Rs 272 Code Of Civil Procedure (Cpc) On December 19, 2008

Original Language Title: RS 272 Code de procédure civile du 19 décembre 2008 (CPC)

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272 code of civil procedure (CPC) of December 19, 2008 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view of art. 122, al. 1, of the Constitution, given the message of the federal Council of 28 June 2006, stop: part 1 General provisions title 1 object and scope of application article 1 purpose this law regulates the procedure applicable before the cantonal courts: a. contentious civil cases; b. judicial decisions of the graceful Court; c. to court decisions on debt collection law and bankruptcy; d. at arbitration.

Art. 2 causes of international treaties and the Federal Act of 18 December 1987 on private international law (PIDA) are reserved.

RS 291 art. 3 organization of the courts and authorities of conciliation unless otherwise provided by law, the Organization of the courts and conciliation authorities falls within the cantons.

Title 2 of the courts and challenge Chapter 1 Competence of material and function art. 4 principles the cantonal law determines the jurisdiction material and functional courts, unless otherwise provided by law.
If the competence rate of the material depends on the value in dispute, this is calculated according to this Act.

Art. 5 single cantonal instance cantonal law establishes the competent court to rule on single cantonal instance on: a. disputes over intellectual property rights, including invalidity, ownership and licensing as well as violation and transfer such rights; b. disputes under the law of cartels; c. disputes concerning the use of reason to trade; d. litigation under the Act of December 19, 1986 against the unfair competition when the value in dispute exceeds 30,000 francs or the Confederation exercises its right of action; e. litigation under the Federal law of 18 March 1983 on civil nuclear liability; f. actions against the Confederacy; (g) the designation of a special controller under art. 697b of the code of obligations (CO); h. litigation under the Act of 23 June 2006 on collective investments, the law of March 24, 1995 on the stock exchanges and of the law of 19 June 2015 on the infrastructure of the financial markets.

That Court is also competent to rule on provisional measures required before lis pendens.

SR 241 SR 732.44 SR 220 new content according to point 3 of the annex to the L of 19 June 2015 on the infrastructure of financial markets, in effect since Jan. 1. 2016 (2015 5339 RO; FF 2014 7235).
RS RS RS 958.1 Art. 954.1 951.31 6 commercial court the cantons may establish a special tribunal which decides as a single cantonal instance on commercial disputes (commercial court).
A dispute is considered commercial under the following conditions: a. the business part at least is concerned; b. a federal court civil appeal may be brought against the decision; c. the parties are entered in the register of the Swiss or in an equivalent foreign register trade.

The applicant can act either before the commercial court or before the ordinary court, if all the conditions are met but only the defendant is registered in the Swiss trade register or an equivalent foreign register.
The cantons may also assign to the commercial court: a. disputes referred to in art. 5, al. 1; b. litigation law of commercial and cooperative companies.

The commercial court is also competent to rule on provisional measures required before lis pendens.

Art. 7 disputes on social insurance additional insurance the cantons may establish a tribunal which decides as a single cantonal instance on disputes over the additional insurance to social health insurance under the Federal Act of 18 March 1994 on health insurance.

RS 832.10 art. 8 direct action before the Court superior if the value in dispute of a patrimonial litigation is of 100,000 francs at least, with the consent of the defendant, the plaintiff may bring action directly before the High Court.
This Court as a single cantonal instance.

Chapter 2 jurisdiction at the place Section 1 provisions general art. 9. for imperative a for is imperative if expressly provided by law.
The parties may not derogate from one for imperative.

Art. 10 home and headquarters unless otherwise provided in this Act, the Forum is: a. for actions directed against an individual, your home; b. for actions directed against legal persons, institutions and corporations under public law as well as the partnership or limited partnership companies, that their seat; c. for actions against the Confederation , the higher court of the canton of Berne or the canton of domicile, headquarters or habitual residence of the applicant; d. for actions against a canton, a court in the capital.

The home is determined according to the civil code (CC). Art. 24 CC is not applicable.

Rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10).
SR 210 art. 11 residence when the defendant has no domicile, the Forum is that of habitual residence.
A person has his habitual residence to the place where she lives for a period of time, even if this duration is limited from the outset.
If the defendant has no habitual residence, the competent court is that of his last place of residence known.

Art. 12 institutions and branches the Court of domicile or headquarters of the defendant or of the place where he has his establishment or its branch is competent to rule on actions arising from the commercial or professional activities of a facility or a branch.

Art. 13 provisional measures unless otherwise provided by law, is absolutely competent to order interim measures: a. the Court jurisdiction over the main action; (b) the Court of the place where the measurement is to be executed.

Art. 14 counterclaim a counterclaim may be formed at the Forum of the main action when she is in a relationship of connection with the principal claim.
This forum remains even if the principal claim is liquidated, for any reason whatsoever.

Art. 15 Consorite and cumulation of actions when the action is brought against several others, the competent court in respect of a defendant is against all others, unless that jurisdiction is based solely on an election of for.
When several claims with connected are high against the same defendant, each competent court to decide on one of them is for all.

Art. 16 call in question the court competent to adjudicate on the action main statue also on the call in question.

Art. 17 Election of for unless otherwise provided by law, the parties may agree to a forum for the resolution of a present or future dispute arising from a particular legal relationship. Unless otherwise conventional, the action may be brought only before the elected forum.
The convention must be placed in writing or by any other means to prove something.

Art. 18 tacit acceptance unless otherwise provided by law, the Court is competent when the defendant proceeds without reserve on jurisdiction.

Art. 19 graceful court unless otherwise provided by law, the Court or the authority of the domicile or headquarters of the applicant is absolutely competent to rule on affairs within the jurisdiction of the graceful.

Section 2 rights of persons art. 20 protection of the person and protection of data home or headquarters of one court parts is jurisdiction over: a. action based on a breach of privacy; b. the queries in the execution of the right of reply; c. actions in protection of the name and challenge of a change of name; d. actions and queries based on art. 15 of the Federal law of June 19, 1992, on the protection of the data.

RS 235.1 art. 21 declaration of death and absence the Court of the last known home of a missing person is absolutely competent to rule on Petitions for declaration of death or absence (art. 34 to 38 CC).

