Key Benefits:
This Law regulates the procedure applicable before the cantonal courts:
International Treaties and the Federal Law of 18 December 1987 on Private International Law (LDIP) 1 Are reserved.
Unless otherwise provided by law, the organization of the courts and the conciliation authorities is the responsibility of the cantons.
1 The cantonal law determines the substantive and functional jurisdiction of the courts, unless otherwise provided by law.
2 If the subject matter depends on the disputed value, it shall be calculated in accordance with this Law.
1 The cantonal law establishes the court responsible for ruling in a single cantonal court on:
2 That court is also competent to rule on the provisional measures required before lis pendens.
1 The cantons may establish a special court which acts as a single cantonal court on trade disputes (Commercial Court).
2 A dispute is considered commercial under the following conditions:
3 The plaintiff may act either before the court of commerce or before the ordinary court, if all the conditions are fulfilled, but only the defendant is registered in the Swiss trade register or in an equivalent foreign register.
4 The cantons may also award the Commercial Court:
5 The Commercial Court is also competent to rule on the provisional measures required before lis pendens.
The cantons may establish a court which rules as the single cantonal body on disputes relating to insurance supplementary to social insurance in accordance with the Federal Act of 18 March 1994 on health insurance 1 .
1 A forum is imperative only if the law expressly provides for it.
2 The parties may not derogate from an imperative.
1 Except as otherwise provided in this Law, the forum shall be:
2 Home is determined according to the Civil Code (CC) 2 Art. 24 CC is not applicable.
1 Where the defendant has no domicile, the forum is that of his habitual residence.
2 A person has his or her habitual residence at the place where they live for a certain period of time, even if the duration is limited from the outset.
3 If the defendant does not have a habitual residence, the court of competent jurisdiction is that of his last known place of residence.
The court of the domicile or the seat of the defendant or the place where he has his place of business or his branch shall have jurisdiction to rule on actions arising out of the commercial or professional activities of an establishment or a branch.
Unless otherwise provided by law, it is absolutely necessary to order provisional measures:
1 A counterclaim may be made in the forum for the main action when it is in a connection with the parent application.
2 This forum remains even if the principal claim is liquidated for any reason.
1 Where the action is brought against a number of consorts, the court with jurisdiction in respect of a defendant shall be brought against each other, unless its jurisdiction is based only on an election of for.
2 Where several claims with a related connection are raised against the same defendant, each court of competent jurisdiction to decide on one of them is for the whole.
The court competent to rule on the main action shall also rule on the appeal in question.
1 Unless otherwise provided by law, the parties may agree on a forum for the resolution of a present or future dispute arising out of a specified law relationship. Unless otherwise provided, the action may be brought only before the forum elected.
2 The agreement must be in the written form or by any other means by which it can be established by a text.
Unless otherwise provided by law, the court seised shall be competent when the defendant proceeds without prejudice to jurisdiction.
Unless otherwise provided by law, the court or the authority of the domicile or the seat of the applicant is absolutely competent to rule on cases within the jurisdiction of the competent court.
The court of the domicile or the seat of one of the parties shall have jurisdiction to decide:
The court of the last known domicile of a disappeared person is absolutely competent to rule on requests for the declaration of death or absence (art. 34 to 38 CC 1 ).
The court in whose jurisdiction the data of the civil status to be amended have been or should have been registered is imperatively competent to rule on the actions in amendment of the register.
1 The court of the domicile of one of the parties is absolutely competent to rule on applications and actions based on the right of marriage and on requests for provisional measures.
2 The court of the debtor's domicile is absolutely competent to rule on requests for the separation of assets from the supervisory authority in relation to the prosecution of debts and the bankruptcy.
The court of the domicile of one of the parties is absolutely competent to rule on requests and actions relating to registered partnership as well as requests for provisional measures.
The court of the domicile of one of the parties is absolutely competent to rule on the action for recognition or challenge of filiation.
The court of the domicile of one of the parties is absolutely competent to rule on independent actions in maintenance by children against their father and mother and actions brought against parents who are required to provide food.
The court of the domicile of one of the parties is absolutely competent to rule on the claims of the unmarried mother.
1 The court of the last domicile of the deceased is competent to rule on the estate shares and on the liquidation of the matrimonial regime following the death of one of the spouses or of one of the registered partners.
2 The authorities of the last domicile of the deceased are absolutely competent to rule on measures in relation to devolution. If the death does not occur in the home, the authority of the place of death shall communicate the fact to the authority of the home and take the necessary measures to ensure the conservation of the property at the place of death.
3 Independent actions relating to the inheritance of an agricultural operation or building may also be brought before the court of the place where the object is situated.
1 The court of the place where a building is or should be registered in the land register shall have jurisdiction to decide:
2 The court of the domicile or the seat of the defendant may also decide on the other actions relating to rights in the building.
3 Where the action concerns several buildings or a building registered in several districts, the court of the place where the building having the largest surface area or the largest area of the building is located shall be competent.
4 The court of the place where a building is or should be registered in the land register is imperatively competent to rule on cases of jurisdiction granted for real property rights.
1 The court of the domicile or the seat of the defendant or the court of the place where the property is situated shall have jurisdiction to rule on the actions relating to movable real rights, possession and secured claims.
2 In cases falling within the jurisdiction of the court, the court of the domicile or the seat of the applicant or of the place of situation of the property is imperatively competent.
The court of the domicile or the seat of the defendant or of the place where the characteristic performance must be carried out shall have jurisdiction to decide on the actions resulting from a contract.
1 In the case of disputes concerning contracts concluded with consumers, the forum is:
2 Contracts with consumers are deemed to be contracts relating to a current consumption benefit intended for the personal or family needs of the consumer and which has been offered by the other party in the course of its activity Professional or commercial.
The court of the place where the building is situated shall have jurisdiction to decide on actions based on a rent or on-farm lease contract.
1 The court of the domicile or the seat of the defendant or of the place where the worker habitually carries out his or her professional activity is competent to rule on actions under the right to work.
2 The court of the place of the commercial establishment of the lessor of the service or intermediary with which the contract has been concluded is also competent to decide on the actions of applicants for employment or workers under the law of 6 October 1989 on the employment service and the hiring of services 1 .
1 Cannot give up the fors provided for in art. 32 to 34 before the birth of the dispute or by tacit acceptance:
2 The election of for concluded after the birth of the dispute is reserved.
The court of the domicile or the seat of the injured party or of the defendant or the court of the place of the act or of the outcome of the act or the court of the defendant or defendant shall have jurisdiction to rule on actions based on an unlawful act.
The court of the domicile or the seat of the defendant or of the place where the measures have been ordered is competent to rule on actions for damages resulting from unjustified provisional measures.
1 The court of the domicile or the seat of the defendant or the place of the accident shall have jurisdiction to decide on actions resulting from motor vehicle or bicycle accidents.
2 In addition to the courts mentioned in para. 1, the court of the head office of a branch of the defendant is competent to rule on actions brought against the national insurance office (art. 74 of the Act of 19 Dec. 1958 on Road Traffic, CRL 1 ) Or the national guarantee fund (art. 76 LK).
The jurisdiction of the criminal court to rule on civilian findings is reserved.
The court of the domicile or the seat of the defendant or the head office of the company shall have jurisdiction to rule on liability actions based on company law.
1 Repealed by c. II 1 of the PMQ of 28. 2012, with effect from 1 Er May 2013 ( RO 2013 1103 ; FF 2011 6329 ).
The court of the seat of one of the subjects involved is competent to rule on the actions under the Act of 3 October 2003 on the merger 1 .
1 The court of the head office of the company is absolutely competent to rule on the cancellation of shares.
2 The court of the place where a building is registered in the land register is imperatively competent to rule on the cancellation of real estate securities.
3 The court of the domicile or the seat of the debtor is absolutely competent to rule on the cancellation of other securities or insurance policies.
4 The court of the place where the payment must be made is absolutely competent to rule on the prohibition on the payment of exchange effects and cheques and on their cancellation.
The court having jurisdiction over the place to allow the meeting of creditors to be convened is determined by virtue of s. 1165 CO 1 .
The court of the seat of the holder of the authorisation concerned is absolutely competent to rule on the actions brought by the investors or by the representative of the investor community.
1 Judges and judicial officials recuse themselves in the following cases:
2 It does not constitute grounds for objection, in particular, to participation in the following procedures:
The magistrate or judicial official concerned shall report in due time a possible grounds for recusal and recuse when he considers that the ground is being fulfilled.
1 A party seeking the challenge of a judge or judicial officer shall apply to the court as soon as it becomes aware of the reason for the objection. It must make the facts that motivate its application plausible.
2 The judge or judicial official concerned shall decide on the request for recusal.
1 If the grounds for objection are contested, the court shall decide.
2 The decision may be appealed.
1 Proceedings involving a person who is required to recuse must be cancelled and renewed if a party so requests within 10 days after the person has been informed of the reason for the objection.
2 Non-renewable probationary measures may be taken into account by the court.
3 If a ground for objection is found only after the closure of the procedure, the provisions on the revision shall apply.
Everyone involved in the proceedings must comply with the rules of good faith.
1 The parties have the right to be heard.
2 In particular, they shall have the right to consult the file and to obtain a copy thereof, provided that there is no overriding public or private interest therein.
1 The debates and possible oral communication of the judgment are public. Decisions must be made publicly available.
2 The cantonal law determines whether the proceedings are public.
3 A total or partial lock-up may be ordered where the public interest or an interest worthy of protection by one of the participants in the proceedings so requires.
4 Family law procedures are not public.
1 The parties allege the facts on which they base their claims and produce the relevant evidence.
2 The provisions for the establishment of the facts and the administration of ex officio evidence are reserved.
The court shall call upon the parties when their acts or statements are unclear, contradictory, imprecise or manifestly incomplete and give them the opportunity to clarify and supplement them.
The court applies the right of ex officio.
1 The court shall deal only with applications and applications which satisfy the conditions of admissibility of the action.
2 These conditions include the following:
The Court shall examine ex officio whether the conditions of admissibility are fulfilled.
Where the parties have entered into an arbitration agreement in respect of an arbitral dispute, the court seised shall decline jurisdiction, except in the following cases:
1 The proceedings shall be instituted by the filing of the request for conciliation, the application or the application in court, or the joint motion for divorce.
2 A certificate of filing of the document instituting the proceedings shall be issued to the parties.
1 If the document instituting the proceedings withdrawn or declared inadmissible on grounds of incompetence is reintroduced within one month of the withdrawal or the declaration of inadmissibility before the competent court or conciliation authority, the proceedings shall be Deemed to have been introduced on the date of the first filing of the act.
2 The same applies where the application has not been filed in accordance with the prescribed procedure.
3 The legal action periods for the SQ 1 Are reserved.
1 In particular, lis pendens shall have the following effects:
2 Where a period of private law is based on the date of the filing of the application, the opening of the action or another document instituting proceedings, the decisive moment shall be the beginning of the lis pendens within the meaning of this Law.
The applicant who withdraws his action before the competent court may not reintroduce him or her against the same party and on the same subject as if the court did not notify the defendant or if the defendant had accepted the withdrawal.
The ability to be a party is subject to either the enjoyment of civil rights or the quality of a party under federal law.
1 The exercise of civil rights confers the capacity to sue.
2 The person who does not exercise civil rights shall act through his or her legal representative.
3 The person who does not have the exercise of civil rights may, insofar as it is capable of discernment:
1 Any person who is capable of legal proceedings may be represented at the trial.
2 Are authorized to represent the parties in a professional capacity:
3 The representative must justify his or her powers by a power of attorney.
4 The court may order the personal appearance of the parties represented.
1 If a party is manifestly incapable of proceeding on its own, the court may invite him to commit a representative. If the party fails to comply with the injunction within the prescribed period, the court shall designate one.
2 The court shall notify the competent authority where protective measures appear to be appropriate. 1
1 New content according to the c. 3 of Annex 2, in force since 1 Er Jan 2013 ( RO 2010 1739 ; FF 2006 6841 ; RO 2011 725; FF 2006 6635).
