stay, the Commissioner shall transmit to the judge of the concordat all documents relating to the concordat. In its report, it reports already received statements of membership and recommends the granting or refusal of the concordat.
The judge of the concordat statue at short notice.
The date and place of the hearing are announced by publication. Opponents are advised that they can present themselves to assert their means of opposition.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

II. General provisions on the concordat art. 305 a. Acceptation A. acceptance by creditors creditors the concordat is accepted when, until the decision of approval, joined:. the majority of the creditors representing at least two thirds of the debts to be recovered; b. either one-quarter of the creditors representing at least three quarters of the debt to be recovered.

Preferred creditors and the spouse or the debtor's registered partner are counted for their person or reason for their claims. Claims secured by collateral account for the amount deemed non-guaranteed according to the estimation of the Commissioner.
The concordat judge decides whether and to what extent the claims disputed or subject to a suspensive condition or to an uncertain term should be counted; all subject to the judgments that may take place later.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
New content according to point 16 of the annex to the Federal Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
New name according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1). This mod has been taken throughout the text.
RS 3 3 art. 306 B homologation / 1. Conditions b. approval 1. Conditions the approval is subject to the following conditions: 1. the value of the services offered must be proportionate to the resources of the debtor, the judge of the concordat that can take into account goods that might expire; 2. full payment of preferred creditors recognized and execution of obligations during the delay time with the consent of the Commissioner should be a sufficient guarantee, unless each creditor has expressly renounced require one for his own claim; art. 305, al. 3, is applicable by analogy; 3. If ordinary concordat (art. 314, para. 1), holders of shares must pay a fair contribution to the reorganization of the debtor.

The judge of the concordat can supplement inadequate regulation office or at the request of a participant.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 306a b. certification / 2. Suspension of the realization of the mortgage 2. Suspension of the realization of the mortgage the concordat judge may, at the request of the debtor, suspend for one year maximum upon certification of the concordat the realization of an encumbered immovable of a pledge because of a claim prior to the introduction of the bankruptcy procedure, provided that the interests of mortgage debt are not unpaid for more than a year. However, the debtor must make it likely that the building is necessary for the operation of its business and that production could jeopardize its material situation.
Interested secured creditors are invited to present their written observations before the debate on the approval of the concordat (art. 304); they are personally summoned to the meeting of creditors (art. 302) and debates before the authority of concordat.
The suspension of the realization is lapses of right when the debtor alienates voluntarily pledge, if it is declared bankrupt or if he dies.
At the request of a creditor interested and after hearing the debtor, judge of the concordat shall revoke the suspension of the realization that it was ordered, when the creditor makes it likely: 1. that the debtor has obtained it by giving inaccurate information to the authority of concordat ou2. than his wealth or his income improved and that it can repay the debt without compromising his situation or material 3. that the realization of the mortgage lien is more likely to compromise the material situation of the debtor.

Art. 307 B homologation / 3. Use 3. Appeal the decision with respect to the approval can be attacked through the use, in accordance with the CPC.
The appeal has suspensive effect as far as the Court of appeal does not otherwise.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
RS 272 art. 308 B homologation / 4. Communication and publication of the judgment 4. Communication and publication of the judgment as soon as the decision with respect to the approval becomes enforceable: a. it is communicated without delay to the office of prosecution, the bankruptcy office, to the land registry, as well as to the commercial register if the debtor is on the list; b. it is made public.

The effects of the suspension cease as soon as the judgment becomes enforceable, new content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 309C. effects / 1. Refusal of registration C. effects 1. Refusal of approval when the concordat is not approved, the judge of the concordat pronounces the bankruptcy of office.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 310C. effects / 2. Probate / a. binding 2. Probate a. binding counterpart concordat is binding on all creditors whose claims were born before the granting of the stay, or during the stay without the approval of the Commissioner (Concordat receivables). Are excepted claims secured by a pledge real estate as they are covered by the guarantee.
The debts incurred during the stay with the consent of the Commissioner are debt of the mass in a concordat by abandonment of assets or a subsequent bankruptcy. Is true of the provisions arising from a contract, insofar as the debtor has received benefits under this contract with the consent of the Commissioner.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 311 C effects / 2. Probate / b. Extinction of prosecutions b. Extinction of the prosecution approval of the concordat extinguished all proceedings against the debtor before the stay, except those in realization of gage. Art. 199, al. 2, shall apply by analogy.

Art. 312 C effects / 2. Probate / c. invalidity of promises c. invalidity of promises is void of right any promise made by the debtor to one of its creditors in addition to the provisions of the concordat (art. 20 CO).

RS 220 art. 313. D Revocation of the concordat. D Revocation of the concordat any creditor may request the revocation of a tainted concordat of bad faith (art. 20, 28, 29 CO).
The art. 307 to 309 shall apply by analogy.

RS 220 III. Concordat ordinary art. 314 A content A. content

The concordat indicates to what extent creditors give up their claims, how the debtor will perform its obligations and, if necessary, securities that it will provide.
The bankruptcy dividend can consist, in whole or in part, of rights of participation or social rights that the creditor may exercise against the debtor company or a reprenante company.
The Commissioner or a third party may be responsible for the monitoring, management and liquidation necessary measures to ensure the execution of the concordat.

Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 315 B receivables contentious B. claims disputed homologating the concordat, the judge assigned to creditors whose claims are contested within 20 days to bring action to the Court of the concordat, under penalty of losing their right to the guarantee of dividend.
Disputed claims-related dividends are paid by the debtor to the Fund of deposits and consignments until the final judgment, if ordered by the judge of the concordat.

Art. 316 C revocation of the concordat in respect of a creditor C. Revocation of the concordat in respect of a creditor, any creditor can request the revocation of a tainted concordat of bad faith.
Art. 307 applies by analogy.

In German texts "Wird einem Glaubiger version der Nachlassvertrag non standards, so kann er beim Nachlassrichter fur seine promotion die verlangen Nachlassvertrages Hegelian, ohne seine rights should zu loses." and Italian "Ogni creditore riguardo al quale non sia stato adempito he Chatila Può, senza pregiudizio dei diritti che questo gli assicura, domandare al giudice del Chatila revoca per he suo credito.» To read in french "all creditor in respect of which the concordat is not running can do pronounce the revocation by the judge of the concordat for what concerns, while keeping the new rights acquired under the concordat.".

IV. composition by abandonment of assets art. 317 A principle A. principle the concordat by abandonment of assets can give creditors the right to dispose of the property of the debtor, or may consist in the transfer to a third party of all or part of these goods.
Creditors exercise their rights through liquidators and a Committee of creditors, elected by the Assembly to pronounce on the concordat. The Commissioners to stay may be liquidators.

Art. 318 B B. content the concordat should include provisions on: 1. the waiver of the creditors to the part of the claim which is not covered by the proceeds of the liquidation of the assets, or the price of the transfer of these assets to a third party or precise regulation of rights reserved to this subject; 2. the appointment of the liquidators and the number of members of the Committee of creditors, as well as the demarcation of responsibilities; 3. the mode of liquidation of assets, as it is not regulated by law, as well as the mode and guarantees of execution of the transfer if the goods are transferred to a third party; 4. the bodies other than the official leaves in which publications intended for the creditors need to be done.

The bankruptcy dividend can consist, in whole or in part, of rights of participation or social rights that the creditor may exercise against the debtor company or a reprenante company.
When the concordat does not cover all of the assets of the debtor, it will show exactly the necessary distinctions.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).
Introduced by chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

Art. 319 C effects of C. effects of approval approval when approval of the concordat by abandonment of assets has become final, the debtor no longer has the right to dispose of his property and the power of signature of former beneficiaries is off.
If the debtor is registered in the commercial register, there are be added to his name the words "in bankruptcy liquidation. The mass may be continued under this reason for debts that are not included in the concordat.
The liquidators do all necessary acts to conservation and to the realization of the mass or, if it is necessary, to the transfer of assets.
They represent the mass to justice. Art. 242 applies by analogy.

Art. 320 D. Situation of the liquidators D. Situation of the liquidators of the liquidators are subject to the supervision and control of the Committee of creditors.
Decisions of the liquidators regarding the realization of assets may be challenged before the Committee of creditors and the pronouncements of the commission may be referred to the supervisory authority within ten days of the communication.
The art. 8 to 11, 14, 34 and 35 apply also by analogy to the management of the liquidators.

Art. 321 E. Determination of the creditors the right to participate in the distribution of E. Determination of the creditors entitled to participate in the distribution to determine who will participate in the distribution of the proceeds of liquidation and fix their rank, the liquidators stand - without making a new appeal to the creditors and simply referring to books and productions - a scheme of collocation which will be made available to creditors.
The art. 244 to 251 shall apply by analogy.

Art. 322 f. realization / 1. In general f. Output 1. Generally the goods component assets are, generally speaking, made separately or in bulk. The realization is done through collection or sale if it claims and by private sale or public auction in the case of other property.
The liquidators set mode and the moment of realization, in agreement with the commission of the creditors.

Art. 323 f. realization / 2. A 2 gage encumbered property. Buildings subject to a pledge except in the case where goods are transferred to a third party, the encumbered property of a pledge cannot be sold over-the-counter by the liquidators only with the consent of those of secured creditors that the selling price is not enough to satisfy. Otherwise, such property cannot be achieved only by way of public auction (art. 134 to 137, 142, 143, 257 and 258). The scheme of collocation (art. 321) is decisive for the existence and the level of charges (easements, land charges, mortgage, annotated personal rights) that put a strain on them.

Art. 324 f. realization / 3. Movable wages 3. Movable wages wealthy movable pledge creditors are not required to hand them over to the liquidators. Unless otherwise provided by the concordat which includes a stay, they can achieve their wages, at a time that is appropriate, either through continued in realization of collateral, or, if the Constitution of pledge authorized, by means of a forward sale or a sale on the stock market.
If it is in the interest of the mass that a pledge is made, the liquidators may outsource the pledgee six months at least to the realization. They are at the same time, under threat of penalties provided by law (art. 324, ch. 4, CP), the pledgee who does not act within that period to hand them the pledge and it is advised that failing and unless sufficient excuse, he forfeits his right of preference.