SR 210 art. 22 modification of registers of civil status the Court in whose jurisdiction vital to change data have been or should be saved is absolutely competent to rule on actions in editing the registry.

Section 3 right of family art. 23 queries and actions based on the right of marriage the Court of the domicile of one of the parties is absolutely competent to rule on motions and actions based on the right of marriage as well as on applications for interim measures.
The Court of the domicile of the debtor is absolutely competent to rule on applications for separation of property from the authority of oversight on debt enforcement and bankruptcy.

Art. 24 queries and actions for registered partnership


The Court of the domicile of one of the parties is absolutely competent to rule on the motions and actions for registered partnership as well as on applications for interim measures.

Art. 25 finding and challenging filiation the Court of the domicile of one of the parties is absolutely competent to rule on the action in finding or challenging filiation.

Art. 26 maintenance and alimony the Court of the domicile of one of the parties is absolutely competent to rule on the actions of independent maintenance brought by children against their father and mother and cases brought against parents required to provide food.

Art. 27 the unmarried mother claims the Court of the domicile of one of the parties is absolutely competent to rule on the claims of the unmarried mother.

Section 4 right estate art. 28. the Court of the last domicile of the deceased is competent to rule on the estate shares as well as the liquidation of the matrimonial actions following the death of one of the spouses or of one of the registered partners.
The authorities of the last domicile of the deceased are absolutely competent to decide on measures in relation to devolution. If the death is not occurred at home, the authority of the place of death shall communicate the fact to the authority of the home and takes the necessary measures to ensure the conservation of the sis goods instead of death.
Independent actions on a farm or agricultural building estate allocation can also be brought before the Court of the place where the object is located.

Section 5 rights real art. 29 buildings the Court of the place where a building is or should be registered in the land register is competent to rule on: a. real actions; b. the actions against communities of owners by floor; c. the constitution guarantees legal rights shares.

Court domicile or headquarters of the defendant may also decide on other actions relating to rights over the building.
When the action concerns several buildings or a building registered in several districts, the Court of the place where is located the building with the largest surface or the largest surface area of the building is competent.
The Court of the place where a building is or should be registered in the land register is absolutely competent to rule on the graceful court cases concerning immovable real rights.

Art. 30 goods furniture Court domicile or headquarters of the defendant or of the place where the property is located is competent to rule on actions on movable real rights, ownership and debt secured by pledge furniture.
In Affairs under the graceful jurisdiction, the Court domicile or seat of the applicant or of the location of the property is absolutely competent.

Section 6 Actions arising from a contract art. 31 principle the Court of the domicile or headquarters of the defendant or of the place where the characteristic performance is to be carried out is competent to rule on actions arising from a contract.

Art. 32 contracts concluded with consumers disputes concerning contracts concluded with consumers, the Forum is: a. the domicile or headquarters of one of the parties when the action is brought by the consumer; b. that of the domicile of the defendant when the action is brought by the provider.

Are deemed contracts concluded with consumers contracts on delivery of consumer for personal or family consumer and needs which has been offered by the other party as part of its business professional or commercial.

Art. 33 lease to rent or to farm on a building the Court of the place where the property is situated is competent to rule on actions based on a contract of lease rent or farm.

Art. 34 labour law the Court of the domicile or headquarters of the defendant or of the place where the employee carries usually his professional activity is competent to rule on the actions of the labour law.
The Court of the place of business of the lessor of services or the intermediary with which the contract has been concluded is also competent to rule on the actions of job seekers or of workers covered by the Act of 6 October 1989 on the employment service and rental services.

RS 823.11 art. 35 legal fors waiver can waive forums provided for the art. 32 to 34 before the birth of the dispute or by tacit acceptance: a. consumers; (b) tenants or farmers of dwellings or premises commercial; c. agricultural farmers; d. job seekers or workers.

The election of for concluded after the birth of the dispute is reserved.

Section 7 Actions based on a wrongful act art. 36 principle the Court of the domicile or headquarters of the injured party or the defendant or the Court of the place of the Act or the result of it is competent to rule on actions based on a wrongful act.

Art. 37 damages consecutive to unjustified interim measures the Court of the domicile or seat of the defendant or of the place where the measures have been ordered is competent to rule on the actions for damages consecutive to interim measures unjustified.

Art. 38 motor vehicle and bicycle accidents the Court of the domicile or headquarters of the defendant or of the place of the accident is competent to rule on the actions arising out of motor vehicle or bicycle accidents.
In addition to the courts referred to in para. 1, the Court of the seat of a branch of the defendant is competent to rule on proceedings against the national insurance bureau (article 74 of the law from 19 dec 1958 on road traffic, LCR) or the national guarantee fund (art. 76 LCR).

SR 741.01 art. 39 civil claim the jurisdiction of the tribunal to rule on the civil claim is reserved.

Section 8 right commercial art. 40 corporate law court domicile or headquarters of the defendant or the seat of the company is competent to rule on liability action based on the company law.

Art. 41 repealed by section II 1 of the Federal Act on Sept. 28. 2012, with effect from May 1, 2013 (RO 2013 1103; FF 2011 6329).

Art. 42 merger, Division, transformation and transfer of assets 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.

SR 221.301 art. 43 cancellation of securities and insurance policies and restrictions on paying the Court of the seat of the company is absolutely competent to rule on the cancellation of equity securities.
The Court of the place where a building is registered in the land register is absolutely competent to rule on the cancellation of mortgage securities.
The Court of domicile or headquarters of the debtor is absolutely competent to rule on the cancellation of other securities or insurance policies.
The Court of the place where payment must be made is absolutely competent to rule on the ban on pay for the effects of Exchange and cheques and their cancellation.

Art. 44 debt obligations by the competent court at the place to authorize the convening of the meeting of creditors is determined under art. 1165 CO.

RS 220 art. 45 fund the Court of the seat of the holder of the authorisation concerned is absolutely competent to rule on cases brought by investors or by the representative of the community of investors.

Section 9 right to debt collection and bankruptcy art. 46. This chapter governs the jurisdiction for the place in case of shares based on the Federal law of April 11, 1889, on debt collection and bankruptcy (LP), insofar as the LP does not of for.