1 The parties to a law report which is only capable of a single decision must act or be jointly operated.
2 The acts of procedure performed in good time by one of the consorts apply to those who have not acted, with the exception of the declarations of appeal.
1 Persons whose rights and duties result from similar facts or legal foundations can act or be jointly operated.
2 Simple consents are excluded when the causes are different procedures.
3 Each consort can proceed independently of the others.
The consorts may make a common representative. As long as no representative is appointed, notifications are sent to each consort.
1 A person who claims to have a better right which totally or partially excludes that of the parties may act directly against them before the court of first instance before the dispute.
2 The court may either suspend the proceedings until the action of the principal intervener is the subject of a judgment entered into force or join the two cases.
Any person who makes it possible to have a legal interest in a dispute during a trial in favour of one of the parties may, at any time, intervene in an ancillary manner and present to the court a request for intervention to that effect.
1 The request for intervention shall indicate the reason for the intervention and the party in favour of which it is filed.
2 The court shall rule on the motion after hearing the parties. The decision may be appealed.
1 The intervener may carry out all the pleadings which are compatible with the state of the trial which are relevant to the main part of which he supports the case; in particular, he may assert all the means of attack and defence, as well as his Recourse.
2 The actions of the intervener shall not be considered if they contradict the determinations of the main party.
A result unfavourable to the main party shall be effective against the intervener, except in the following cases:
1 A party may denounce the proceeding to a third party when it considers, in the event that it is succumbing, that it could assert claims against it or be the subject of its claims.
2 The accused person may, in turn, denounce the proceedings.
1 The denunciation may:
2 If the denunciation refuses to intervene or does not act upon denunciation, the trial follows its course.
Art. 77 shall apply mutatis mutandis.
1 The denunciation may call into question the denunciation before the court seised of the principal claim by asserting the claims which he considers to have against him in the event that he succumbed.
2 The appellant in question cannot, in turn, call a third party in question.
3 The appeal in question is not allowed in a simplified procedure or in summary proceedings.
1 The application for admission of the appeal in question must be lodged with the reply or with the reply in the main proceedings. The denunciation sets out the conclusions he intends to take against the called in question and gives them brief reasons.
2 The court gives the other party an opportunity to speak.
3 If the appeal in question is allowed, the court shall determine the time and extent of the exchange of written entries; s. 125 is reserved.
4 The decision to admit the appeal in question may be appealed.
1 Where the disputed object is disposed of in the course of proceedings, the acquirer may resume the trial instead of the withdrawing party.
2 The substituting part responds to all costs. The party withdrawing from the trial shall show solidarity with the costs incurred up to the substitution.
3 At the request of the opposing party, the judge may, if necessary, order the resumption of security in the execution of the decision.
4 In the absence of alienation of the object of the dispute, the substitution of party is subject to the consent of the opposing party; the special provisions providing for the succession of a third party to the rights or obligations of the parties shall be reserved.
1 The plaintiff takes a wrong action to get the defendant to do, to refrain from doing or to tolerate something.
2 The action for the payment of a sum of money must be encrypted.
1 If the plaintiff is unable to articulate the amount of his claim, or if such an indication cannot be demanded at the outset, he may bring an unencrypted claim. It must, however, indicate a minimum value as a provisional disputed value.
2 Once the evidence is given or the information requested by the defendant, the applicant must encrypt his application as soon as he is in a position to do so. The jurisdiction of the court seised is upheld, even if the disputed value exceeds its jurisdiction.
A divisible claim is susceptible to partial action.
The applicant initiates a formative action to obtain the creation, modification or dissolution of a right or a specified rights report.
The plaintiff takes legal action in order to have a court declare the existence or non-existence of a right or report of law.
1 Associations and other organisations of national or regional importance which are entitled under their statutes to defend the interests of a particular group of persons may, on their own behalf, act for the infringement of the Personality of the members of this group.
2 They may require the judge to:
3 The special provisions on the right of action of organisations are reserved.
The plaintiff may combine several claims against the same defendant in the same action, provided that:
1 The value of the dispute is determined by the finding. The interest and costs of the current procedure or possible publication of the decision and, where appropriate, the value resulting from the subsidiary findings shall not be taken into account.
2 Where the action does not relate to the payment of a specified amount of money, the court shall determine the disputed value if the parties are unable to reach agreement on this point or if the value they claim is manifestly erroneous.
1 Periodic income and benefits have the value of the capital they represent.
2 If the duration of the periodic income and benefit is indeterminate or unlimited, the capital shall consist of the annual amount of the income or benefit multiplied by twenty; if it is life annuities, the amount of the capital corresponds to its value Refreshed.
1 In the case of simple consents or cumulation of shares, the claims shall be added together, unless they are not mutually exclusive.
2 In the case of simple consents, the type of procedure for each claim is maintained, despite the addition of the disputed values.
1 Fees include:
2 Legal fees include:
3 Costs include:
The cantons set the tariff of costs.
The court shall inform the party who is not assisted by a lawyer on the probable amount of the costs 1 And legal aid.
The court may require the plaintiff to compete for all the alleged costs.
1 The plaintiff must, at the request of the defendant, provide in the following cases security rights in order to pay the costs:
2 The necessary consorts are required to provide security only if one of the above conditions is fulfilled for each of them.
3 There is no need to provide security:
1 Security rights may be provided in cash or in the form of security of a bank established in Switzerland or an insurance company licensed to practice in Switzerland.
2 They can be increased, reduced or eliminated by the court.
1 The court shall specify a time limit for the provision of advances and security rights.
2 It may order provisional measures before the supply of security rights.
3 If advances or security rights are not provided at the end of an additional period, the court shall not enter into the application or request.
1 Each party advances the administrative costs of the evidence it requires.
2 Where the parties require the same means of proof, each party shall advance half of the costs.
3 If the advance is not provided by one party, it may be provided by the other party, otherwise the evidence is not administered. The administration of evidence in cases in which the court must establish the facts of its own motion is reserved.
Decisions concerning advance fees and security rights may be appealed.
1 The court shall rule on costs as a general rule in the final decision.
2 In the event of an incidental decision (Art. 237), the costs incurred up to that point can be allocated.
3 The decision on the costs of the provisional measures may be referred to the final decision.
4 In the event of referral of the case, the higher court may delegate the apportionment of costs of the appeal proceedings to the previous court.
1 Judicial costs shall be fixed and allocated ex officio.
2 The court fixes the costs according to the tariff (s. 96). The parties may file a fee.
1 The costs are borne by the losing party. The losing party is the plaintiff when the court does not enter the matter and in the event of an abandonment of action; it is the defendant in the event of acquiescence.
2 Where none of the parties is fully successful, the costs shall be apportioned according to the outcome of the case.
3 Where several persons participate in the trial as principal or accessory parties, the court shall determine the share of each person at the expense of the trial. It may hold them jointly and severally liable.
1 The Court may depart from the general rules and apportion costs according to its discretion in the following cases:
2 Court costs which are not attributable to the parties or to third parties may be charged to the canton if the equity so requires.
Unnecessary costs shall be borne by the person who has caused them.
1 Parties who deal in court shall bear the costs in accordance with the transaction.
2 Art. 106 to 108 are applicable in the following cases:
The decision on costs can be contested separately only by means of an appeal.
1 Legal fees are offset against advances provided by the parties. The person to whom the charge is charged shall pay the remaining amount.
2 The party responsible for the costs shall return to the other party the advances which it has provided and pay the costs which have been allocated to it.
3 The provisions on legal aid are reserved.
1 There is no award of costs in conciliation proceedings. The compensation by the canton of the Office of the Legal Board is reserved.
2 There is no legal fee for:
There are no legal fees charged in the proceedings on the merits:
Legal costs may, even in the free proceedings, be borne by the party who proceeded in a reckmore or bad faith manner.
A person is entitled to legal assistance under the following conditions:
1 Legal assistance includes:
2 Legal assistance may be granted in whole or in part.
3 It does not exempt the opposing party from paying the costs.
1 The request for legal assistance may be made before or during lis pendens.
2 The applicant justifies his wealth and income and sets out the case and the means of evidence which he intends to rely on. It may indicate in its request the name of the legal council it wishes.
3 The court shall rule on the request for summary proceedings. The opposing party may be heard. It will always be so if legal aid deals with the provision of collateral for the payment of costs.
4 Judicial assistance is exceptionally granted with retroactive effect.
5 Judicial assistance must be the subject of a new application for the appeal procedure.
6 There is no legal fee for the legal aid procedure, except in cases of bad faith or reckless behaviour.
The court will withdraw legal aid when the conditions of grant are no longer fulfilled or if it turns out that they have never been met.
Decisions refusing or withdrawing fully or partially legal aid may be appealed.
1 Where the party for the benefit of the legal aid is unsuccessful, the costs shall be liquidated as follows:
2 Where the party for the benefit of the legal aid is successful, the legal counsel of the court shall be paid fairly by the canton if the costs cannot be obtained from the other party or are not Likely not. The canton is subrogated to the amount paid from the day of payment.
1 The court conducts the trial. It shall take the training decisions necessary for a speedy preparation and conduct of the procedure.
2 The conduct of the trial may be delegated to one of the members of the court.
3 The court may in any case attempt to reconcile the parties.
In order to simplify the trial, the court may include:
1 The court may order the suspension of proceedings if there are grounds for expediency. The procedure may, in particular, be suspended when the decision depends on the fate of another trial.
2 The suspension order may be appealed.
1 Where related actions are pending before different courts, any court seised at a later date may refer the action to the court first seised with the agreement of that court.
2 The order for reference may be appealed.
1 Any person who, in the course of the proceedings before the court, infringes or interferes with the conduct of the proceedings shall be punished with a censure or a disciplinary fine of at most 1,000 francs. The court may also order the expulsion of the person concerned from the hearing.
2 The court may require the assistance of the police.
3 The party or its representative who use bad faith or reckless processes shall be punished with a disciplinary fine of up to 2000 francs at most; the fine shall be no more than 5000 francs in the event of re-offending.
4 The disciplinary fine may be appealed.
The proceedings shall be conducted in the official language of the canton in which the case is judged. The cantons which recognise several official languages regulate their use in the procedure.
1 Acts shall be addressed to the court in the form of paper or electronic documents. They must be signed.
2 When transmitted electronically, the document containing the document and the attachments must be certified by the electronic signature of the sender. The Federal Council determines the format of the document.
3 The court may require that the act and attachments transmitted by electronic means be produced in paper form.
A copy of the acts and documents that exist on paper is filed for the court 1 And one copy for each opposing party; failing that, the court may grant the party additional time or make copies for the party's expenses.
1 The court shall set a time limit for the correction of defects such as the absence of signature or of power of attorney. Failing this, the act is not taken into account.
2 L' al. 1 also applies to unreadable, inappropriate, incomprehensible or verbose acts.
3 Unfair or procedural acts are referred back to the sender.
The quote indicates:
Except as otherwise provided by law, the citation shall be sent at least ten days before the date of appearance.
The court may refer the date of appearance for sufficient reasons:
The court shall notify the persons concerned in particular:
When the party is represented, the acts shall be notified to its representative.
1 Citations, orders and decisions shall be notified by registered mail or otherwise against acknowledgement of receipt.
2 The act shall be deemed to have been notified when it has been given to the addressee, to one of its employees or to a person at least sixteen years of age living in the same household. The order given by the court to notify the addressee personally is reserved.
3 The act is also deemed to have been notified:
4 Other acts may be notified by regular mail.
1 Acts may be notified electronically with the consent of the person concerned.
2 The Federal Council regulates the modalities.
The court may order parties whose domicile or seat is abroad to elect a domicile for notification in Switzerland.
1 The notification shall be effected by publication in the official cantonal paper or in the Official Swiss Trade Sheet:
2 The act shall be deemed to have been notified on the day of publication.
1 The time-limits triggered by the communication or the occurrence of an event run the day after the event.
2 When a period is fixed in months, it shall expire on the day of the last month corresponding to the day on which it began to run. In the absence of such a date, it expires on the last day of the month.
3 If the last day is a Saturday, a Sunday or a statutory holiday recognized by federal law or the cantonal law of the seat of the court, the period shall expire on the first working day following.