RS 311.0 art. 325 f. realization / 4. Assignment of claims of creditors 4. Assignment of claims of creditors if the liquidators or the creditors Committee waive a claim challenged or difficult to recover, including to a recall action or an action for damages against the bodies or employees of the debtor, they will inform the creditors by circular or official publication and will give them the assignment of these claims, in accordance with art. 260 of this Act.

Art. 326 G. Distribution of funds / 1. Table of distribution G. Distribution of funds 1. Table of distribution prior to any distribution, even temporary, the liquidators will establish a distribution table, which they will send an extract to each of your creditors. They will hold this table at their disposal for ten days. Within that period, the said table may be the subject of a complaint to the supervisory authority.

Art. 327 G. Distribution of funds / 2. Overdraft in the event of debt secured by pledge 2. Discovered in the case of debt secured by pledge secured creditors whose wages have already been made at the time of the filing of a provisional distribution table participate in the interim allocation for the amount of the actual overdraft. This amount is determined by the liquidators, whose decision may be contested only by the complaint under art. 326. If at the time of the interim distribution table, the pledge has not yet been realized, the pledgee will participate in the distribution for the presumed of the overdraft amount, according to the estimate of the Commissioner. If the pledgee establishes that the proceeds of the realization of the pledge was less than the estimate, he has right to the dividend and corresponding payments.
If the proceeds of the realization of the pledge, added to the already affected interim dividends, exceeds the amount of the claim, the pledgee is required to return the surplus.


Art. 328 G. Distribution of funds / 3. Final account 3. Final account with the final panel, the liquidators will drop a final bill also including list of fees.

Art. 329 G. Distribution of funds / 4. Deposit 4. Deposit the dividends that will have not been collected within the time fixed by the liquidators shall be deposited with the deposits and consignments Fund.
Dividends that will have not been collected within the period of ten years will be distributed by the office of bankruptcy; art. 269 shall apply by analogy.

Art. 330 h. activity report H. activity report once complete liquidation, the liquidators shall prepare a final report. They shall submit to the approval of the Supervisory Board that transmits it to the judge of the concordat, which keeps it available to creditors.
If hard bankruptcy more than a year, the liquidators will be required to draw up to December 31 of each year a State of liquid assets and still unrealized property, and a report on their activity. In the first two months of the following year, they will communicate this report and this report to the judge of the concordat through the Committee of creditors and put at the disposal of the creditors.

Art. 331 I. Revocation of legal acts I. Revocation of legal acts the legal acts of the debtor before approval of the concordat are subject to revocation, in accordance with the principles set out in art. 285 to 292.
The granting of the bankruptcy stay is critical, instead the entry or opening of bankruptcy, for the calculation of time according to the art. 286 to 288.
Insofar as they allow to exclude claims in whole or in part, recovery claims of the mass must be opposed by way of exception to the claims by the liquidators.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

V. Concordat in the procedure of bankruptcy art. 332. the debtor or a creditor may propose a concordat. The administration of the bankruptcy submitted with the notice to creditors, who deliberate in their second meeting at the earliest.
The art. 302 to 307 and 310 at 331 shall apply by analogy. The administration fills the functions attributed to the Commissioner. The realization is suspended until the concordat judge ruled on approval.
The judgment on the concordat is transmitted to the administration; in case of approval, revocation of bankruptcy is requested by the judge who pronounced.

New content according to chapter I of the Federal Act of 21 June 2013, in force since Jan. 1. 2014 (2013 4111 RO; FF 2010 5871).

VI. settlement of the debts art. 333 1. Request of the debtor 1. Application of any debtor debtor, not subject to bankruptcy, may apply to the judge of the concordat to get a settlement.
The debtor must present in its application the State debts and income as well as his net worth.

Art. 334 2. Reprieve, a Commissioner 2. Reprieve, a Commissioner when a settlement with creditors is not excluded to start and if the costs of the proceedings are guaranteed, the judge gives the debtor a stay of three months at the most and to appoint a Commissioner.
On application by the Commissioner, the stay may be extended up to six months at most. It may also be revoked before the deadline, when it is clear that a settlement can be achieved.
No prosecutions may be exercised against the debtor for the duration of the stay, except for periodic contributions in respect of maintenance and food arising from the family law. The time limits for the art. 88, 93, al. 2, 116 and 154 are suspended.
The judge's decision is communicated to the creditors; art. 294, al. 3 and 4, shall apply by analogy.

Currently 'art. 295c ".

Art. 335 3. Functions of the Commissioner 3. Functions of the Commissioner the Commissioner assists the debtor in the development of a regulation. The debtor may particularly offer creditors a dividend or a moratorium and request any measures intended to facilitate the payment of capital or interest.
The Commissioner conducted talks with creditors to accept proposals for a settlement of the debtor.
The judge of the concordat can load the Commissioner to monitor the implementation of the regulation.