RS 281.1 Chapter 3 challenge art. 47 grounds for recusal judges and judicial officers to challenge in the following cases: a. they have a personal interest in the case; b. they have acted in the same case in another capacity, including as a member of an authority, as legal counsel of a party, as expert, as a witness or as a mediator; c. they are spouses, former spouses, registered partners or ex-partners recorded a part his representative or a person who has acted in the same case as a member of the previous authority or lead of a relationship with one of these people; d. they are relatives or allies in the direct line, or up to the third degree in collateral of a party line; e. they are relatives or allies in direct line or second degree online collateral of a representative of a party or of a person who has acted in the same case as Member of the previous authority; (f) they could be prevented in any other way, notably due to a report of friendship or enmity with a party or its representative.

To it is not only a reason for recusal including participation in the following procedures: a. the granting of judicial assistance b. conciliation; c. the release to the senses of the art. 80-84 LP; (d) the issuance of interim measures; (e) the protection of the conjugal union.


Rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10).
RS 281.1 art. 48 obligation to report the judge or the judicial officer concerned reported timely possible disqualifying and to recuse when it considers that the ground is achieved.

Art. 49 for recusal the party who seeks the recusal of a judge or a judicial officer the application to the tribunal as soon as it has been informed of the reason for recusal. She must make credible the facts giving rise to his request.
The judge or the judicial officer concerned shall decide on the recusal request.

Art. 50 decision if the reason for recusal is disputed, the Court shall decide.
The decision can be appealed.

Art. Consequences of failure to comply with the rules of recusal 51 legal proceedings in which a person required to recuse himself was involved must be renewed if a party requests within ten days after she had knowledge of the ground for disqualification and cancelled.
The one-time probationary measures may be taken into account by the tribunal.
If disqualifying is discovered only after the close of the procedure, the provisions on the revision shall apply.

Title 3 principles of procedure and admissibility conditions Chapter 1 principles of procedure art. 52 respect for the rules of good faith anyone involved in the procedure must conform to the rules of good faith.

Art. 53 right to be heard the parties have the right to be heard.
Notably, they have the right to consult the file and to deliver copy as long as no overriding public interest or private objects.

Art. 54 principle debates and possible oral communication of the judgment are public. Decisions must be made available to the public.
Cantonal law determines whether the proceedings are public.
The doors closed total or partial can be ordered when required by the public interest or an interest worthy of protection from one of the participants in the proceedings.
The family law proceedings are not public.

Art. 55 principles of and inquisitorial Maxim parties allege the facts on which they based their claims and produce evidence related thereto.
The provisions providing for the establishment of the facts and evidence of office administration are reserved.

Art. 56 inquiry by the tribunal the Court calls the parties when their acts or statements are unclear, contradictory, imprecise or obviously incomplete and gives them the opportunity to clarify and complement.

Art. 57 application of the law the Court applies the right to office.

Art. 58 provision principle and Maxim office the Court may grant a party more or other thing than what is required, nor less than what is acknowledged by the other party.
Provisions that the tribunal is not bound by the conclusions of the parties are reserved.

Chapter 2 Conditions of admissibility art. 59 principle the Court is material on requests and requests that meet the conditions of admissibility of the action.
These conditions include the following: a. the applicant or the applicant has an interest worthy of protection; (b) the tribunal is competent for the matter and place; c. the parties have the capacity to be a party and ester in justice; d. the dispute is not subject to a pre-existing lis pendens; e. the litigation is not the subject of a decision entered into force; f. advances and the security for procedural costs have been paid.

Art. 60 review of the conditions of admissibility the Court examines Office if the requirements for admissibility are met.

Art. 61 arbitration when the parties concluded on an arbitrable dispute for arbitration agreement, the court seised shall decline jurisdiction, except in the following cases: a. the defendant proceeded inside without reserve; (b) the Court finds that, obviously, the arbitration agreement is invalid or cannot be applied; c. the arbitral tribunal, for reasons that are clearly due to the defendant of the arbitral proceedings could not be established.

Title 4 lis pendens and discontinuance of action art. 62 beginning of the pendency of the proceeding is brought by filing request conciliation of the application or the request for justice, or the joint petition for divorce.
Proof of filing of the writ is issued to the parties.

Art. 63 lis pendens in the event of incompetence of the tribunal or dummy procedure if the writ is withdrawn or dismissed for incompetence is reintroduced in the month following the withdrawal or the declaration of inadmissibility before the Court or the competent conciliation authority, the proceeding is deemed to be introduced to the date of first filing of the Act.
This also applies where the application has not been made according to the prescribed procedure.
The legal action of the LP are reserved.

RS 281.1 art. 64 effects of lis pendens lis pendens in particular deploys the following effects: a. the same cause between the same parties, cannot be brought to justice before another authority; (b) the jurisdiction of the place is perpetuated.

When a period of private law is based on the date of the filing of demand, the opening of the action or an another originating, the defining moment is the beginning of lis pendens within the meaning of this Act.

Art. 65 effect of discontinuance of action the applicant who withdraws his action before the competent court cannot bring it back against the same party and the same object that if the tribunal has not notified his request to the defendant, or if the agreed withdrawal.

Title 5 Parties and third party participation in the trial Chapter 1 capacity to be a party and to sue art. 66 capacity to be a party the capacity to be a party is subordinate to the enjoyment of civil rights, either party by virtue of federal law.

Art. 67 ability to litigate the exercise of civil rights confers the ability to sue.
The person who does not have the exercise of civil rights acts through his legal representative.
The person who does not have the exercise of civil rights can, as long as it is capable of discernment: a. rights strictly independently staff; b. temporarily perform the necessary acts if there is danger in delay.

Chapter 2 Representation of the parties art. 68 conventional representation anyone able to institute legal proceedings may be represented at the trial.
Are allowed to represent parties on a professional basis: a. in all procedures, lawyers authorized to practice legal representation the Swiss under the Federal law of June 23, 2000, on the free movement of lawyers; b. to the conciliation authority, in heritage Affairs subject to the simplified procedure and in cases subject to the summary procedure courts business agents and legal agents patented, if the cantonal law; (c) in cases referred to the summary procedure under art. 251, professional representatives within the meaning of art. 27 LP; d. before special courts in terms of contract of lease and contract of work, professionally qualified agents, if the cantonal law.