1 The acts must be submitted no later than the last day of the deadline, either to the court or to the Swiss post or to a Swiss diplomatic or consular representation.
2 Where an act is transmitted electronically, the time limit shall be respected if the computer system corresponding to the official e-mail address of the court confirms its receipt on the last day of the deadline at the latest.
3 A payment to the court shall be made within the prescribed period when the amount is paid in favour of the court to the Swiss post or debited from a bank or postal account in Switzerland on the last day of the period at the latest.
1 Statutory deadlines cannot be extended.
2 Time limits fixed judicially may be extended for reasons sufficient, where the request is made before the expiry of the time limit.
1 The legal time limits and the time limits laid down shall not run:
2 The suspension of time limits does not apply to:
3 The parties are attentive to the exceptions set out in para. 2.
4 The provisions of the FA 1 On the public holidays and the suspension of proceedings is reserved.
1 A party fails to do an act of procedure within the prescribed time limit or fails to appear when the party is summoned to appear.
2 The procedure follows its course without taking into account the defect, unless otherwise provided for by law.
3 The court makes the parties attentive to the consequences of the default.
1 The court may grant additional time or cite the parties to a new hearing where the defaulting party makes the request and makes it likely that the defect is not attributable to it or is attributable only to a minor fault.
2 The request shall be made within 10 days after the date on which the cause of the defect has disappeared.
3 If a decision has been communicated, restitution may be required only within six months after the decision has been entered into force.
The court shall give the opposing party the opportunity to express and decide definitively the restitution.
1 The evidence has as its object the relevant and contested facts.
2 The proof may also relate to the use, local uses and, in economic disputes, foreign law.
The well-known or well-known facts of the court and generally accepted rules of experience must not be proved.
1 Any party has the right to the court to administer the appropriate means of evidence on a regular and timely basis.
2 The court shall take into consideration the means of evidence obtained in an unlawful manner only if the interest in the manifestation of the truth is paramount.
1 The court shall administer the evidence ex officio when the facts have to be established ex officio.
2 It may administer them ex officio where there are reasonable grounds to doubt the veracity of an undisputed fact.
Evidence orders are issued prior to the administration of evidence. They shall, in particular, designate the means of evidence admitted and determine for each fact the burden of proof or counter-proof. They can be modified or completed at any time.
1 The administration of evidence may be delegated to one or more members of the tribunal.
2 A party may request for fair reasons that the evidence be administered by the court that determines the case.
3 The parties have the right to participate in the administration of evidence.
The court shall order measures to prevent the administration of evidence from affecting the interests of the parties or third parties, including trade secrets.
The Court shall establish its conviction by a free assessment of the evidence administered.
1 The court shall administer the evidence at any time:
2 The provisions on provisional measures shall apply.
When a legal entity is a party to the trial, its organs are treated as a party in the procedure for the administration of evidence.
1 Parties and third parties are required to cooperate in the administration of evidence. In particular, they have the obligation:
2 The court shall decide freely on the duty to cooperate with minors. It takes into account the child's good.
3 Third parties who have an obligation to cooperate are entitled to a fair compensation.
1 New content according to the c. I 4 of the PMQ of 28. 2012 on the adaptation of disp. Procedure relating to the professional secrecy of lawyers, in force since 1 Er May 2013 ( RO 2013 847 ; FF 2011 7509 ).
2 RS 935.62
1 The court shall render the parties and third parties aware of their obligation to cooperate, their right to refuse to cooperate and the consequences of the defect.
2 It shall not take into account the evidence administered if the parties or third parties have not been informed of their right to refuse to cooperate, unless the person concerned consents or his refusal to cooperate has been unjustified.
The court may not infer a legitimate refusal to cooperate with a party or a third party that the alleged fact is proven.
1 A party may refuse to cooperate:
2 Custodians of other secrets protected by law may refuse to cooperate if they make it likely that the interest in secrecy outweighs the interest in the manifestation of the truth.
If a party refuses to cooperate without good cause, the court shall take this into account when assessing the evidence.
1 Have the right to refuse to collaborate:
2 The registered partnership is assimilated to marriage.
3 The half-brothers and half-sisters are treated as brothers and sisters.
1 New content according to the c. 3 of Annex 2, in force since 1 Er Jan 2013 ( RO 2010 1739 ; FF 2006 6841 ; RO 2011 725; FF 2006 6635).
1 Any third party may refuse to cooperate:
2 Holders of other rights to keep the secrecy that are protected by law may refuse to cooperate if they make it likely that the interest in secrecy outweighs the interest in the manifestation of the truth.
3 The special provisions of the social insurance law relating to the communication of data are reserved.
1 Where a third party unjustifiably refuses to cooperate, the court may:
2 In the event of default, the third party carries the same consequences as if he refused to cooperate without good cause.
3 The third party may appeal the decision of the court.
Any person who does not have the status of party can testify on the facts of which he or she has had a direct perception.
1 Witnesses are summoned to appear before the court.
2 The court may authorize the parties to bring witnesses without having been summoned to appear.
3 The hearing may take place at the witness's place of residence. The parties are informed in due course.
1 The witness is first urged to answer in accordance with the truth; if he is at least fourteen years old, he is attentive to the criminal consequences of the false testimony (art. 307 CP 1 ).
2 Each witness is questioned outside the presence of the other witnesses; the confrontation is reserved.
3 The witness must speak freely; the court may authorize the witness to use written documents.
4 The court prohibits witnesses from attending other hearings as long as they retain the quality of a witness.
The court asks the witness:
The parties may request that additional questions be asked of the witness or ask the witness themselves with the consent of the court.
Witnesses may be confronted with each other and with the parties.
Where a witness has special knowledge, the court may also question him for the purpose of assessing the facts of the case.
1 The substance of the statements shall be recorded in the minutes, which shall be read or given to the witness for reading and signed by the witness. The supplementary questions of the parties that have been rejected are also referred to the minutes at the request of a party. 1
2 Depositions may also be recorded on magnetic tape, video or any other appropriate technical means.
3 If, during the debates, the depositions are recorded by technical means within the meaning of para. 2, the court or the member of the court to whom the administration of evidence is delegated may waive the reading of the record to the witness or give it to the witness for reading and to have it signed. The records must be kept on file and kept with the record. 2
1 New content according to the c. I 1 of the PMQ of 28. 2012 (Disp. Relating to the drafting of the minutes), in force since 1 Er May 2013 ( RO 2013 851 ; FF 2012 5281 5293).
2 Introduced by ch. I 1 of the PMQ of 28. 2012 (Disp. Relating to the drafting of the minutes), in force since 1 Er May 2013 ( RO 2013 851 ; FF 2012 5281 5293).
Titles are documents, such as writings, drawings, plans, photographs, films, sound recordings, electronic files and similar data to prove relevant facts.
The party invoking a title must prove its authenticity if the opposing party disputes it on the basis of sufficient grounds.
The public registers and the authentic titles shall constitute evidence of the facts as long as it has not been established that their content is incorrect.
1 A copy of the title may be produced in place of the original. The court or the parties may require the production of the original or a certified copy where there are reasonable grounds to doubt the authenticity of the title.
2 Where elements of a voluminous document are relied on as evidence, they must be reported.
1 The court may, at the request of a party or ex officio, conduct an inspection, for the purpose of finding facts directly or acquiring a better knowledge of the cause.
2 The court may cite witnesses or experts in the inspection.
3 The object to be inspected is produced in proceedings when it can be transported to the court without difficulty.
The inspection shall be recorded. The latter shall be accompanied, where appropriate, by plans, drawings, photographs or other technical media of representation.
1 The court may, at the request of a party or ex officio, request expertise from one or more experts. It presides over the parties.
2 The grounds for disqualification of judges and judicial officials are applicable to experts.
3 When the court makes use of the special knowledge of one of its members, it shall inform the parties so that they can determine the matter.
1 The expert is urged to respond in accordance with the truth; he must file his report within the prescribed time limit.
2 The court shall pay close attention to the criminal consequences of a false report within the meaning of s. 307 CP 1 And breach of the secrecy of function within the meaning of s. 320 CP, as well as the consequences of a failure or a lacunary performance of the mandate.
3 The expert is entitled to remuneration. The decision on the matter may be appealed.
1 The court shall hear the expert and submit, in writing or orally at the hearing, the matters referred to the expert.
2 It gives the parties an opportunity to express their views on the issues that are subject to expertise and to propose that they be amended or supplemented.
3 The court shall make available to the expert the acts required by the expert and shall set a time limit for the filing of the report.
1 The expert may, with the permission of the court, personally conduct investigations. He sets out the results in his report.
2 The court may, at the request of a party or ex officio, order that the expert's investigations be carried out once again in accordance with the provisions applicable to the administration of evidence.
1 The court may order that the expert's report be submitted in writing or presented orally. The expert may also be quoted at the hearing to comment on his written report.
2 The report of the expert presented orally shall be recorded in the minutes; 176 shall apply mutatis mutandis.
3 Where several experts are appointed, each shall provide a separate report unless the court decides otherwise.
4 The court gives the parties an opportunity to ask for explanations or to ask supplementary questions.
1 The court may dismiss the expert and provide for the replacement of the expert when the expert has not filed his report within the prescribed time limit.
2 It may, at the request of a party or ex officio, complete or explain a lacunary, unclear or insufficiently reasoned report, or call upon another expert.
1 The parties may agree that disputed facts shall be established by an expert-arbitrator.
2 The form of the Convention is governed by Art. 17, para. 2.
3 The court is bound by the facts found in the report when the following conditions are met:
1 The court may hear both parties or one of them on the facts of the case.
2 The parties are urged to respond in accordance with the truth; the court makes them attentive to the fact that, in the event of a deliberate lie, they may be punished by a disciplinary fine of up to 2000 francs and, in the case of a repeat offence, of 5000 francs to the More.
1 The court may, under threat of criminal sanctions, compel the two parties or one of them to make a statement.
2 The parties are urged to respond in accordance with the truth; the court makes them attentive to the consequences of a false statement (art. 306 PC 1 ).
Art. 176 shall apply mutatis mutandis to the verbalization of the examination and the testimony of the parties.
1 The courts have an obligation to help each other.
2 They correspond directly to each other 1 .
1 The territorially competent Swiss judicial authority for letters rogatory can be found online at: www.elorge.admin.ch
A court may carry out the necessary procedural acts directly in another canton, including the holding of hearings and the administration of evidence.
1 The court may ask for mutual assistance. The request shall be made in the official language of the requesting court or court.
2 The required court shall inform the requesting court and the parties on the place and the day on which the required procedural act is carried out.
3 The court may require the reimbursement of its costs.
The proceedings on the merits are preceded by an attempt at conciliation before a conciliation authority.
The conciliation procedure does not take place:
1 In economic disputes of a disputed value of at least 100 000 francs, the parties may waive the conciliation procedure by mutual agreement.
2 The applicant may unilaterally decide to waive the conciliation procedure:
1 In disputes relating to rent or on-farm leases of houses or commercial premises, the Conciliation Authority shall consist of a President and representatives sitting as a matter of priority.
2 In disputes under the Act of 24 March 1995 on equality 1 , the Conciliation Authority consists of a President and a joint representation of employers and employees in the private and public sectors, with all representatives consisting of an equal number of men and women.
1 The Conciliation Authority is trying to find an agreement between the parties on an informal basis. A transaction may deal with contentious issues that are not included in the subject matter of the dispute to the extent that it contributes to its resolution.
2 The Joint Conciliation Authorities also provide legal advice to the parties in the fields referred to in Art. 200.
1 The procedure is introduced by the request for conciliation. It may be filed in the form provided for in Art. 130 or dictated to the minutes of the conciliation authority.
2 The request for conciliation shall contain the designation of the opposing party, the conclusions and the description of the subject matter of the dispute.
3 The Conciliation Authority shall promptly notify the opposing party of the request and shall simultaneously quote the parties at the hearing.
4 It may, on an exceptional basis, order an exchange of prior scripture, if a proposal for a judgment within the meaning of Art. 210 or a decision within the meaning of s. 212 is envisaged in the disputes referred to in Art. 200.