Art. 336 4. Report with the bankruptcy stay 4. Report with the bankruptcy stay in case of subsequent bankruptcy procedure, the period of suspension according to art. 333 and following is posted on one of the bankruptcy stay.

Title 12: stay extraordinary art. 337 A application A. Application in extraordinary circumstances, particularly in the case of persistent economic crisis, the cantonal government may, with the consent of the Federal Government, declare the provisions of this title apply, for a fixed term, debtor to a certain territory who are affected by these circumstances.

Art. 338 B grant / 1. Conditions B. grant 1. Conditions the debtor who, as a result of the extraordinary circumstances provided for in art. 337, lies, without his fault, out of State to meet its obligations, may require the concordat a judge suspended extraordinary six months at most, if the circumstances allow to hope that the reprieve expired, it can pay its creditors in full.
He must join his request supporting documents of his situation of fortune and the list of creditors, give all information required by the judge of the concordat, and produce all documents that might be requested.
If the debtor is subject to further through the bankruptcy, it must also join the query its balance sheet and its books.
After the filing of the petition, the judge of the concordat may, as a provisional measure, suspend the proceedings, except those concerning the claims referred to in art. 342. it determines if the duration of the stay of proceedings is to be posted on the extraordinary stay and to what extent.

Art. 339 B grant / 2. Decision 2. Decision the judge of the concordat takes additional information still considered necessary, then, if the stay application seems not immediately unjustified, it shall fix the date of the hearing to which all creditors are summoned by publication; He is Assistant to the need for experts.
If the list of creditors filed by the debtor indicates a number relatively small creditors and that the judge of the concordat worthy of faith, the public notice of creditors, deposits and co-debtors may be replaced by a personal summons.
The creditors may consult the file prior to the hearing; They also have the ability to put in writing their objections against the request for a stay.
The judge of the concordat statue at short notice. It may, in granting the stay, upon the debtor payment of one or more instalments.

Art. 340 B grant / 3. Use 3. Use the debtor and each creditor may challenge the decision through the use of the meaning of the CPC.
The debtor and the creditors who were present or represented at first instance are cited in the discussions of the higher court.
The extraordinary stay granted in the first instance takes effect until the final decision of the Appeals Board.

New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
RS 272 new content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
New content according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 341 B grant / 4. Security measures 4. Security measures the judge of the concordat orders, by granting the stay, a stocktaking. The art. 163 and 164 shall apply by analogy. The judge may take any other measures to safeguard the rights of the creditors.
It may, in granting the stay, load a Commissioner to supervise the management of the debtor.

Art. 342 B grant / 5. Communication of decision 5. Communication of the decision the decision granting the stay is communicated to the office of the prosecution and, if the debtor is subject to further through the bankruptcy, the bankruptcy judge. It is published as soon as it became enforceable.

Art. 343 C effects of extraordinary stay / 1. On prosecution and C. effect of the extraordinary stay 1 time. On proceedings and deadlines for the duration of the stay, proceedings may be taken against the debtor and continued until the seizure or the communication of bankruptcy. Before wages are also cashed in during the stay. It is the same for rents and rents, as they are understood in the collateral under a required Chase before or during the stay. However, no follow-up can be given to a sale requisition or a requisition of bankruptcy.
The time limits in the art. 116, 154, 166, 188, 219, 286, 287 and 288 are extended for the period of suspension. It is the real guarantee for the interests of receivables secured by real estate collateral (art. 818, para. 1, ch. 3, CC).

SR 210 art. 344 C effects of extraordinary stay / 2. On power of disposition of the debtor / has. In general 2. On power of disposition of the debtor has. In general

The debtor is allowed to continue his business, but he is forbidden to do during the period of suspension of the legal acts which adversely affect the legitimate interests of creditors or encourage some of them to the detriment of others.

Art. 345 C effects of extraordinary stay / 2. On power of disposition of the debtor / b. Under the decision of the judge of the concordat b. Under the decision of the judge of the judge of the concordat concordat may, in granting the stay, ruling that the debtor cannot validly, without the consent of the Commissioner or, in the absence of a Commissioner, without the consent of the judge, alienate or encumber real property, constitute wages, surety, have free of charge, nor make payments on debts born prior to stay. However, consent is not required for the payment of debts of the second class in accordance with art. 219, al. 4, and for the payment of the instalments referred to in art. 339, al. 4. If the judge, in granting the stay, formulates this reserve, it will indicate in the publication and the stay will be mentioned in the land register as the restriction on the right to alienate.

Art. 346 C effects of extraordinary stay / 3. Claims not affected by stay 3. Claims not affected by stay the stay does not apply to claims below 100 francs, or claims colloquées first class (art. 219, al. 4).
These claims, however, cannot lead, during the period of suspension, to the pursuit by way of seizure or realization of collateral, even if the debtor is subject to the prosecution by way of bankruptcy.