The representative must prove his powers by proxy.
The Court may order the personal appearance of the parties are represented.

RS 935.61 RS 281.1 art. 69 inability to proceed if a part is clearly unable to proceed itself, the Court may invite him to commit a representative. If the part does not due this order within the time limit, the court appoints one.
The court notifies the competent authority when protective measures were indicated.

New content according to section 3 of Schedule 2, in force since Jan. 1. 2013 (2010 1739 RO; FF 2006 6841; 2011 725 RO; FF 2006 6635).

Chapter 3 Consorite art. 70 necessary Consorite the parties to a legal relationship that is likely only to a single decision must act or be operated jointly.
The procedure acts in good time by one of the consorts are worth for those who did not, with the exception of the declarations of use.

Art. 71 Consorite simple people whose rights and duties are the result of facts or similar legal basis may act or be operated jointly.
The simple consorite is excluded when the causes are different procedures.
Each consort may proceed independently of the others.

Art. 72 common representative the consorts can commit a common representative. As long as no representative is appointed, notifications are sent to every consort.

Chapter 4 Section 1 Intervention Intervention main art. 73. the person who claims to have a better law excluding totally or partially one of the parties may act directly against them before the Court of first instance hearing the case.
The Court may either suspend the trial until the action of the keynote should be a judgment entered into force or join the two cases.

Section 2 Intervention accessory art. 74 principle


Anyone who makes likely a legal interest that a dispute during either judged in favour of one of the parties may at any time intervene ancillary and attend court a motion to intervene for this purpose.

Art. 75 request the application to intervene indicates the reason for the intervention and the party in whose favour it is filed.
The Court rules on the motion after hearing the parties. The decision can be appealed.

Art. 76 rights of the speaker, the speaker may perform all acts of procedure consistent with the State of the trial that are useful to the main part of which he supported the cause; it arguable including all means of attack and defense as well as appeal resort.
The actions of the speaker are not considered if they contradict the determinations of the main part.

Art. 77 effect of intervention against the main part results is opposable to the intervener, except in the following cases: a. the status of the trial at the time of his intervention or the acts or omissions of the main part prevented him to assert means to act and defend; b. the main part failed, intentionally or by gross negligence, to assert means action or defend that the speaker did not know.

Chapter 5 third party notice and call into question Section 1 denunciation of body art. 78 principle a party may denounce the instance to a third party when it considers, for the case where she would succumb, she could make claims against him or be the object of claims on his part.
The third party denounced in turn can denounce the instance.

Art. 79 position of the third party the denounced can: a. intervene without any other condition in favour of the party who denounced the proceeding; (b) proceed instead of denouncing part if it agrees.

If the denounced refused to intervene or does not follow the denunciation, the trial take place.

Art. 80 effects of the art information. 77 shall apply by analogy.

Section 2 call article 81 principles denouncing him can call into question the denounced the court hearing the main application by asserting claims considers have against him to the case where he would succumb.
The callee in question can in turn call a third party.
The appeal is not allowed under the simplified procedure or in summary proceedings.

Art. 82 procedure the request for admission of the appeal must be lodged with the answer or the replica in the main proceedings. Denouncing him sets out the conclusions which it intends to take against the called into question and motivates them succinctly.
The tribunal gives the opportunity to the other party and the called party in question to speak.
If the appeal is allowed, the tribunal fixed the time and scope of the exchange of Scriptures that refers; art. 125 is reserved.
The admission of the appeal decision may be appealed.

Chapter 6 Substitution of part art. 83. when contentious subject is alienated during the proceedings, the purchaser may resume the trial in place of the party who withdraws.
The part that replaces is responsible for all the costs. The party that withdrew from the trial answers severally the costs incurred up to the substitution.
At the request of the opposing party, the judge may if necessary order to the taking to form a security for the execution of the decision.
In the absence of alienation of the subject of the dispute, the substitution of part is subject to the consent of the other party; Special provisions for the succession of a third party to the rights or obligations of the parties are reserved.

Title 6 Actions art. 84 condemnatory action the applicant brought a condemnatory action to get the defendant to do, refrain from doing or tolerate something.
The action for the payment of a sum of money must be encrypted.

Art. 85 action in payment unencrypted if the applicant is unable to articulate entry-level cause the amount of its claim or if this indication cannot be required to immediately, he may bring an action isn't encrypted. It must, however, indicate a provisional minimum value as value in dispute.
Once the evidence or information provided by the respondent, the applicant must encrypt its request as soon as it is in condition to do so. The jurisdiction of the court seized is maintained, even if the value in dispute exceeds its jurisdiction.

Art. 86 partial action a divisible claim is likely partial action.

Art. 87 formative action the plaintiff suing trainer for the creation, modification or dissolution of a right or a given legal relationship.

Art. 88 action right finding the plaintiff brought an action in finding right to see by a court the existence or absence of a right or a legal relationship.

Art. 89 action by associations and organizations other organizations of national or regional significance that are authorized under the terms of their statutes to defend the interests of a certain group of people can, in their own name, Act for the breach of privacy of the members of this group.
They may request the judge: a. to prohibit an unlawful infringement if it is imminent; b. to stop if she continues; c. see unlawful, if the disorder she created remains.

The special provisions on the right of action of organizations are reserved.

Art. 90 cumulation of actions the plaintiff may collect several claims against the same defendant in the same action provided that: a. the same court is competent for the matter; (b) they are subject to the same procedure.

Title 7 value contested art. 91 principle the dispute's value is determined by the conclusions. The interest and fees of the current procedure or a possible publication of the decision and, if necessary, the value resulting from the subsidiary conclusions are not taken into account.
When the action does not cover the payment of a specific sum of money, the Court determines the value in dispute if the parties fail to agree on this point or value what they argue is clearly wrong.

Art. 92 income and periodic income benefits and regular benefits have the value of the capital they represent.
If the duration of periodic benefits and income is indefinite or unlimited, the capital consists of the annual amount of the income or delivery multiplied by twenty; If it comes to annuities, the amount of the capital is its present value.