1 The hearing shall take place within two months of the receipt of the request or the end of the exchange of entries.
2 The Conciliation Authority shall take account of the documents submitted to it; it may carry out an inspection. It may also administer the other evidence available to it if a proposal for a judgment within the meaning of s. 210 or a decision within the meaning of s. 212 is envisaged, provided that the procedure is not substantially delayed.
3 The hearing is not public. In cases within the meaning of s. 200, the Conciliation Authority may, in part or in whole, authorise the advertising of debates if a public interest justifies it.
4 The Conciliation Authority may, with the agreement of the parties, hold additional hearings. The procedure shall not exceed twelve months.
1 The parties must appear in person at the conciliation hearing.
2 They may be assisted by a legal counsel or a person of trust.
3 The following are required to appear personally and may be represented:
4 The opposing party shall be informed in advance of the representation.
1 The statements of the parties shall not be included in the minutes of conciliation and shall not be taken into account thereafter during the proceedings on the merits.
2 The taking into account of the statements in a proposal for a judgment or a decision of the Conciliation Authority shall be reserved.
1 In the absence of the applicant, the application shall be considered withdrawn; the proceedings shall be moot and the case shall be deleted from the role.
2 Where the defendant is absent, the Conciliation Authority shall proceed as if the proceedings had not resulted in an agreement (Art. 209 to 212).
3 In the event of a failure by both parties, the procedure becomes moot and the case is removed from the role.
1 The costs of the conciliation procedure shall be borne by the applicant:
2 When the application is filed, the costs of the conciliation procedure follow the fate of the case.
1 When the attempt at conciliation succeeds, the conciliation authority records a transaction, acquiescence or disclaimer of unconditional action in the minutes, which is then submitted for signature by the parties. Each party shall receive a copy of the minutes.
2 The transaction, the acquiescence or the discontinuance of action shall have the effect of a decision entered into force.
1 When the attempt at conciliation does not succeed, the Conciliation Authority shall record the failure in the minutes and issue the authorisation to proceed:
2 The authorization to proceed contains:
3 The plaintiff is entitled to bring the action before the court within three months of the grant of the authorisation to proceed.
4 The time limit is 30 days in disputes relating to rent or farm leases of residential or commercial premises and farm leases. The other statutory or judicial action periods provided for in the special provisions are reserved.
1 The Conciliation Authority may submit to the parties a proposal for a judgment:
2 The proposal for a judgment may contain a brief statement of reasons; in addition, art. 238 shall apply mutatis mutandis.
1 The proposal for a judgment shall be accepted and shall deploy the effects of a decision entered into force when none of the parties objects to it within 20 days from the date on which it has been communicated in writing to the parties. The opposition must not be motivated.
2 After the opposition has been received, the conciliation authority shall issue the authorisation to proceed:
3 If, for the cases provided for in s. 210, para. 1, let. B, the action shall not be brought within the time limit, the proposal for judgment shall be deemed to be recognised and shall deploy the effects of a decision entered into force.
4 The parties shall be informed of the effects provided for in paras. 1 to 3 in the draft judgment.
1 If requested by all parties, the conciliation procedure shall be replaced by mediation.
2 The application shall be filed in the request for conciliation or at the hearing.
3 The conciliation authority shall issue the authorisation to proceed when a party communicates to it the failure of the mediation.
1 The court may advise the parties at any time to mediate.
2 The parties may file at any time a joint motion to open a mediation procedure.
3 The judicial proceedings shall remain suspended until the request has been revoked by a party or until the end of the mediation is disclosed.
The parties are responsible for the organization and conduct of the mediation.
1 Mediation is confidential and independent of the conciliation authority and the court.
2 The statements of the parties cannot be taken into account in the judicial proceedings.
The parties may request ratification of the agreement reached as part of the mediation. The agreement ratified has the effect of a decision entered into force.
1 The costs of mediation shall be borne by the parties.
2 In cases concerning the rights of children who are not of a heritage nature, the parties shall be entitled to free mediation under the following conditions:
3 The cantonal law may provide for supplementary charges.
The provisions of this Title shall apply to the ordinary procedure and, by analogy, to other proceedings, unless otherwise provided by law.
The ordinary procedure shall be introduced by the filing of the application.
1 The request contains:
2 The following are attached to the application:
3 The application may contain legal grounds.
1 The court shall notify the defendant of the request and set a time limit for filing a written reply.
2 Art. 221 applies by analogy to the answer. The respondent sets out what facts alleged in the application are recognized or disputed.
3 The court may decide to limit the answer to specific questions or conclusions (s. 125).
4 It shall notify the applicant of the reply.
1 If the reply is not filed within the time limit, the court shall lay down a short period of time to the defendant.
2 If the answer is not filed by the deadline, the court will make the final decision if the case is in a state of trial. Otherwise, the cause is quoted in the main debates.
1 The defendant may file a counterclaim in his answer if the claim he invokes is subject to the same procedure as the principal claim.
2 Where the disputed value of the counterclaim exceeds the substantive jurisdiction of the court, the two applications shall be forwarded to the competent court.
3 If a counterclaim is made, the court shall set a time limit for the applicant to file a written reply. The counterclaim may not be the subject of a counterclaim from the original applicant.
The court orders a second exchange of entries, where circumstances warrant.
1 The court may order hearings in any case.
2 The proceedings are used to informally determine the subject-matter of the dispute, to supplement the state of affairs, to find an agreement between the parties and to prepare the main proceedings.
3 The court may administer evidence.
1 The application may be amended if the new or amended claim is under the same procedure and one of the following conditions is met:
2 Where the disputed value of the amended application exceeds the material jurisdiction of the court, the court shall transmit it to the competent court.
3 The application may be restricted in any event; the court seised shall remain competent.
1 The parties present their conclusions and motivate them once the main debates are open.
2 The court gives them the opportunity to replicate and duplicate.
1 New facts and evidence shall be admitted to the main proceedings only if they are invoked without delay and satisfy one of the following conditions:
2 If there has not been a second exchange of writings or debates of inquiry, the facts and means of new evidence shall be admitted at the opening of the main proceedings.
3 Where it is necessary to establish the facts of its own motion, the court shall admit new facts and evidence to the proceedings.
1 The request may only be amended in the main proceedings if:
2 Art. 227, para. 2 and 3, is applicable.
The Tribunal administers the evidence after the first pleadings.
1 Upon completion of the evidence administration, the parties may decide on the results of the evidence administration and the case. The applicant argues first. The court gives the parties the opportunity to plead for a second time.
2 The parties may waive the oral argument and request the filing of written pleadings. The court shall set a time limit for this purpose.
The parties may, by mutual agreement, waive the main debates.
1 In the event of a failure by a party, the court shall decide on the basis of the acts which, if any, have been carried out in accordance with the provisions of this Law. It is based on surplus, subject to s. 153, on the actions of the comparator and on the record.
2 If both parties fail, the procedure becomes moot and is removed from the role. Judicial costs are equally divided between the parties.
1 The court shall keep a record of all hearings. In particular:
2 Allegations of parties who are not in their written pleadings are recorded in their substance. They may also be recorded on magnetic tape, video or any other appropriate technical means.
3 The court shall rule on requests for correction of the minutes.
1 Where the case is in a state of trial, the court shall terminate the trial by a decision of inadmissibility or by a decision on the merits.
2 The court shall act by a majority.
3 It orders enforcement action at the request of the successful party.
1 The court may make an obiter decision where the appeal body could take a contrary decision that would terminate the trial and allow for an economy of time or substantial costs.
2 The incident decision is subject to immediate appeal; it cannot be challenged later in the appeal against the final decision.
The decision contains:
1 The court may communicate the decision to the parties without written reasons:
2 Written reasons shall be given to the parties, if requested by one of them within ten days of the communication of the decision. If the statement of reasons is not requested, the parties shall be considered to have waived the appeal or the appeal.
3 Provisions of the Federal Act of 17 June 2005 on the Federal Court 1 Concerning the notification of decisions which may be appealed to the Federal Court shall be reserved.
Where the law provides for it or the enforcement of the order, the decision shall also be published or communicated to the authorities and third parties concerned.
1 Any transaction, acquiescence and any withdrawal of action recorded in the record by the court must be signed by the parties.
2 A transaction, acquiescence or disclaimer has the effect of a decision entered into force.
3 The court struck the case of the role.
If the procedure ends for other reasons without having been the subject of a decision, it is struck from the role.
1 The simplified procedure applies to heritage cases where the value at issue does not exceed 30 000 francs.
2 It applies regardless of the disputed value:
3 The simplified procedure shall not apply to disputes for which a single cantonal instance within the meaning of Art. 5 and 8 or the Commercial Court within the meaning of Art. 6.
1 The application may be filed in the forms prescribed in Art. 130 or dictated to the court record. It contains:
2 Motivation is not necessary.
3 The following are attached to the application, if applicable:
1 If the request is not substantiated, the court shall notify the defendant and cite the parties to the proceedings.
2 If the request is substantiated, the court shall set a time limit for the defendant to rule in writing.
1 The court shall decide on the measures to be taken in order for the case to be liquidated as far as possible at the first hearing.
2 Where circumstances so require, the court may order an exchange of written pleadings and conduct hearings.
1 The tribunal shall bring the parties, by appropriate questions, to complete the insufficient allegations and to designate the means of evidence.
2 The court shall establish the facts of its own motion:
The summary procedure applies:
The summary procedure applies in particular in the following cases:
1 New content according to the c. 3 of Annex 2, in force since 1 Er Jan 2013 ( RO 2010 1739 ; FF 2006 6841 ; RO 2011 725; FF 2006 6635).
2 RS 210
3 Repealed by c. 3 of Annex 2, with effect from 1 Er Jan 2013 ( RO 2010 1739 ; FF 2006 6841 ; RO 2011 725; FF 2006 6635).
4 New content according to the c. II 3 of the LF of 11 Dec. 2009 (Register Mortgage and Real Rights), effective from 1 Er Jan 2012 ( RO 2011 4637 ; FF 2007 5015 )
5 New content according to the c. II 3 of the LF of 11 Dec. 2009 (Register Mortgage and Real Rights), effective from 1 Er Jan 2012 ( RO 2011 4637 ; FF 2007 5015 )
The summary procedure applies in particular in the following cases:
The summary procedure applies in particular in the following cases:
1 The procedure is introduced by a request.
2 The application must be filed in the forms prescribed in s. 130; in simple or urgent cases, it may be dictated to the court record.
Where the motion does not appear to be manifestly inadmissible or unfounded, the court shall give the other party an opportunity to determine orally or in writing.
1 The evidence is reported by title.
2 Other evidence is admissible in the following cases:
The court shall establish the facts of its own motion:
1 The court may dispense with the proceedings and dispose of documents, unless otherwise provided by law.
2 A decision taken in a procedure under the jurisdiction of the graceful court which is later proved to be incorrect may be, ex officio or upon request, annulled or amended, unless the law or the security of law is opposed.
1 The court shall admit the application of the summary procedure where the following conditions are met:
2 This procedure is excluded where the case is subject to the maxim of office.
3 The Court shall not enter into the matter on the request where this procedure cannot be applied.
1 The holder of a real right in immovable property may require the court to prohibit any disorder of possession and that, in the event of a reoffending, the author shall, on denunciation, be punished by a fine of up to 2000 francs. The prohibition may be temporary or of indefinite duration.
2 The applicant must prove by title of his or her right in rem and make the existence or imminence of a disorder likely.
The ban is published and placed prominently on the building.
1 The ban may be challenged by the filing of an opposition to the court within 30 days of the day on which the notice is published and placed on the building. The opposition must not be motivated.
2 The opposition makes the ban irrelevant to the person who opposed it. To have the ban validated, the applicant must bring an action before the court.
1 The court shall order the necessary provisional measures where the applicant makes a reasonable expectation that a claim for which he is a holder meets the following conditions:
2 The court may desist from ordering provisional measures where the opposing party provides appropriate security rights.
The court may order any provisional measures to prevent or stop the damage, including the following measures:
If the action on the merits is not yet pending, the court shall provide the applicant with a time-limit for the filing of the application, subject to the lapse of the measures ordered.