Art. 347 D. extension D. extension within the time limit set in accordance with art. 337, at the request of the debtor, the judge of the concordat can extend by four months the relief granted to it, when the grounds for granting remain without the fault of the debtor.
The debtor must enclose with his request one addition to the list of creditors and, if it is subject to further through the bankruptcy, a new record.
The judge of the concordat communicates the request for extension to the creditors, by publication, by assigning a delay to assert in writing their means of opposition. If a Commissioner has been designated, it is invited to present a report.
After the expiration of the time limit, the judge of the concordat makes its decision. It can be appealed to as the extraordinary stay and must be published under the same conditions as this one.
The higher court decides on the face of the record.

Art. 348 E. Revocation E. Revocation of the concordat judge must pronounce the revocation of the suspension at the request of a creditor or of the Commissioner: 1. when the debtor does not punctually the payments that have been taxed; 2. When he violates the instructions of the Commissioner, against the legitimate interests of creditors or promotes some of them at the expense of others; 3. When a creditor provides evidence that the indications given to the judge of the concordat by the debtor are false or that the debtor is able to fulfill all of its obligations.

The debtor is heard or invited to comment in writing. The judge of the concordat and the appeal body decide by the record after taking, where appropriate, additional information. The revocation was published in the same conditions as for the conditional.
If probation is revoked pursuant to the ch. 2 or 3 above, it cannot be given bankruptcy reprieve or another extraordinary stay.

New content of the sentence according to ch. II 17 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 349 F report with the suspended bankruptcy F. report with the bankruptcy stay if the debtor intends to seek a concordat for the duration of the extraordinary stay, accompanied by concordat of parts project and the notice of the Commissioner must be submitted before the end of the stay.
In the six months following the expiration of the sentence, it cannot be given bankruptcy reprieve or another extraordinary stay.
The debtor who withdrew his application for a special stay or whose application has been rejected may not present new query before six months.

Art. 350 repealed by no I of the Federal Act of 21 June 2013, with effect from Jan 1. 2014 (2013 4111 RO; FF 2010 5871).

Title 13: final provisions art. 351. Entrée A. entry into force the present law comes into force on January 1, 1892.
However art. 333 will take effect with the insertion of the law on the collection of laws of the Confederation.
Upon entry into force of this Act, the contrary provisions of federal law, cantonal legislation and the concordats will be repealed, except the exceptions resulting from the articles below.

Art. 352 B publication B. Publication. the federal Council is responsible, in accordance with the provisions of the Federal law of June 17, 1874, on the popular on laws and federal decrees votes, to publish this Act.

[RS 1 162; RO 1962 827 art. 11 al. 3 RO 1978 688 art. let 89. [b] final provisions of the amendment of December 16, 1994, art. 1 a. Dispositions A. implementing the federal Council, the federal court rules and the cantons enact the implementing provisions.

Art. 2B. transitional provisions B. transitional provisions rules of procedure provided by this Act and its implementing provisions apply, upon their entry into force, to the ongoing proceedings, in so far as they are compatible with them.
The length of the periods that started running before the entry into force of the present law is governed by the old law.
The privileges provided by the former law (arts. 146 and 219) apply the pronounced bankruptcies and foreclosures executed before the entry into force of this Act.
The claim of the woman is collocated in a special class that is located between the second and the third class, in the following cases: a. when the spouses continue to live under the regime of union of assets or the external regime of community of property according to the art. 211 and 224 CC in its content of 1907; b. when the spouses are living under the regime of participation in the acquests according to art. 9 c of the TTR. CC in its content of 1984.

The prescription of claims established by acts of default assets issued before the entry into force of this Act begins to run upon entry into force of the.

SR 210 art. 3 C referendum C. Referendum Act is subject to optional referendum.

Art. 4 D. entry into force D. entry into force the federal Council fixed the date of the entry into force.

Final provision of the amendment of 24 March 2000 the privileges provided by the former law (arts. 146 and 219) apply pronounced bankruptcy, seizures executed and Concordat deferments granted before the entry into force of this Act.

Final provision of the amendment of December 19, 2003 the privileges provided by the old law apply to bankruptcies pronounced executed seizures and the Concordat granted reprieve before the entry into force of this amendment.

Final provision of the amendment of June 17, 2005 the federal court enforcement orders that not materially detract from the new law remain in force until their repeal or their modification by the federal Council.

Transitional provision of the amendment of June 18, 2010 the privileges provided by the old law apply to bankruptcies pronounced executed seizures and the Concordat granted reprieve before the entry into force of this amendment.