Art. 93 simple Consorite and simple actions in the event of consorite overlapping or combination of actions, claims are added, unless they are mutually exclusive.
In the case of simple consorite, the type of procedure for each claim is maintained, despite the addition of the contentious values.

Art. 94 counterclaim when the principal claim and counterclaim are opposed, the value in dispute is determined by the highest claim.
When counterclaim and main applications are not, their respective disputed values are added together to determine the charges.

Title 8 fees and legal aid Chapter 1 fees art. 95 definitions costs include: a. legal costs; b. costs.

Court costs include: a. the fixed conciliation fee; (b) the flat-rate fee decision c. costs of taking of evidence; d. translation costs; e. representation of the child (art. 299 and 300) costs.

The costs include: a. necessary disbursements; (b) the reimbursement of a professional representative; c. where a party has no representative professional, fair compensation for the steps performed, in cases where this is justified.

Art. 96 rate the cantons set the tariff of costs.

Art. 97 information on fees the Court informs the party who is not assisted by a lawyer on the likely fees amount and legal assistance.

Rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10).

Art. 98 Advanced costs the Court may require the applicant an advance to competition of all court costs alleged.

Art. 99 collateral as security for costs the applicant shall, at the request of the defendant, provide in the following cases of the security for the payment of costs: a. it has no domicile or seat in Switzerland; b. apparently insolvent, particularly due to bankruptcy, bankruptcy proceedings or the issuance of default of goods acts; c. He is debtor of a previous proceeding fees; d. other reasons reveal a significant risk costs are not paid.

The necessary consorts are required to provide collateral if one of the above conditions is carried out for each of them.
There is not place to provide collateral: a. in the simplified procedure, with the exception of heritage Affairs referred to in art. 243, al. 1. in divorce proceedings; (c) in summary proceedings, with the exception of the procedure applicable in clear cases (art. 257).

Art. 100 nature and amount of the securities collateral can be provided in cash or in the form of security for a Bank established in Switzerland or an authorized insurance company in Switzerland.

They can be increased, reduced or eliminated by the Court.

Art. 101 supply of advances and securities the court sets a deadline for the provision of advances and securities.
It may order interim measures before the provision of the security.
If the advances or securities are not provided at maturity of an extension, the Court is not matter on the application or request.

Art. 102 ahead of costs of administration of evidence each party advance the costs of evidence it requires.
When the parties require the same means of evidence, each advance half of the costs.
If the advance is not provided by a party, it may be by the other party, otherwise, the evidence are not administered. The administration of the evidence in cases in which the Court must establish the facts of its own motion is reserved.

Art. 103 appeals decisions cost advances and securities may be subject to appeal.

Chapter 2 allocation and fees art. 104 decision on costs the tribunal adjudicates fees as a general rule in the final decision.
In the case of interim decision (art. 237), the costs incurred up to that time can be allocated.
The decision on the costs of the interim measures may be referred to the final decision.
In case of removal of the cause, the higher court may delegate the apportionment of costs of the appeal proceedings to the previous court.

Art. 105 fixation and distribution of judicial expenses are fixed and distributed automatically.
The tribunal fixed costs according to the tariff (art. 96). The parties can produce a Bill.

Art. 106 general rules of distribution costs being borne by the unsuccessful party. The unsuccessful party is the applicant when the tribunal is not in material and in case of withdrawal of action; She is the defendant in the event of acquiescence.
When none of the parties gets completely successful, costs are allocated according to the outcome of the case.
When several people are involved in the trial as a main or accessory parts, the Court determines the share of each at the expense of the trial. It can hold them jointly responsible.

Art. 107 distribution in fairness the tribunal may depart from the General rules and allocation fees at its discretion in the following cases: a. the applicant gets win on the principle of its conclusions but not on their amount, this being dependent on the discretion of the Court or difficult to quantify; b. a party filed the lawsuit in good faith; c. the dispute falls within the law of the family; d. the record of a registered partnership; e dispute. the procedure has become moot and the Act does not otherwise; f. special circumstances make the distribution based on the fate of the unfair cause.

Court costs which are not attributable to the parties or third parties can be borne by the canton if equity so requires.

Art. 108 fees caused unnecessarily fees caused unnecessarily being borne by the person who has given birth to them.

Art. 109 distribution in case of transaction parties who deal in court the costs according to the transaction.
The art. 106-108 are applicable in the following cases: a. the transaction does not address the distribution of fees; b. it discriminates against unilaterally the part for the benefit of legal aid.

Art. 110 appeals the decision on costs cannot be attacked separately than by an appeal.

Art. 111 rules of judicial expenses are offset with the advances provided by the parties. The person who is responsible for the fees pays the remaining amount.
The part to which the burden of fees renders advances that it has provided and pays the costs that have been allocated to the other party.
The provisions on legal aid are reserved.

Art. 112 stay, discount, prescription and interest the tribunal may grant a stay or when the part is permanently without the means, to renounce claims in court costs.
These receivables prescribes 10 years after the end of the trial.
The interest is 5%.

Chapter 3 special provisions governing fees art. 113 conciliation procedure it is not allocated to costs in the conciliation procedure. Compensation by the canton of the committed legal office is reserved.
It is not perceived in court costs for: a. disputes under the Act of 24 March 1995 on equality; b. the litigation under the Act of December 13, 2002 on equality for people with disabilities; c. the litigation involving leases to rent or farm dwellings or commercial or agricultural farm leases; d. disputes concerning an employment contract or under the law of 6 October 1989 on the employment service and rental services, where the value in dispute exceeds not 30,000 francs; e. litigation under the Act of 17 December 1993 on participation; f. disputes over additional insurance in the social health insurance within the meaning of the Federal Act of 18 March 1994 on health insurance.

RS RS RS RS RS 832.10 Art. 822.14 823.11 151.3 151.1 114 procedure inside it is not perceived of costs in the proceedings on the merits: a. disputes under the Act of 24 March 1995 on equality; b. litigation under the Act of December 13, 2002 on equality for people with disabilities; c. disputes concerning an employment contract or under the law of 6 October 1989 on the employment service and rental services where the value in dispute exceeds not 30,000 francs; d. litigation under the Act of 17 December 1993 on participation; e. disputes concerning complementary insurance to social insurance within the meaning of the Federal Act of 18 March 1994 on health insurance.