1 The court may require the applicant to provide security if the provisional measures are liable to cause damage to the opposing party.
2 The applicant responds to the damage caused by unjustified provisional measures. If the court proves that it has requested them in good faith, the court may reduce or award damages.
3 Security rights shall be released as soon as it is established that no action for damages shall be brought; in the event of uncertainty, the court shall specify a time limit for the introduction of such action.
1 In the event of a particular emergency, in particular if there is a risk of interference with their execution, the court may order provisional measures immediately, without hearing the other party.
2 The court shall, at the same time, cite the parties to a hearing which must be held without delay or impartially to the opposing party for a written decision. After hearing the opposing party, the court shall rule on the motion without delay.
3 Before ordering provisional measures, the court may order the applicant to provide security rights.
The court may order provisional measures against a periodical media only under the following conditions:
The court that ordered the provisional measures also takes the necessary implementing measures.
1 Provisional measures may be amended or revoked, if they are subsequently unjustified or the circumstances have changed.
2 The entry into force of the decision on the substance results in the caducity of the provisional measures. The court may order their continuation, if it serves the execution of the decision or if the law so provides.
1 Anyone who has reason to believe that a superprovisional measure, a receiver within the meaning of s. 271 to 281 SQ 1 Or any other action will be required against him without a prior hearing may take place in advance by filing a preventive memorandum. 2
2 The preventive memory shall be communicated to the other party only if it introduces a procedure.
3 The submission lapses six months after its filing.
1 RS 281.1
2 New content according to Art. 3 ch. 1 of the AF of 11 Dec. 2009 (Approval and implementation of the Lugano Convention), in force since 1 Er Jan 2011 ( RO 2010 5601 ; FF 2009 1497 ).
Subject to Art. 272 and 273, the summary procedure applies to the protective measures of the conjugal relationship, including:
The court shall establish the facts of its own motion.
1 The Tribunal holds a hearing. It can only be waived if it is the result of the alleged parties that the de facto state is clear or undisputed.
2 The parties shall appear personally, unless the court waivers them by reason of their health, age or other just cause.
3 The court is trying to find an agreement between the parties.
Divorce proceedings are introduced by the filing of a joint motion or by a unilateral request for divorce.
Each of the spouses has the right, from the beginning of the lis pendens, to end the common life for the duration of the trial.
1 The court shall order the necessary provisional measures. The provisions governing the protection of the conjugal relationship shall apply mutatis mutandis.
2 The measures ordered by the court for protective measures of the conjugal relationship are maintained. The Divorce Court has jurisdiction to make a change or revocation.
3 The court may order provisional measures after the dissolution of the marriage, as long as the proceedings relating to the effects of divorce are not terminated.
1 The maxim of the debates applies to the procedure concerning matrimonial regime and post-divorce maintenance contributions.
2 If necessary, the court requires parties to produce the missing documents in order to determine the heritage consequences of the divorce.
3 In the rest of the proceedings, the court shall establish the facts of its own motion.
The parties shall appear in person at hearings, unless the court waivers them by reason of their health, age or other just cause.
1 The court ratifies the Convention on the Effects of Divorce after ensuring that the spouses have concluded after due consideration and willingly, that it is clear and complete and that it is not manifestly unfair; the provisions Relating to occupational foresight are reserved.
2 The convention is only valid once it has been ratified by the court. It must be included in the operative part of the decision.
1 The court shall ratify the agreement for the sharing of the exit benefits provided for in the occupational foresight under the following conditions:
2 The court shall communicate to the institutions of professional foresight the provisions of the decision entered into force which concern them, including the particulars necessary for the transfer of the prescribed amount. The decision is binding on the institutions of foresight.
3 If the agreement states that one of the spouses renounces all or part of his or her right, the court will automatically check that it has an equivalent old-age and invalidity pension.
1 In the absence of an agreement and if the amount of the exit benefits is fixed, the court shall decide on the division in accordance with the provisions of the CC 1 (art. 122 and 123 CC, in relation to art. 22 and 22 A Of the Act of 17 Dec. 1993 on free passage 2 ), establishes the amount to be transferred and asks the professional welfare institutions concerned, by setting a time limit to that effect, to certify the feasibility of the scheme envisaged.
2 Art. 280, para. 2 shall apply mutatis mutandis.
3 In the other cases, the court, upon the entry into force of the decision on division, defers ex officio the case to the competent court under the law of 17 December 1993 on the free passage and communicates to it in particular:
1 The agreement or decision establishing maintenance contributions shall indicate:
2 Where the appeal relates to the maintenance contribution allocated to the spouse, the court of appeal may also review the maintenance contributions allocated to children, even if they are not the subject of the appeal.
1 In its decision on divorce, the court also regulates the effects of the divorce.
2 For fair reasons, spouses may be referred to have their matrimonial regime settled in a separate proceeding.
1 The amendment of the decision is governed by s. 129 and 134 CC 1 As regards the conditions and competence on the basis of matter.
2 Amendments which are not contested may be the subject of a written agreement of the parties; the provisions of the Civil Code concerning the fate of children are reserved (Art. 134, para. 3, CC).
3 The procedure for divorce on a unilateral request shall apply mutatis mutandis to the contentious procedure of amendment.
The joint request of the spouses contains:
1 The spouses ask the court in their petition to settle the effects of the divorce on which there is still disagreement.
2 Each spouse may file reasoned conclusions on the effects of the divorce that have not been agreed upon.
3 In addition, s. 285 shall apply mutatis mutandis.
If the request is complete, the court shall convene the parties to a hearing. It is governed by the CC 2 .
1 New content according to the c. II of the PMQ of Sept. 25. 2009 (Deadline for reflection in divorce proceedings on joint motion), in force since 1 Er Jan 2011 ( RO 2010 281 1861; FF 2008 1767 1783).
2 RS 210
1 If the conditions for divorce on a joint motion are met, the court decides the divorce and ratifies the agreement.
2 If the effects of divorce are contested, the remainder of the proceedings concerning them are contradictory. 1 The roles of the plaintiff and the defendant in the proceedings can be attributed to the parties by the court.
3 If the conditions for divorce on a joint motion are not met, the court rejects the joint petition for divorce and provides each spouse with a period of time to initiate divorce proceedings. 2 Lis pendens and, where appropriate, provisional measures shall be maintained during this period.
1 New content according to the c. II of the PMQ of Sept. 25. 2009 (Deadline for reflection in divorce proceedings on joint motion), in force since 1 Er Jan 2011 ( RO 2010 281 1861; FF 2008 1767 1783).
2 New content according to the c. II of the PMQ of Sept. 25. 2009 (Deadline for reflection in divorce proceedings on joint motion), in force since 1 Er Jan 2011 ( RO 2010 281 1861; FF 2008 1767 1783).
The decision to divorce can only be the subject of an appeal for vice of consent.
The unilateral request for divorce may be filed without written reasons. It contains:
1 The court cites the parties to the proceedings and verifies the existence of the grounds for divorce.
2 If the ground for divorce is found, the court tries to find an agreement between the spouses on the effects of the divorce.
3 If the ground for divorce is not established or no agreement is reached, the court shall set a time limit for the applicant to file a written statement of reasons. If the time limit is not met, the application shall be declared without object and struck from the role.
1 The remainder of the proceedings shall be governed by the provisions relating to divorce on joint request, provided that the spouses:
2 If the ground for divorce is established, the procedure does not continue in accordance with the provisions on divorce on a joint motion.
The applicant may conclude that the body should be separated instead of divorce until the proceedings have commenced.
The simplified procedure applies to independent procedures.
1 The court shall establish the facts of its own motion.
2 Parties and third parties must take the necessary examinations to establish and collaborate in the establishment of parentage, insofar as their health is not in danger. The provisions concerning the right of the parties and third parties not to cooperate are not applicable.
3 The court is not bound by the parties' conclusions.
1 The court hears the parents personally to settle the fate of the children.
2 It can urge parents to try mediation.
1 Children shall be heard personally and appropriately by the court or a third party appointed for that purpose, provided that their age or other fair grounds do not preclude them.
2 At the hearing, only the information necessary for the decision is recorded in the Minutes. They are communicated to the parents and the curator.
3 The child capable of discernment may appeal against the refusal to be heard.
1 The court shall, if necessary, order the representation of the child and appoint an experienced curator in the field of assistance and legal matters.
2 The court shall consider whether to institute a curatelle, in particular in the following cases:
3 At the request of the child capable of discernment, the court shall appoint a representative. The child may appeal against the rejection of his or her application.
1 New content according to the c. 2 of the annex to the LF of 21 June 2013 (parental authority), in force since 1 Er Jul. 2014 ( RO 2014 357 ; FF 2011 8315 ).
2 New content according to the c. 3 of Annex 2, in force since 1 Er Jan 2013 ( RO 2010 1739 ; FF 2006 6841 ; RO 2011 725; FF 2006 6635).
3 New content according to the c. 2 of the annex to the LF of 21 June 2013 (parental authority), in force since 1 Er Jul. 2014 ( RO 2014 357 ; FF 2011 8315 ).
The child's representative may file a finding and appeal in the case of:
1 New content according to the c. 2 of the annex to the LF of 21 June 2013 (parental authority), in force since 1 Er Jul. 2014 ( RO 2014 357 ; FF 2011 8315 ).
The decision shall be communicated to:
1 New content according to the c. 2 of the annex to the LF of 21 June 2013 (parental authority), in force since 1 Er Jul. 2014 ( RO 2014 357 ; FF 2011 8315 ).
1 The summary procedure applies in particular:
2 The provisions of the Federal Act of 21 December 2007 on the international abduction of children and the Hague Conventions on the protection of children and adults 4 Are reserved.
1 RS 0.211.230.02
2 RS 0.211.230.01
3 RS 210
4 RS 211.222.32
1 If the parentage is established, the defendant may be required to record or advance equitable maintenance contributions.
2 Where the request for food is filed with the action in paternity, the defendant shall, at the request of the applicant:
The court competent to rule on paternity action shall also rule on consignment, interim payment of maintenance contributions, payment of recorded amounts and reimbursement of interim payments.
The summary procedure applies:
Art. 272 and 273 shall apply mutatis mutandis to the procedure.
The provisions relating to divorce proceedings shall apply mutatis mutandis to the dissolution and cancellation of the registered partnership.
1 The appeal is admissible against:
2 In heritage cases, the appeal is admissible if the value at issue in the last statement of the conclusions is at least 10 000 francs.
The appeal is inadmissible: 1
1 New content according to Art. 3 ch. 1 of the AF of 11 Dec. 2009 (Approval and implementation of the Lugano Convention), in force since 1 Er Jan 2011 ( RO 2010 5601 ; FF 2009 1497 ).
2 RS 281.1
3 New content according to Art. 3 ch. 1 of the AF of 11 Dec. 2009 (Approval and implementation of the Lugano Convention), in force since 1 Er Jan 2011 ( RO 2010 5601 ; FF 2009 1497 ).
4 Introduced by Art. 3 ch. 1 of the AF of 11 Dec. 2009 (Approval and implementation of the Lugano Convention), in force since 1 Er Jan 2011 ( RO 2010 5601 ; FF 2009 1497 ).
The call may be made for:
1 The appeal, written and reasoned, shall be lodged with the appeal body within 30 days of the notification of the reasoned decision or the subsequent notification of the statement of reasons (Art. 239).
2 The decision that is the subject of the appeal is attached to the record.
1 The appeal body shall notify the opposing party of its determination in writing, unless the appeal is manifestly inadmissible or unfounded.
2 The response must be filed within 30 days.
1 The opposing party can form a joint appeal in the answer.
2 The attached call becomes null in the following cases:
1 The appeal suspends the res judicit and the enforceability of the decision in the course of the appeal.
2 The invocation instance can allow for early execution. It orders the need for protective measures or the provision of security rights.
3 The suspensive effect cannot be withdrawn in cases where the appeal relates to a formatory decision.
4 The appeal shall not have suspensory effect when it is the subject of decisions concerning:
5 The execution of provisional measures may exceptionally be suspended if the party concerned is at risk of suffering irreparable damage.