Transitional provision of the amendment of June 21, 2013 the bankruptcy procedure is governed by the earlier right when the request for a stay was filed before the entry into force of the amendment of June 21, 2013.
Table of contents A. districts of pursuit and bankruptcy art. 1-1. Organization art. 2-2. Compensation art. 3 C mutual assistance art. 4 C procedures having a material connection between art. 4a 1. Principle art. 5-2. Prescription art. 6-3. Jurisdiction of the Tribunal federal art. 7-1. Held, probative and rectification art. 8-2. Right of consultation art. 8A F. filing species and objects of price art. 9 g. challenge art. 10 h. prohibited acts art. 11 I. payments in the hands of the office of the proceedings art. 12. Designation art. 13 b. Inspections and disciplinary measures art. 14-2. Federal Council art. 15 L. Emoluments art. 16-1. At the authority of surveillance art. 17-2. At the higher supervisory authority art. 18-3. The Tribunal federal art. 19 4. Possible prosecution for currency effects art. 20 5. Proceedings before the cantonal authorities art. at 20, 6. Decision art. 21 n. annulment of measures art. 22 1. Judicial authorities art. 23 2. Cases of deposits art. 24-3. … Art. 25-4. Effects of public law of the unsuccessful seizure and bankruptcy art. 26 5. Professional representation art. 27 P. Information on the cantonal Organization art. 28 Q.... Art. 29 a. Special Procedures of performance arts. 30 s. law and international treaties international private art. 30a 1. In general art. 31 2. Observing art. 32 3. Change and return art. 33A actions filed in electronic form art. 33a 1. Written and electronic art. 34 2. By publication art. 35 C effect suspensive art. 36 d. Definitions art. 37 a. Objet of the pursuit and modes of action art. 38