RS RS RS RS RS 832.10 Art. 822.14 823.11 151.3 151.1 115 obligation to bear the costs even in the free procedures, court costs can be charged to the party that proceeded recklessly or in bad faith.

Art. 116 waivers of fees provided for by cantonal law the cantons may provide larger fee waivers.
Fee waivers that the Township plans for himself, his Commons and other corporations of cantonal law also apply to the Confederation.

Chapter 4 support judiciary art. 117 right a person has the right to legal aid under the following conditions: a. it has not enough resources; b. its cause is not devoid of any chance of success.

Art. 118 scope legal assistance includes: a. exemption of advances and securities; (b) the exemption from court fees; (c) the assignment of legal counsel by the Court when the defence of the rights of the applicant so requires, especially when the opposing party is assisted by a lawyer; the assistance of legal counsel may already be granted for the preparation of the trial.

Legal assistance can be granted totally or partially.
It does not exempt from the payment of costs to the opposing party.

Art. 119 application and procedure the application for legal aid may be made before or during the pendency.
The applicant justifies his fortune and income situation and exposes the case and the evidence that he intends to rely. It may indicate the name of the legal advice he wants in its application.
The Court rules on the request for summary proceedings. The opposing party may be heard. It will always be if legal assistance is for the provision of the security for the payment of costs.
Legal aid is exceptionally granted with retroactive effect.
Judicial assistance must be the subject of a new query for the appeals process.
He is not seen in court costs for the judicial assistance procedure, except in the case of bad faith or reckless behavior.

Art. 120 withdrawal of legal aid, the Court removed legal aid when the licensing conditions are no longer met or it turns out than they have ever been.

Art. 121 appeals decisions refusing or withdrawing completely or partially legal aid can be the subject of an appeal.

Art. 122 fees when the part for the benefit of legal aid succumbs, the costs are liquidated as follows: a. the appointed legal Council is paid fairly by the canton; b. legal costs are borne by the canton; c. advances that the opposing party has supplied are returned to him; d. the part for the benefit of legal aid shall pay costs to the other party.

When the party to the benefit of legal aid is successful, the committed legal counsel is paid fairly by the canton if costs can be obtained from the other party or that they likely won't. The canton is subrogated to the extent of the amount paid as of the day of payment.

Art. 123 refund part is required to repay legal aid as soon as she is able to do.
The claim of the canton is prescribed 10 years after the end of the trial.

Title 9 conduct of the trial, acts of procedure and time Chapter 1 conduct of the trial art. 124 principles


The Court in the proceedings. He takes the necessary training decisions to a preparation and a rapid conduct of the proceedings.
The conduct of the trial may be delegated to one of the members of the tribunal.
The tribunal may at any stage attempt a conciliation of the parties.

Art. 125 simplification of the trial to simplify the trial, the Court may include: a. restrict the procedure questions or conclusions determined; b. order causes division; c. order the junction of causes; d. refer the counterclaim to a separate procedure.

Art. 126 suspension of the proceedings the Court may order the suspension of the procedure if reasons of expediency order. Notably, the proceedings may be suspended when the decision depends on the fate of another trial.
The suspension order may be appealed.

Art. Where related actions are pending in different courts, Court later may transmit the action to the Court in the first place, with the consent of 127 referral to outside brackets.
The order for reference can be subject to appeal.

Art. 128 discipline in procedure and reckless methods anyone, during the procedure before the tribunal, violates the proprieties or disrupts the course of the proceedings is punished a reprimand or a disciplinary fine of 1000 francs at most. In addition, the Court may order the expulsion of the person concerned of the hearing.
The Court may request the assistance of the police.
The party or his representative who wear out of bad faith or reckless processes are punished a disciplinary fine of 2000 francs at most. the fine is 5000 francs at most in case of recurrence.
The disciplinary fine may be subject to appeal.

Chapter 2 form of legal proceedings Section 1 language of the proceedings art. 129. the procedure is conducted in the official language of the canton in which the case is decided. The cantons which recognise several official languages regulate their use in the procedure.

Section 2 acts of the parties art. 130 form acts are referred to the tribunal in paper or electronic form. They must be signed.
When they are transmitted electronically, the document containing the Act and the attachment must be certified by the electronic signature of the sender. The federal Council determines the format of the document.
The Court may require that the Act and the attachment sent by electronic means be produced on paper.

Art. 131 the number of copies a copy of acts and parts that exist on paper is filed to the tribunal and a copy for every other party; otherwise, the Court may grant an extension to that part or make copies useful at the expense of the latter.

Rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10).

Art. 132 formal defects and abusive or introduced in a litigious way acts the court sets a deadline for correction of such formal defects the lack of signature or power of attorney. Otherwise, the Act is not taken into account.
The al. 1 also applies to illegible, inappropriate, incomprehensible or prolix acts.
Abusive or introduced in a litigious way acts are returned to the sender.

Section 3 quotes art. 133 content the quote indicates: a. the name and address of the person cited to appear; b. the object of the dispute and the parties; c. the quality in which the person is summoned; d. the place, the date and time of appearance; (e) the Act of procedure for which it is cited; f. the consequences of a non appearance; (g) the date of the quote and the signature of the Court.

Art. 134 period unless otherwise provided by law, the quote must be sent at least ten days before the court date.

Art. 135 dismissal of the court appearance may return the date of appearance for sufficient reasons: a. Office; b. when the request is made prior to that date.

Section 4 Notification judiciary art. 136 acts to notify the tribunal shall notify the persons concerned including: a. citations; b. the orders and the decisions; c. the acts of the other party.

Art. 137 notification to a party represented when the party is represented, the acts shall be notified to its representative.

Art. 138 form quotes, orders and decisions shall be notified by registered or in some other way mail against acknowledgement of receipt.
The Act is deemed notified when it has been delivered to the consignee, an employee or a person of 16 years old living in the same household. The order given by the tribunal to notify the Act personally to the addressee is reserved.
The Act is also deemed notified: a. in the case recommended, when it has not been withdrawn: at the expiry of seven days from the delivery failed, if the recipient should expect to receive the notification; b. when the recipient who must be handed over personally refuses to receive and that the refusal is found by the wearer : the day of the refusal to receive.