1 The appeal body may order debates or decide on documents.
2 It may order a second exchange of entries.
3 It can administer the evidence.
1 New facts and evidence shall be taken into account only under the following conditions:
2 The application may be amended only if:
1 The invocation instance can:
2 The appeal body shall communicate its decision to the parties with a written statement of reasons.
3 If the appeal body reacts, it shall decide on the costs of the first instance.
The action is admissible against:
The action shall be admissible for:
1 The appeal, written and reasoned, shall be lodged with the appeal body within 30 days of the notification of the reasoned decision or the subsequent notification of the statement of reasons (Art. 239).
2 The time limit shall be ten days for decisions taken in summary proceedings and instruction orders, unless otherwise provided for by law.
3 The contested decision or order must be attached to the file, provided that it is in the hands of the appellant.
4 The use of undue delay may be filed at any time.
1 The appeal body shall notify the opposing party to determine in writing, unless the appeal is manifestly inadmissible or unfounded.
2 The response must be filed within the same time limit as the appeal.
The joint action is inadmissible.
The appeal body may invite the previous body to give its opinion.
1 The action does not suspend the res judicas and the enforceability of the contested decision.
2 The appeal body may suspend the enforceability. It orders the need for protective measures or the provision of security rights.
1 The finding, allegations of fact and new evidence are inadmissible.
2 The special provisions of the Act are reserved.
1 The redress instance requests the folder in the previous instance.
2 It can rule on coins.
3 If she admits the appeal, she:
4 If the appeal body finds undue delay, it may set a time limit for dealing with the case at the previous instance.
5 The appeal body shall communicate its decision to the parties with a written statement of reasons.
1 Where the appeal is directed against a decision of the court of enforcement within the meaning of s. 38 to 52 of the Convention of 30 October 2007 concerning jurisdiction, recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) 2 , the appeal body shall examine with full cognition the grounds for refusal provided for by the Lugano Convention.
2 The action shall have suspensory effect. The protective measures, in particular the receiver referred to in s. 271, para. 1, c. 6, LP 3 , are reserved.
3 In the event of an appeal against the declaration of enforceability, the time limit shall be governed by s. 43, para. 5, of the Lugano Convention.
1 Introduced by Art. 3 ch. 1 of the AF of 11 Dec. 2009 (Approval and implementation of the Lugano Convention), in force since 1 Er Jan 2011 ( RO 2010 5601 ; FF 2009 1497 ).
2 RS 0.275.12
3 RS 281.1
1 A party may request a review of the decision in force at the last instance:
2 Revision for breach of the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms (ECHR) 1 May be requested on the following conditions:
1 The time limit for requesting the revision is 90 days from the date on which the ground for review is discovered; the application is written and reasoned.
2 The right to request the revision shall lapse ten years from the date of the entry into force of the decision, with the exception of cases provided for in Art. 328, para. 1, let. B.
The court shall notify the application for review to the opposing party for its determination, unless the application is manifestly inadmissible or unfounded.
1 The application for review does not suspend the res judicator and the enforceability of the decision.
2 The court may suspend the enforceability of the decision. It directs the need for protective measures or the provision of security rights.
The decision on the application for review may be appealed.
1 If the operative part of the decision is unclear, contradictory or incomplete or does not correspond to the statement of reasons, the court shall, on request or ex officio, proceed to the interpretation or correction of the decision. The request shall indicate the contested passages or the amendments requested.
2 Art. 330 and 331 shall apply mutatis mutandis. In the event of clerical or computational errors, the court may waive the request of the parties to determine.
3 The decision of interpretation or rectification may be appealed.
4 The decision interpreted or rectified shall be communicated to the parties.
1 Decisions shall be made in accordance with the provisions of this Chapter.
2 Decisions concerning the payment of an amount or the supply of security rights are executed in accordance with the provisions of the FA 1 .
3 Recognition, declaration of enforceability and enforcement of foreign decisions shall be governed by this Chapter, unless an international treaty or the LDIP 2 Otherwise available.
1 A decision is binding:
2 The court that has rendered the decision to be executed attests to the enforceability of the decision.
1 If the court that issued the decision ordered the necessary enforcement action (s. 236, para. 3), the decision can be executed directly.
2 The losing party may request the suspension of enforcement from the court of enforcement; s. 341 shall apply mutatis mutandis.
1 If the decision cannot be executed directly, a request for enforcement shall be made to the executing court.
2 The applicant must establish the conditions of execution and provide the necessary documents.
1 One of the following courts is absolutely competent to order enforcement action or suspend enforcement:
2 The court shall render its decision in summary proceedings.
The execution court may order provisional measures, if necessary without first hearing the opposing party.
1 New content according to Art. 3 ch. 1 of the AF of 11 Dec. 2009 (Approval and implementation of the Lugano Convention), in force since 1 Er Jan 2011 ( RO 2010 5601 ; FF 2009 1497 ).
1 The enforcement tribunal shall examine the enforceability of office.
2 It fixes the succumbing party for a short period of time to determine.
3 On the substance, the losing party can only allege that facts opposing the execution of the decision have occurred after notification of the decision, for example, the termination, the stay, the prescription or the lapse of the benefit Due. Extinction and reprieve must be proved by title.
Decisions providing for a conditional or subordinated benefit may only be made where the executing court finds that the condition is met or that the counterbenefit has been regularly offered, Executed or guaranteed.
1 Where the decision prescribes an obligation to do, refrain or condone, the court of enforcement may:
2 The dying party and third parties are required to provide all relevant information and to tolerate the necessary searches.
3 The person responsible for enforcement may request the assistance of the competent authority.
1 Where the conviction relates to a declaration of will, the decision shall be the declaration as soon as it becomes enforceable.
2 Where the declaration relates to an entry in a public register, such as the land register or the register of commerce, the court that issued the decision shall give the necessary instructions to the person responsible for holding the register.
1 The winning party may require:
2 The court of enforcement determines the amount of the cash benefit.
Third parties may appeal against enforcement decisions that violate their rights.
Authentic titles relating to benefits of any kind may be executed as decisions under the following conditions:
The following are not directly enforceable in respect of benefits:
The enforceable title for a cash benefit is a final release within the meaning of s. 80 and 81 LP 1 .
1 If the performance relates to a benefit other than a cash benefit, the public officer, at the request of the person entitled, shall notify the person who has required a copy of the certified title and shall set a period of 20 days to execute the Delivery. A copy of the notification shall be sent to the person entitled.
2 If the performance is not carried out within the prescribed time limit, the person entitled to the benefit may apply to the court for enforcement.
1 The dying party can only object to his or her obligation to object immediately.
2 If the obligation consists of a declaration of will, the decision of the executing court shall take place. The Minister shall take the required action under s. 344, para. 2.
A judicial decision concerning the performance due is reserved in all cases. The party who has been obliged may, in particular, act at any time to record the non-existence, termination or suspension of the service.
1 The provisions of this Part shall apply to proceedings before arbitral tribunals having their registered office in Switzerland, unless the provisions of Chapter 12 of the LDIP 1 Are applicable.
2 The parties may, by an express declaration in the arbitration agreement or in a later agreement, exclude the application of this Title and agree that the provisions of Chapter 12 of the LDIP are applicable. The declaration shall be subject to the form provided for in Art. 358.
The object of the arbitration may be any claim which is the subject of the free provision of the parties.
1 The seat of the arbitral tribunal shall be fixed by the parties or by the body designated by them. Failing that, the seat shall be fixed by the arbitral tribunal.
2 If the parties, the body which they have appointed or the arbitral tribunal are unable to fix the seat, the seat is for the judicial authority which, in the absence of arbitration, would have jurisdiction to rule on the dispute.
3 Where several judicial authorities are competent, the seat of the arbitral tribunal shall be for the first authority under s. 356.
4 Unless otherwise agreed by the parties, the arbitral tribunal may hold hearings, administer evidence and deliberate in any other place.
1 The canton in which the arbitral tribunal has its seat is a competent superior court for:
2 The canton of the seat of the arbitral tribunal shall designate a different or different tribunal, which, in a single instance:
1 The arbitration agreement may refer to existing or future disputes arising out of a specific legal relationship.
2 The validity of the agreement cannot be challenged on the ground that the main contract would not be valid.
The arbitration agreement shall be placed in the written form or by any other means by which the evidence may be established by a text.
1 If the validity of the arbitration agreement, its content, its scope or the regular constitution of the court is challenged before the arbitral tribunal, the arbitral tribunal shall act by an incidental decision or in the decision on the merits.
2 The objection of incompetence of the arbitral tribunal must be raised in advance of any defence on the merits.
1 The parties may freely agree on the number of arbitrators. In the absence of a convention, there are three arbitrators.
2 Where the parties have agreed to an even number of arbitrators, it shall be presumed that an additional arbitrator shall be appointed as Chairman.
1 The arbitrators shall be appointed in accordance with the agreement between the parties.
2 In the absence of a convention, each party shall designate an equal number of arbitrators; the latter shall, by unanimity, choose another person as Chairman.
3 Where an arbitrator is appointed by his or her function, the holder of the function who has accepted the arbitration shall be appointed.
4 In disputes relating to rent or on-farm leases, only the conciliation authority may be designated as a arbitral tribunal.
1 Where the arbitration agreement does not provide for any other appointing authority, or if the latter does not appoint the members within a reasonable period of time, the competent judicial authority under s. 356, para. 2, make the appointment, at the request of one of the parties, in the following cases:
2 In the case of multi-party arbitration, the judicial authority competent under Art. 356, para. 2, may appoint all arbitrators.
3 When a judicial authority is called upon to appoint an arbitrator, it shall proceed with the appointment, unless a summary examination shows that there is no arbitration agreement between the parties.
1 Any person appointed as an arbitrator shall disclose without delay the existence of the facts which may arouse legitimate doubts about his or her independence or impartiality.
2 This obligation shall continue until the conclusion of the arbitral proceedings.
1 The arbitrators confirm the acceptance of their terms of reference.
2 The arbitral tribunal shall be deemed constituted when all the arbitrators have accepted their terms of reference.
1 The arbitral tribunal may appoint a Secretary.
2 Art. 363, para. 1, and 367 to 369 shall apply mutatis mutandis.
1 The parties may limit, in the arbitration agreement or in a subsequent agreement, the duration of the mission of the arbitral tribunal.
2 The time limit within which the arbitral tribunal is required to render its award may be extended:
1 An arbitrator may be disqualified in the following cases:
2 A party may not challenge an arbitrator that it has appointed or contributed to designate only for a reason that it became aware of after the appointment. The grounds for the objection shall be communicated without delay to the arbitral tribunal and to the other party.
1 A party may challenge the arbitral tribunal if the other party has exercised a predominant influence on the appointment of the members. The challenge shall be communicated without delay to the arbitral tribunal and to the other party.
2 The new arbitral tribunal shall be constituted in accordance with the procedure laid down in Art. 361 and 362.
3 The members of the challenged arbitral tribunal may be re-appointed.
1 The parties may freely agree to the recusal procedure.
2 If no procedure has been agreed upon, the request for recusal, written and reasoned, shall be addressed to the arbitrator whose challenge is requested within 30 days after the party has become aware of the reason for the objection; the request is Communicated to other arbitrators within the same time limit.
3 If the arbitrator disputes his recusal, the requesting party may, within 30 days, request the body designated by the parties to rule or, failing that, the competent judicial authority under s. 356, para. 2.
4 Unless otherwise agreed by the parties, the arbitral tribunal may, during the recusal procedure, continue the proceedings and render an award with the participation of the arbitrator referred to in the objection.
5 The decision on recusal can be reviewed only in favour of an appeal against the first attainable sentence.
1 Any arbitrator may be dismissed by written agreement between the parties.
2 Where an arbitrator is unable to fulfil his or her mission in good time or fails to comply with due care, he may be removed, at the request of a party, by the body designated by the parties or, failing that, by the judicial authority Competent under s. 356, para. 2.
3 Art. 369, para. 5, applies to the appeal against the revocation decision.
1 Where an arbitrator is to be replaced, the procedure for his appointment shall be applicable, unless the parties have agreed or otherwise agree.