1 scope of application art. 39 2. Duration of the effects of registration in the register of trade art. 40 C continued in realization of gage art. 41 D. pursuit by way of seizure art. 42 E. Exceptions to the pursuit by way of bankruptcy art. 43 1. Realization of items confiscated art. 44 2. Pawnshop art. 45. For ordinary pursuit art. 46 art. 47 1. For the place of stay art. 48 2. For pursuit of an estate art. 49 3. For pursuit of a debtor domiciled abroad art. 50-4. For the location of the art thing 51 5. For the receiver art. 52 C for the pursuit in case of change of domicile art. 53. D For the bankruptcy of the debtor on the run art. 54 E. principle of unity of the bankruptcy art. 55 a. principles art. 56. duration art. 57 b. duties of information on the part of third art. 57A c. guarantee of the mortgage lien art. 57b d. art inventory. 57 c e. Revocation by the judge art. 57(d) f. military Service, civil service or civil protection of the legal representative art. 57th 2. Death art. 58 3. For the debts of the estate art. 59 4. As a result of imprisonment art. 60 5. In the event of serious illness of the debtor article 61 6. In case of epidemic or public disaster art. 62 c. effect on the course of time art. 63 A. Individuals art. 64B. To corporations, companies and estates not shared art. 65 C. The debtor domiciled abroad or when notification is impossible art. 66. A Réquisition prosecution art. 67 B costs of the proceedings art. 68. A Notification of debt. Opposition art. 68 (B) provisions a special art. 68b 1. Debtor minor art. 68(c) 2. Major debtor subject to a measure of protection of the adult art. 68d 3. Limitation of liability art. 68 1. Contents art. 69 2. Writing art. 70 3. Time of notification article 71 4. Form of notification article 72 B presentation of evidence art. 73 1. Time limit and form art. 74 2. Grounds art. 75 3. Communication to the creditor art. 76 4. Late opposition in case of change of creditor art. 77 5. Effects art. 78 1. Through the civil or administrative proceedings art. 79. title of release art. 80 b. Exceptions art. 81. Conditions art. 82 b. effects art. 83 4. Procedure of release art. 84 1. In summary proceedings art. 85 2. In ordinary or simplified procedure art. 85 has F. Action in the recovery of art. 86 g. prosecution in realization of pledges and for currency effects art. 87 art. 88 1. Time art. 89 2. View art. 90 3. Duties of the debtor and the third art. 91 4. Exempt property art. 92 5. Income relatively understandable art. 93 6. Seizure of crops pending art. 94A. In general art. 95 (b) claims against the spouse or registered partner art. B. effects of the seizure article 95A 96 C estimate. Scope of the seizure art. 97 1. For property art. 98 2. For claims art. 99 3. For other rights. Recovery of claims art. 100 a. Annotation in the land register art. 101 b. fruit and products art. 102. c harvest fruit art. 103 5. For the Commons art. 104 6. Costs of conservation of seized art. 105 1. Reference and communication art. 106 a. In the case of exclusive possession of the debtor article 107 b. In the case of possession or copossession of the third art. 108 c. For art. 109 1. In general art. 110 2. Privileged participation art. 111 1. Writing art. 112 2. Add-ons art. 113 3. Notification to the creditors and the debtor art. 114 4. Report of seizure worth as Act of default of goods art. 115-1. Period art. 116 2. Quality to require art. 117 3. In the case of provisional seizure art. 118 4. Effects art. 119 5. Notice to the debtor art. 120 6. Extinction of the pursuit of art. 121 a. In general art. 122 (b) stay of production art. 123 c. early production art. 124. measures preparatory art. 125. award. Principle of sufficient supply art. 126 c. waiver to achieve art. 127 d. objects in precious metal art. 128 e. method of payment and consequences of default art. 129 3. Sale of OTC art. 130 4. Assignment of receivables art. 131 5. Special procedures for making art. 132 6. Challenges to implementing art. 132a 1. Period art. 133. deposit art. 134 b. content article 135 c. payment art. 136 d. term for payment art. 137. Publication. Production of rights art. 138 b. notice to concerned art. 139 (c) treatment of the statement of expenses. Estimate art. 140 d. stay at auction art. 141 e. Double a price art. 142 4. Auction. Principle of sufficient supply. Waiver to achieve art. a 142, 5. Consequences of default art. 143 6. Additional provisions art. a 143, 7. Sale of OTC art. 143b 1. Moment. How to do art. 144 2. Supplementary seizure art. 145. rank of creditors art. 146 b. deposit art. 147 c. Action in protest art. 148. deliverance and effects art. 149 b. limitation and cancellation art. a 149, 5. Return of the debt art. 150. Réquisition pursuit art. 151 1. Content. Notice to tenants and farmers art. 152 2. Writing. Situation of the third-party owner of the collateral art. 153 C opposition. Cancellation of the notice to the tenants and farmers art. 153a D. time limits for making art. 154 1. Introduction art. 155 2. Performance arts. 156 3. Distribution art. 157 4. Lack of pledge certificate art. 158 1. Time art. 159 2. Contents art. 160 3. Notice art. 161 1. Decision art. 162 2. Performance arts. 163. duties of the debtor art. 164 b. duration art. 165 1. Period art. 166 2. Exit art. 167 3. S. bankruptcy hearing 168 4. Responsibility for the cost of bankruptcy art. 169 5. Provisional measures art. 170-1. Declaration art. 171 2. Rejection of the requisition of bankruptcy art. 172 a. For suspension of the prosecution or grounds for nullity art. 173 b. In the event of a bankruptcy or special stay or office art. 173a 3. Procedure followed by the supervisory authority of financial markets art. b 173, 4. Use art. 174 E. time of declaring bankruptcy art. 175 f. Communication of court decisions art. 176 a. Conditions art. 177 B command to pay arts. 178-1. Time limit and form art. 179 2. Communication to the creditor art. 180 3. Transmission to judge art. 181 4. Admissibility art. 182 5. Inadmissibility. Provisional measures art. 183 6. Notification of the decision. Time for suit in the case art. 184 7. Use art. 185 8. Effects of opposition declared admissible art. 186 (D) Action to recover art. 187 E. Requisition of bankruptcy art. 188 f. bankruptcy art. 189 A. At the request of the creditor art. 190 B. At the request of the debtor art. 191 C. Office art. 192 D. estate repudiated or insolvent art. 193 E. Procedure art. 194 A. In general art. 195 B. In the case of succession repudiated art. 196 1. In general art. 197 2. Fully recovered pledge art. 198 3. Property seized or sequestered art. 199 4. Purpose of revocation art. 200 5. Bearer securities and values to order art. 201 6. Assignment of receivables or restitution of the price art. 202-7. Right of withdrawal of the seller art. 203 B inability of the bankrupt to have art. 204 C payments in the hands of the bankrupt art. 205 D. proceedings against the bankrupt art. 206 E. Suspension of civil trials and administrative procedures art. 207. Exigibilité debt art. 208 B course interest art. 209 C receivables subject to conditions art. 210 d Conversion of receivables art. 211 d-term contracts art. 211 E. entitled to termination of seller art. 212 1. Conditions art. 213 2. Protest art. 214 1. Bonds art. 215 2. Simultaneous bankruptcies of several coobliges art. 216 3. Deposit paid by a co-authorised the bankrupt art. 217 4. Simultaneous bankruptcy of the general partnership, limited partnership and their partners art. 218 h. order of creditors art. 219 I. report of classes between them art. 220 inventory Art. a. Prise 221 B duty to inform and to return the objects of art. 222 C measures of security art. 223 strict necessity property art. 224 1. Furniture art. 225 2. Property art. 226 f. estimate art. 227 G. statement of the bankrupt on stock art. 228. Cooperation of the bankrupt. Assistance in favour art. 229 1. In general art. 230 2. Repudiated estate and legal persons art. 230A K. Liquidation article summary 231. A Publication art. 232 B. special notice to creditors art. 233 C case special art. 234 1. Constitution and quorum art. 235 2. Lack of quorum art. 236. Designation of the administration and of a monitoring commission art. 237 b. Resolutions of emergency art. 238 4. Complaint against decisions art. 239 1. Tasks in general art. 240 2. Situation of special administration art. 241 3. Claims of third parties and mass art. 242 4. Collection of receivables. Realization of emergency art. 243 Examen productions art. 244 B decision art. 245 C receivables registered office art. 246-1. Hotel art. 247 2. Waived claims art. 248 3. Filing statement of collocation and special notice to creditors art. 249 4. Challenge the scheme of collocation art. 250 5. Late productions art. 251 1. Call art. 252 2. Powers art. 253 3. Lack of quorum art. 254 B. subsequent meetings of the creditors art. 255 C decisions proposed by circulars art. 255a D. embodiments art. 256-1. Publication art. 257 2. Award art. 258 3. Terms of auction art. 259 f. assignment of rights art. 260 a. Tableau and final account art. 261 B costs of proceedings art. 262 C filing of the table of distribution and the final account art. 263 (D) Distribution of money art. 264 1. Content and effects art. 265