Other acts may be notified by regular mail.

Art. 139 notification electronically acts may be notified electronically with the agreement of the person concerned.
The federal Council shall regulate the terms and conditions.

Art. 140 Election of domicile the Court may order the parties including the home or headquarters abroad to elect a domicile of notification in Switzerland.

Art. 141 public notification edictale notification is made by publication in the cantonal official journal or in the Swiss official trade journal: a. when the place of residence of the recipient is unknown and could not be determined despite research that may reasonably be required; b. where a notification is not possible or present extraordinary difficulties; c. when the party domiciled abroad has not elected domicile of notification in Switzerland despite the court order.

The Act is deemed notified on the day of publication.

Chapter 3 time, default and return Section 1 time art. 142 computation delays triggered by communication or the occurrence of an event run after them.
When a deadline is in months, it expires on the day of the month corresponding to the day where he started running. In the absence of such a date, it expires the last day of the month.
If the last day is a Saturday, a Sunday, or a holiday recognized by the federal or cantonal law of the seat of the tribunal, the time expires on the following working day.

Art. 143 observation of deadlines acts must be given no later than the last day of the period either to the Court or to the attention of the latter, to the Swiss Post Office or representation diplomatic or consular Switzerland.
When an act is sent by electronic means, the deadline is met if the computer system corresponding to the official e-mail address of the Court confirms receipt the last day of the period at the latest.
A payment to the Court is made within the time prescribed when the amount is paid in favor of the tribunal to the Swiss Post or charged to a bank or postal account in Switzerland the last day of the period at the latest.

Art. 144 extension the legal time limits may not be extended.
Deadlines may judicially be extended for sufficient reasons, when the request is made before they expire.

Art. 145 suspension of deadlines the legal time limits and deadlines judicially do not run: a. from the seventh day before Easter to the seventh day following Easter included; b. July 15 to August 15 included; (c) from December 18 to January 2 included.

Suspension of time limits does not apply: a. to the conciliation procedure; b. to summary proceedings.

The parts are made attentive to the exceptions provided for in para. 2. the provisions of the LP on the weekdays and the stay of proceedings are reserved.

RS 281.1 art. 146 effects of the suspension when an act is notified during the suspension of a period, the period runs from the day following the end of the suspension.
The tribunal holds a hearing during the suspension for a period of time, unless the parties thereto.

Section 2 default and return art. 147 default and consequences part is failing when it omits to do an act of procedure within the time prescribed or does not show up when it is summoned.
The procedure is ongoing although it is considered the default, unless otherwise provided by law.
The Court makes the parties pay attention to the consequences of the failure.

Art. 148 restitution the Court may grant an extension or quote the parts to a new audience when the defaulting party requests and makes it likely that the defect is not attributable to him or is due to a slight fault.
The request is made within ten days following the one where the cause of the fault has disappeared.
If a decision has been communicated, the return may be required in the six months following the entry into force of the decision.

Art. 149 proceedings the tribunal give the opposing party the opportunity to express themselves and the final determination on the return.

Title 10 evidence Chapter 1 General provisions


Art. 150 object of the evidence the evidence is intended the relevant and disputed facts.
Evidence may also focus on usage, local customs, and in economic disputes, the foreign law.

Art. 151 well-known facts facts notorious or notoriously known to the Court and the generally recognized rules of experience cannot be proven.

Art. 152 right to evidence any party entitled to what the tribunal administers the means of adequate evidence offered regularly and in good time.
The tribunal does not consider the means of evidence obtained illegally if the interest in the manifestation of the truth is paramount.

Art. 153 administration of evidence ex officio the tribunal administers evidence ex officio when the facts must be established automatically.
He can administer them automatically when there are grounds to doubt the veracity of an undisputed fact.

Art. Evidence evidence orders 154 orders prior to the taking of evidence They refer in particular forms of evidence admitted and determine for each fact which part is the evidence or rebuttal evidence. They may be amended or supplemented at any time.

Art. 155 the administration of evidence evidence administration may be delegated to one or more members of the tribunal.
A party may request for good cause that the evidence be administered by the Court, which rules on the cause.
The parties have the right to participate in the taking of evidence.

Art. 156 backup of interest worthy of protection the Court ordered measures to avoid that the administration of evidence don't infringe interests worthy of protection of the parties or third parties, including business secrets.

Art. 157 free assessment of the evidence the Court establishes his conviction by a free assessment of the evidence.

Art. 158 evidence in future Court administers the evidence at all times: a. when the law gives the right to request; b. when endangered evidence or an interest worthy of protection is made likely by the applicant.

The provisions on provisional measures shall apply.

Art. 159 bodies of a legal person when a legal person is a party to the trial, its bodies are treated as a party in the proceedings of the evidence.

Chapter 2 duty to work and the right to refuse to work Section 1 provisions general art. 160 obligation to work the parties and third parties are required to cooperate in the administration of the evidence. They have in particular the obligation: a. to testify according to the truth as a party or witness; b. to produce the required titles, except for the documents concerning contacts between a party or a third party and a lawyer authorized to represent professional or a patent aus Attorney sense of art. 2 of the law of 20 March 2009 on patent attorneys; c. to tolerate scrutiny of their person or their property by an expert inspection.

The tribunal decide freely on the duty of working minors. It takes into account the good of the child.
Third parties who have the duty to co-operate are entitled to fair compensation.

New content according to ch. I-4 of the Federal Act on Sept. 28. 2012 on the adaptation of disp. procedure relataives to the professional secrecy of lawyers, in force since May 1, 2013 (RO 2013 847; FF 2011 7509).
RS 935.62 art. 161 information the Tribunal the parties and third parties pay attention to their duty to cooperate, their right to refuse to work and the consequences of failure.
It cannot take into account administered evidence if the parties or third parties were not informed of their right to refuse to work, unless the person concerned consents or that his refusal to collaborate was unjustified.

Art. 162 refusal justified to work the tribunal cannot infer a legitimate refusal of work of a party or a third party that the alleged fact is proved.