2 If the replacement cannot be effected in accordance with this procedure, the new arbitrator shall be appointed by the competent judicial authority under Art. 356, para. 2, unless the agreement excludes it or the withdrawal of a member of the arbitral tribunal renders it obsolete.
3 The reconstituted arbitral tribunal shall decide, in the absence of an agreement between the parties, to what extent the acts in which the replaced arbitrator has participated are reiterated.
4 The replacement of an arbitrator shall not suspend the time limit within which the arbitral tribunal must render its award.
1 The arbitral body shall be pending:
2 Where the parties file identical applications before a judicial authority and a arbitral tribunal, the person who has been seized in the second case automatically suspends the procedure up to the right known to the jurisdiction of the first seised.
1 The Parties may:
2 If the parties have not settled the proceedings, the procedure shall be determined by the arbitral tribunal.
3 The Chairman of the arbitral tribunal may decide on certain procedural matters, if authorized by the parties or by other members of the tribunal.
4 The arbitral tribunal shall guarantee equality between the parties and their right to be heard in adversarial proceedings.
5 Each party may be represented.
6 Any infringement of the rules of procedure must be invoked immediately; failing that, it cannot subsequently be invoked.
1 The arbitral tribunal or, unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order provisional measures, in particular for the purpose of maintaining evidence.
2 If the person concerned does not submit to a measure ordered by the arbitral tribunal, the arbitral tribunal or a party may apply to the judicial authority to make the necessary orders; if the application is filed by a party, the party must request The consent of the arbitral tribunal.
3 The arbitral tribunal or the judicial authority may require the applicant to provide security if the provisional measures are liable to cause damage to the opposing party.
4 The applicant responds to the damage caused by unjustified provisional measures. However, if it proves that it has requested them in good faith, the arbitral tribunal or the judicial authority may reduce or not allocate damages. The aggrieved party may assert its claims in the pending arbitral proceedings.
5 Security rights shall be released as soon as it is established that no action for damages shall be brought; in the event of uncertainty, the arbitral tribunal shall provide the person concerned with a period of time to act.
1 The arbitral tribunal itself carries out the administration of the evidence.
2 Where the administration of evidence or the performance of any other procedural act requires the support of the State authorities, the arbitral tribunal may require the assistance of the competent judicial authority under s. 356, para. 2. A party may also apply for assistance with the consent of the arbitral tribunal.
3 The arbitrators may attend the proceedings of the judicial authority and ask questions.
1 The arbitration procedure may be introduced by or against consorts under the following conditions:
2 Related claims between the same parties may be joined in the same arbitration as long as they are the subject of concordant arbitration agreements between the parties.
3 The intervention and appeal of a third party must be provided for by an arbitration agreement between the third party and the parties in dispute and shall be subject to the consent of the arbitral tribunal.
1 The arbitral tribunal shall have jurisdiction to rule on the compensation exception even if the claim for which it is based does not fall within the scope of the arbitration agreement or is the subject of another arbitration agreement or an extension of the arbitration agreement.
2 The reconvention is admissible if it relates to a claim covered by a concordant arbitration agreement.
1 The arbitral tribunal may order the advance of the costs of the alleged proceedings and may require the proceedings to continue to be paid in advance. Unless otherwise agreed by the parties, it shall fix the amount payable by each party.
2 If a party does not pay the advance of costs, the other party may advance the entire fee or waive the arbitration. In this case, the latter may introduce a new arbitration or proceed to the judicial authority for the same challenge.
If the plaintiff appears insolvent, the arbitral tribunal may, at the request of the defendant, order that security rights be provided for its alleged costs within a specified period. Art. 378, para. 2, shall apply mutatis mutandis.
Legal assistance is excluded.
1 The arbitral tribunal shall decide:
2 In the absence of choice or authorisation, it shall rule according to the law which a judicial authority would have applied.
1 The arbitrators shall participate in the deliberations and decisions of the arbitral tribunal.
2 If an arbitrator refuses to participate in deliberations or decisions, the others may deliberate or make decisions without him, unless otherwise agreed by the parties.
3 The award shall be delivered by a majority of the votes, unless otherwise agreed by the parties.
4 If no majority is released, the award shall be made by the President.
Unless otherwise agreed by the parties, the arbitral tribunal may limit the proceedings to specific questions or conclusions.
1 The arbitral award shall contain:
2 The award shall be signed; the signature of the President shall suffice.
When the parties terminate the dispute during the arbitration proceedings, the arbitral tribunal shall, upon request, give them an award in the form of an award.
1 A copy of the award shall be notified to each party.
2 Each party may, at its own expense, file a copy of the award with the competent judicial authority under s. 356, para. 1.
3 The court shall certify, at the request of a party, that the award is enforceable.
As soon as it has been communicated, the sentence shall have the same effect as a judicial decision entered in force and enforceable.
1 Any party may apply to the arbitral tribunal for:
2 The application shall be sent to the arbitral tribunal within 30 days after the discovery of the error, the passages to be interpreted or additions to be made, but no later than the year following the notification of the award.
3 The application does not suspend the appeal period. If a party is aggrieved by the outcome of that procedure, it will benefit from a new period of appeal on that point.
1 The arbitral award may be appealed to the Federal Court.
2 The procedure is governed by the Act of 17 June 2005 on the Federal Court 1 Except as otherwise provided in this Chapter.
1 The parties may, by an express declaration in the arbitration agreement or in a later agreement, agree that the arbitral award may be appealed to the cantonal court competent under Art. 356, para. 1.
2 The procedure is governed by s. 319 to 327, except as otherwise provided in this Chapter. The decision of the cantonal court is final.
The action shall be admissible only after exhaustion of the arbitration remedies provided for in the arbitration agreement.
The action shall be admissible for:
The following reasons are admissible:
The Federal Court or the cantonal court may, after hearing the parties, refer the award to the arbitral tribunal and issue a time limit for correcting or supplementing it.
1 If the award is not referred to the arbitral tribunal for further or rectifying or corrected or completed within the prescribed time limit, the Federal Court or the cantonal court shall decide; if it allows the appeal, it shall set aside the award.
2 When the award is set aside, the arbitrators shall rule again in accordance with the recitals of the judgment.
3 Cancellation may be limited to some of the chief executive officers of the sentence, unless others depend on it.
4 Where the award is challenged on the grounds that the expenses and fees of the arbitrators are manifestly excessive, the Federal Court or the cantonal court may fix the amount.
1 A party may, for one of the following reasons, apply to the court of competent jurisdiction under s. 356, para. 1, the review of an award entered into force:
2 The revision for infringement of the ECHR 1 May be requested on the following conditions:
1 The application for review is filed within 90 days of the discovery of the reason for the review.
2 The right to request the revision shall lapse ten years from the date of the entry into force of the award, with the exception of cases provided for in Art. 396, para. 1, let. B.
The procedure is governed by s. 330 and 331.
1 The Federal Council shall issue the implementing provisions.
2 It provides formulas for the acts of the parties and the court. Forms intended for the parties must be designed so that they can be used by persons without legal knowledge.
3 The Federal Council may delegate the enactment of technical and administrative requirements to the Federal Office of Justice.
The repeal and amendment of the existing law are set out in Schedule 1.
The coordination of this Law with other legislative acts shall be set out in Annex 2.
1 The procedures in progress at the entry into force of this Law shall be governed by the former right of procedure until the close of the proceedings.
2 The jurisdiction over the place is governed by the new law. However, the jurisdiction conferred on the former right is maintained.
1 Appeals shall be governed by the law in force at the time of the communication of the decision to the parties.
2 The revision of decisions communicated pursuant to the former right shall be governed by the new law.
The validity of a forum election clause shall be determined in accordance with the law in force at the time of its adoption.
1 The validity of arbitration agreements concluded before the entry into force of this Law shall be determined in accordance with the most favourable law.
2 Arbitration proceedings pending the entry into force of this Law shall be governed by the former right. The parties may, however, agree on the application of the new right.
3 The right in force at the time of communication of the award shall apply to the remedies.
4 The judicial procedures referred to in s. 356 which are pending at the entry into force of this Law shall be governed by the former right.
The procedures in progress made after the entry into force of the amendment of 28 September 2012 shall be governed by the new law.
(art. 402)
The Law of 24 March 2000 on fors 1 Is repealed.
... 2
1 [ RO 2000 2355 , 2004 2617 Annex, c. 3, 2005 5685 Annex, c. 14, 2006 5379 Annex, c. II 2]
2 The mod. Can be viewed at RO 2010 1739 .
Whatever the order in which the Code of Civil Procedure of 19 December 2008 (CPC) and the Law of 13 June 2008 on civil liability in respect of U Key (new LRCN) 1 Shall enter into force, upon entry into force of the second of these laws, or upon their entry into force at the same time, the CPC shall be amended as follows:
Article 5, para. 1, let. E
1 The cantonal law establishes the court responsible for ruling in a single cantonal court on:
1 The court in the canton where the harmful event occurred is absolutely familiar with actions resulting from a nuclear accident.
2 If it is impossible to determine this canton with certainty, the court of the canton where the nuclear installation of the responsible operator is located is absolutely competent.
3 If there are several fors according to the above rules, the court of the canton most closely related to the accident and the most affected by its consequences is absolutely competent.
Whatever the order in which the CPC and the new LRCN 3 Enter in v I To the entry into force of the second of these laws, or to their entry into force simult A Born, c. 19 of Annex 1 CPC is moot and the new LRCN is mod I Pursuant to c. 20 of Annex 1 CPC.
Whatever the order in which the CPC and the change A Of the CC of 19 December 2008 (Protection of the adult, the right of persons and the right of fili A (a) 4 Shall enter into force, upon entry into force of the second of these laws, or upon their entry into force at the same time, the CPC shall be amended as follows:
... 5
Table of Contents
Purpose Art. 1
International Causes Art. 2
Organisation of courts and conciliation authorities Art. 3
Principles 4.
Single Cantonal Instance Art. 5
Trade Tribunal Art. 6
Litigation relating to insurance complementary to social insurance Art. 7
Direct action before the higher court Art. 8
For Imperative Art.
Home and Seat Art. 10
Residence Art. 11
Establishments and branches Art. 12
Provisional measures Art. 13
Counterclaim Art. 14
Consortia and cumulation of shares Art. 15
Appeal in question Art. 16
Election of for Art. 17
Tacit Acceptance Art. 18
Pardon Jurisdiction Art. 19
Protection of the personality and data protection Art. 20
Declaration of death and absence Art. 21
Amendment of Registers of the Civil Status Art. 22
Queries and actions based on marriage law Art. 23
Requests and actions in relation to registered partnership Art. 24
Recognition and challenge of parentage Art. 25
Maintenance and food debt Art. 26
Intention of Unmarried Mom Art. 27
Art. 28
Real estate Art. 29
Personal Property Art. 30
Principle Art. 31
Consumer contracts Art. 32
Rent or on-farm garlic in a building Art. 33
Right to work Art. 34
Waiver of legal fors Art. 35
Principle Art. 36
Damages arising from unjustified provisional measures Art. 37
Motor vehicle and bicycle accidents Art. 38
Civil Findings Art. 39
Company law Art. 40
Repealed Art.
Merger, division, transformation and transfer of heritage Art. 42
Cancellation of securities and insurance policies and prohibition of payment Art. 43
Borrowing by Obligations Art. 44
Investment fund Art. 45
Art.
Grounds for objection Art. 47
Obligation to declare Art. 48
Request for objection Art. 49
Decision Art. 50
Consequences of non-compliance with recusal rules Art. 51
Respect for the rules of good faith Art. 52
Right to be heard Art. 53
Principle of publicity Art. 54
Maxime of debates and inquisitorial maxim Art. 55
Interpellation by court Art. 56
Application of the Right of Office Art. 57
Principle of provision and maxim of office Art. 58
Principle Art. 59
Consideration of admissibility conditions Art. 60
Arbitration Convention Art. 61
Start of lis pendens Art. 62
Litispendance in cases of court incompetence or false proceedings Art. 63
Effects of lis pendens Art. 64
Consequence of Discontinuance of Action Art. 65
Ability to be party Art. 66
Capacity to be sued Art. 67
Conventional representation Art. 68
Inability to proceed Art. 69
Required Consortia Art. 70
Simple Consority Art. 71
Common Representative Art. 72
Art.