2 realization of the return to better fortune article a 265, 3. No declaration of bankruptcy at the request of the debtor art. 265b F. distributions temporary art. 266 G. receivables not produced art. 267 a. Rapport final and closing order art. 268 B goods later discovered art. 269 C deadline for the liquidation of bankruptcy art. 270. A case of receiver art. 271 B receiver authorization art. 272 C liability for unjustified receiver art. 273 D. receiving order art. 274 E. Execution of the receiver art. 275 f. minutes of receiver art. 276 g. collateral to be provided by the debtor art. 277 h. Opposition to the receiving order art. 278 I. Validation of the receiver art. 279 K. lapse of the receiver art. 280 l. Provisional Participation of the sequestrant seizures art. 281 art. 282 inventory for protection of rights of retention article 283 reinstatement of property art. 284. Poursuite for debts of the heritage of the company art. 284 has B. bankruptcy a trustee art. 284b a. principles art. 285 1. Gifts art. 286 2. Over-indebtedness art. 287 3. Fraud art. 288 4. Computation of time art. a 288, 1. For art. 289 2. Quality to defend art. 290 d. effects art. 291 E. Prescription art. 292 a. Introduction art. 293 1. Grant art. 293a 2. Interim Commissioner art. 293b 3. Effects of the interim stay art. 293c 4. Legal remedies art. 293d 1. Hearing and decision art. 294 2. Commissioner art. 295 3. Committee of creditors art. a 295, 4. Extension of the stay art. b 295, 5. Use art. 295c 6. Publication art. 296 7. Cancellation art. at 296, 8. Opening of bankruptcy art. 296b 1. On the rights of the creditors art. 297 2. On term contracts entered into by the debtor art. 297a 3. On the rights of the debtor art. 298 1. Inventory and estimation of wages art. 299 2. Call to creditors art. 300 3. Convening of the meeting of creditors art. 301... Art. a 301-301d F. meeting of creditors art. 302 G. rights against the coobliges art. H. 303, report of the Commissioner; publication of the hearing for approval art. 304. Acceptation by creditors art. 305 1. Conditions art. 306 2. Suspension of the realization of the mortgage article a 306, 3. Use art. 307 4. Communication and publication of the judgment art. 308 1. Refusal of registration art. 309 a. binding art. 310 b. Extinction of the proceedings art. 311 c. nullity of the Art. promises 312. D Revocation of the concordat art. 313 a. content art. 314 B claims disputed art. 315 C revocation of the concordat in respect of a creditor art. 316 a. principle art. 317 B content art. 318 C effects of registration art. D. Situation of the liquidators Art. 319 320 E. Determination of the creditors the right to participate in the distribution of art. 321 1. In general art. 322 2. Real estate secured a pledge art. 323 3. Hitman movable art. 324 4. Assignment of claims of creditors art. 325 1. Switchboard art. 326 2. Overdraft in the event of debt secured by pledge art. 327 3. Final account art. 328 4. Deposit art. 329 h. report of activity art. 330 I. Revocation of legal acts art. 331 art. 332-1. Request of the debtor art. 333 2. Reprieve, a Commissioner art. 334 3. Functions of the Commissioner art. 335 4. Report with the bankruptcy stay art. 336 a. Application art. 337 1. Conditions art. 338 2. Decision art. 339 3. Use art. 340 4. Security art. 341 5. Communication of the decision art. 342 1. On prosecution and time art. 343 a. In general art. 344 b. Under the decision of the judge of the concordat art. 345 3. Claims not affected by stay art. 346 d. extension art. 347 E. Revocation art. 348 f. report with the bankruptcy stay art. 349 s. 350. Entrée art. 351 B publication art. 352. Dispositions art. 1B provisions transitional art. 2 C referendum art. 3 D. entry into force art. 4 RO 11 488 and RS 3 3 abbreviation introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
[RS 1-3]. At the disp. mentioned is currently the art. 122, al. 1 of the CSE of 18 April 1999 (RS 101).
New content according to chapter I of the Federal Act of 24 March 2000, in force since Jan. 1. 2001 (RO 2000 2531; FF 1999 8486 8886).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Ch. V. introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Formerly ch. VI.
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Formerly before art. 88. formerly before art. 88. new content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Formerly before art. 231. introduced by art. 3 AF on Dec. 20. 2006 establishing the approval and implementation of the Conv. Hague relating to the Federal Act applicable to the trust and recognition, in effect since July 1. 2007 (2007 2849 RO; FF 2006 561).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
Introduced by section IV of the Federal Act of April 3, 1924 (RO 40 379; FF 1921 I 579). New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
New numbering system according to section V of the Federal Act of April 3, 1924 (RO 40 379; FF 1921 I 579). New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RO 1995 1227; FF 1991 III 1 2000 2531 RO; FF 1999 8486 8886 2004 4031 RO; FF 2003 5811 5819 rectified by the CdR of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10).
2006 1205 RO; FF 2001 4000 2010 4921 RO; FF 2009 7215 7225 2013 4111 RO; FF 2010 5871 status January 1, 2016

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