Principle Art. 74
Request Art. 75
Rights of the intervener Art. 76
Effects of intervention Art. 77
Principle Art. 78
Position of the denounced Art. 79
Effects of denunciation Art. 80
Principles S. 81
Procedure Art. 82
Art. 83
Action condemnatory Art. 84
Unencrypted payment action Art. 85
Partial action Art. 86
Formative Action Art. 87
Action in recognition of right Art. 88
Action by organizations Art. 89
Cumulation of shares Art. 90
Principle Art. 91
Income and periodic benefits Art. 92
Simple Consortia and Accumulation of Shares Art. 93
Counterclaim Art. 94
Definitions Art. 95
Tariff Art. 96
Information on Fees Art. 97
Advance Fee Art. 98
Security of costs Art. 99
Nature and amount of security Art. 100
Supply of advances and security rights Art. 101
Advances in the Administration of Evidence Art. 102
Appeal Art. 103
Decision on fees Art. 104
Fixation and apportionment of costs Art. 105
General allocation rules Art. 106
Distribution in equity Art. 107
Unnecessary costs Art. 108
Distribution in case of transaction Art. 109
Appeal Art. 110
Settlement of Fees Art. 111
Sursis, surrender, prescription and interest Art. 112
Conciliation procedure Art. 113
Procedure on the merits Art. 114
Obligation to bear the costs Art. 115
Fees under the cantonal law Art. 116
Law Art. 117
Scope Art. 118
Application and Procedure Art. 119
Withdrawal of legal aid Art. 120
Appeal Art. 121
Settlement of Fees Art. 122
Refund Art. 123
Principles Art. 124
Simplification of the trial Art. 125
Suspension of proceedings Art. 126
Reference for Related Connection Art. 127
Disciplinary proceedings and reckless processes Art. 128
Art. 129
Form Art. 130
Number of copies Art. 131
Procedural ices and acts of a procedural nature Art. 132
Contents Art. 133
Time limit Art. 134
Reference of appearance Art. 135
Acts to be notified Art. 136
Notification to a Party represented Art. 137
Form Art. 138
Electronic notification Art. 139
Election of domicile Art. 140
Notification by means of enactment Art. 141
Computation Article 142
Observation of time limits Art. 143
Extension Art. 144
Suspension of Time Limits Art. 145
Effects of suspension Art. 146
Failure and Consequences Art. 147
Restitution Article 148
Procedure Art. 149
Purpose of the Evidence Art. 150
Well-Known Facts Article 151
Right to proof Art. 152
Administration of Evidence of Office Art. 153
Orders of Evidence Art. 154
Administration of Evidence Art. 155
Safeguarding worthy of protection Art. 156
Free assessment of evidence Art. 157
Proof of future Art. 158
Bodies of a legal person Art. 159
Obligation to collaborate Art. 160
Information S. 161
Refusal to cooperate Art. 162
Right of Refusal Art. 163
Unjustified Refusal Art. 164
Right of Absolute Refusal Art. 165
Right of Restricted Refusal Art. 166
Unjustified Refusal Art. 167
Art. 168
Purpose Art. 169
Citation Art. 170
Form of hearing Art. 171
Contents of the hearing Art. 172
Additional questions Art. 173
Confrontation Article 174
Testimony-expertise Art. 175
Minutes Art. 176
Definition Art. 177
Authenticity Art. 178
Probante force of public registers and authentic titles Art. 179
Production of titles Art. 180
Enforcement Art. 181
Minutes Art. 182
Principles S. 183
Rights and duties of the expert Art. 184
Mandate Art. 185
Investigations by the expert Art.
Report of the expert Art. 187
Delay and negligence Art. 188
Expertise-Adjudication Sec.
Art. 190
Examination of parties Art. 191
The position of the parties Art. 192
Minutes Art. 193
Principle Art. 194
Proceedings performed directly in another canton Art. 195
Entraide Art. 196
Principle Art. 197
Exceptions Art. 198
Waiver of the conciliation procedure Art. 199
Joint Conciliation Authorities Art. 200
Tasks of the Conciliation Authority Art. 201
Introduction Art. 202
Hearings Art. 203
Personal Appearance Art. 204
Confidentiality of proceedings Art. 205
Default Art. 206
Costs of conciliation proceedings Art. 207
Conciliation Art. 208
Authorization to Proces Art. 209
Proposal for Judgement Art. 210
Effects Art. 211
Decision Art. 212
Mediation replacing conciliation procedure Art. 213
Mediation during the proceedings at the merits Art. 214
Organization and Conduct of Mediation Art. 215
Relationship to judicial proceedings Art. 216
Ratification of the Agreement Art. 217
Costs of mediation Art. 218
S. 219
Introduction Art. 220
Application Art. 221
Response Art. 222
Failure to answer Art. 223
Counterclaim Art. 224
Second exchange of entries Art. 225
Training debates Art. 226
Amendment of the application Art. 227
First pleadings Art. 228
New Evidence and Evidence Art. 229
Amendment of the application Art. 230
Administration of Evidence Art. 231
Final arguments Art. 232
Waiver of Principal Debates Art. 233
Defect at the hearing of main proceedings Art. 234
Art. 235
Final decision Art. 236
Decision Incidental Art. 237
Contents Art. 238
Communication to the parties and reasons Art. 239
Communication and publication of the decision Art. 240
Transaction, acquiescence and disclaimer of action Article 241
Procedure having become moot for other reasons Art. 242
Scope Art. 243
Simplified application Art. 244
Quote at the hearing and determinations of the opposing party Art. 245
Education decisions Art. 246
Establishing the facts Art. 247
Principle Art. 248
Civil Code Art. 249
Code of Obligations Art. 250
Federal Law of April 11, 1889 on the Prosecution of Debts and Bankruptcy Art. 251
Application Art. 252
Response Art. 253
Means of Evidence Art. 254
Inquisitorial Maxime Art. 255
Decision Art. 256
Art. 257
Principle Art. 258
Notice Art. 259
Opposition Art. 260
Principle Art. 261
Purpose Art. 262
Measures before lis pendens Art. 263
Security and damages Art. 264
Superprovisonal measures Art. 265
Measures against the media Art. 266
Execution Art. 267
Amendment and Revocation Art. 268
Reserved provisions Art. 269
Art. 270
Scope Art. 271
Inquisitorial Maxime Art. 272
Procedure Art. 273
Introduction Art. 274
Suspension of common life Art. 275
Provisional measures Art. 276
Establishment of facts Art. 277
Personal Appearance Article 278
Ratification of the Convention Art. 279
Convention for the Sharing of Exit Benefits Art. 280
Disagreement on the sharing of exit benefits Art. 281
Maintenance contributions Art. 282
Single decision Art. 283
Amendment of the Effects of Divorce with res judication Art. 284
Request in Case of Full Agreement Art. 285
Request for Partial Agreement Art. 286
Hearing of the parties Art. 287
Continuation of procedure and decision Art. 288
Appeal Article 289
Filing of the application Art. 290
Conciliation hearing Art. 291
Conversion to divorce on a common request Art. 292
Amendment of the application Art. 293
Art. 294
Principle Art. 295
Inquisitorial Maxime and Maxim of Office Art. 296
Hearing of parents and mediation Art. 297
Hearing of the child Art. 298
Representation of the child Art.
Qualifications of the representative Art. 300
Communication of decision Art. 301
Scope Art. 302
Provisional measures Art. 303
Jurisdiction Art. 304
Scope Art. 305
Procedure Art. 306
Article 307
Attackable decisions Art. 308
Exceptions Art. 309
Reasons Art. 310
Introduction of the Appeal Art. 311
Response Art. 312
Joint Appeal Art. 313
Summary procedure Art. 314
Suspensive effect Art. 315
Procedure before the Appeal Board Art. 316
New Evidence and Evidence; Amendment of the Application Art. 317
Decision on appeal Art. 318
Subject of appeal Art. 319
Reasons Art. 320
Introduction of the appeal Art. 321
Response Art. 322
Joint Action Article 323
Notice of previous proceeding Art. 324
Suspensive effect Art. 325
Conclusions, Allegations of Fact and New Evidence Art. 326
Procedure and decision Art. 327
Determination of enforceability under the Lugano Convention Art. 327 A
Reasons for revision Art. 328
Time and Form Art. 329
Notice of the opposing party Art. 330
Suspensive effect Art. 331
Decision on the Application for Review Art. 332
New decision on the merits Art. 333
S. 334
Scope Art. 335
Enforceability S. 336
Direct execution Art. 337
Request for enforcement Art. 338
Jurisdiction and Procedure Art. 339
Conservatory Measures Art. 340
Examination of enforceability and determinations of death section Art. 341
Conditional or subordinated benefit Art. 342
Obligation to do, abstain or tolerate Art. 343
Declaration of will Art. 344
Damages and cash benefits Art. 345
Use of third parties Art. 346
Enforceability S. 347
Exceptions Article 348
Title dealing with a cash benefit Art. 349
Title dealing with another benefit Art. 350
Procedure before the Enforcement Tribunal Art. 351
Judicial decision Art. 352
Scope of application Art.
Purpose of the Arbitration Convention Art. 354
Headquarters of the arbitral tribunal Art. 355
Competent judicial authorities Art. 356
Arbitration Convention Art. 357
Form Art. 358
Challenging the Jurisdiction of the Court of Arbitration Art. 359
Number of arbitrators Art. 360
Appointment of Arbitrators by the Parties Art.
Judicial authority appointed Art. 362
Obligation to declare Art. 363
Acceptance of mandate Art. 364
Secretary Art. 365
Duration of the mission Art. 366
Revocation of an Arbitrator Art. 367
Revocation of the Arbitral Tribunal Art. 368
Procedure for recusal Article 369
Revocation Art. 370
Replacement of Arbitrator Art. 371
Lis pendens Art. 372
General Rules of Procedure Art. 373
Provisional measures, security rights and damages Art. 374
Administration of Evidence and Competition of the Judicial Authority Art. 375
Consortia, cumulation of shares and third party participation Art. 376
Compensation and Convention Art. 377
Advance Fee Art. 378
Security for costs Art. 379
Legal assistance Art. 380
Applicable law Art. 381
Deliberation and Award Art. 382
Incidental and Partial Awards Art. 383
Contents of the Award Art. 384
Agreement between the parties Art. 385
Notification and Filing of the Award Art. 386
Effects of the Award Art. 387
Rectification and Interpretation of the Award; Additional Award Art. 388
Use of the Federal Tribunal Art. 389
Remedies in the cantonal court Art. 390
Subsidiarity Art. 391
Attackable Sentences Article 392
Grounds of appeal Art. 393
Reference for Supplement or Correction Art. 394
Pronounced Art. 395
Reasons for revision Art. 396
Time limits Art. 397
Procedure Art. 398
Reference to the Arbitral Tribunal Art. 399
Principles Art. 400
Pilot Projects Art. 401
Repeal and Amendment of the Law in Force Art. 402
Coordination provisions Art. 403
Application of the former right Art. 404
Remedies Art.
Election of for Art. 406
Arbitration Convention Art. 407
Application of the former right Art. 407 A
Art. 408
1 RS 732.44 ; FF 2008 4845
2 RS 732.44 ; FF 2008 4845
3 RS 732.44 ; FF 2008 4845
4 RS 210
5 The mod. Can be viewed at RO 2010 1739 .
1 RS 101
2 FF 2006 6841
3 Introduced by ch. I 1 of the PMQ of 28. 2012 (Disp. Relating to the drafting of the minutes), in force since 1 Er May 2013 ( RO 2013 851 ; FF 2012 5281 5293).
4 Introduced by ch. I 1 of the PMQ of 28. 2012 (Disp. Relating to the drafting of the minutes), in force since 1 Er May 2013 ( RO 2013 851 ; FF 2012 5281 5293).
5 ACF of March 31, 2010
6 RS 281.1