Section 2 rights of refusal of the parties art. 163 right of refusal a party can refuse to work: a. when the administration of evidence could expose a relative within the meaning of art. 165 in a criminal prosecution or civil liability; b. when the revelation of a secret could be punishable under art. 321 of the criminal code (CP); reviewers are excepted; art. 166, al. 1, let. b, ultimately, shall apply by analogy.

The custodians of other secrets protected by law can refuse to work if they likely interest in secrecy outweighs the interest in the truth.

RS 311.0 art. 164 unjustified refusal if a party refuses to cooperate without good reason, the Court considered in the assessment of the evidence.

Section 3 right of refusal of the third art. 165 right of absolute refusal have the right to refuse to work: a. the spouse of a part, the other spouse or the person conducting a marriage with her; (b) the person who has a child with a part; c. parents and allies in direct line of a part, and up to the third degree, his parents and allies in the collateral line; d. foster parents , collected children and children raised as brothers and sisters of one party; e. the person named as guardian or trustee of a party.

Registered partnership is assimilated to marriage.
The two siblings are considered brothers and sisters.

New content according to section 3 of Schedule 2, in force since Jan. 1. 2013 (2010 1739 RO; FF 2006 6841; 2011 725 RO; FF 2006 6635).

Art. 166 right of refusal limited any third party can refuse to work: a. to establish facts which might expose him or expose a close to the senses of the art. 165 a criminal prosecution or civil liability or that of relatives; b. to the extent where, as a result, the revelation of a secret would be punishable under art. 321 CP; reviewers are excepted; with the exception of lawyers and churchmen, the third under an obligation to denounce or released from the obligation to maintain secrecy has a duty to collaborate, unless he makes probable that interest in secrecy prevails over interest in the manifestation of the truth; c. to establish facts that have been entrusted to him in his official capacity of public servant within the meaning of art. 110, al. 3, CP or member of an authority, or that he had knowledge in the exercise of its functions; It should work if it is subject to a duty to report or if the authority which he belongs there has been authorised; d. when he would be brought as an ombudsman or mediator to reveal facts of which he had knowledge in the exercise of its functions; e. when he would be brought, as a collaborator or auxiliary participating in the publication of information in the editorial part of a periodic to reveal the identity of the author or the content and the sources of its information.

Holders of other rights of confidentiality that are protected by the Act may refuse to work if they make it likely that interest in secrecy prevails over the interest to the manifestation of the truth.
The special provisions of the law of social insurance on the communication of data are reserved.

RS 311.0 rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10).

Art. 167 refusal unjustified when someone refuses to unjustifiably to work, the Court may: a. impose a fine of 1,000 francs at most; (b) threaten to take the sanctions provided for in art. 292 CC; c. order the implementation of public force; d. put the costs caused by the refusal of work charged to third.

In case of default, the third faces the same consequences if he had refused to cooperate without good reason.
The third party may file an appeal against the decision of the Court.

RS 311.0 Chapter 3 means of evidence Section 1 eligibility art. 168. the means of evidence are: a. the testimony; b. the securities; c. inspection d. expertise; e. written information; f. the interrogation and the testimony of part.

The provisions governing the fate of children in family law proceedings are reserved.

Section 2 evidence art. 169 object any person who does not have standing as a party may testify on facts which she had a direct perception.

Art. 170 quote witnesses are subpoenaed by the tribunal.
The Court may allow the parties to bring witnesses unless they were summoned.
The hearing can take place place of residence of the witness. The parties are informed in timely.

Art. 171 form of hearing the witness's prior urged to respond in accordance with the truth; If there at least fourteen years, it is made attentive to the penal consequences of the false testimony (art. 307 CP).
Each witness is questioned outside the presence of other witnesses; the confrontation is reserved.
The witness must speak freely; the Court may allow him to make use of written documents.
The Court barred the witnesses to attend other hearings, as long as they keep the quality of witness.

RS 311.0 art. 172 content of the hearing, the tribunal asked the witness:

a. to identify self; b. to describe his personal relationships with the parties and other circumstances may affect the credibility of his testimony; c. the facts of the case he has seen.

Art. 173 additional questions the parties may ask additional questions to be put to the witness or ask themselves with the consent of the tribunal.

Art. 174 confrontation witnesses may be confronted with each other and with the parts.

Art. 175 expertise testimony when a witness has special knowledge, the Court may also question him in order to appreciate the facts of the case.

Art. 176 minutes most of the evidence is recorded in the minutes, which is read or submitted for reading to the witness and signed by it. Additional questions from those who have been rejected are also brought to the minutes on request of a party.
The depositions may be recorded on magnetic, video tapes, or by any other appropriate technical means.
If, during the proceedings, depositions are recorded by technical means within the meaning of para. 2, the Court or the tribunal member to whom the administration of evidence is delegated may dispense with read the transcript to the witness or to hand it over to reading and to sign him. Records must be on the record and kept with the minutes.

New content according to no I 1 of the Federal Act on Sept. 28. 2012 (Disp) relating to the drafting of the minutes, in force since May 1, 2013 (RO 2013 851; FF 2012 5281 5293).
Introduced by no I 1 of the Federal Act of Sept. 28. 2012 (Disp) relating to the drafting of the minutes, in force since May 1, 2013 (RO 2013 851; FF 2012 5281 5293).

Section 3 titles art. 177 definition titles are documents, such as writings, drawings, plans, photographs, films, sound recordings, electronic files and similar data specific to prove relevant facts.

Art. 178 authenticity the party claiming a title shall prove the authenticity if the other party contests based on sufficient grounds.

Art. 179 probative of public records and public records authentic titles and authentic titles are proof of the facts that they attest as long as it has not been established that their content is inaccurate.

Art. 180 production of securities a copy of the title can be produced instead of the original. The Court or the parties may require production of the original or a certified copy conform when there are reasons to doubt the authenticity of the title.
When a large document elements are invoked as evidence, they must be reported.

Section 4 Inspection art. 181 execution the Court may, at the request of a party or ex officio, conduct an inspection for the purposes of first-hand facts or to acquire a better knowledge of the cause.
The Court may cite witnesses or experts to the inspection.
The object to be inspected is produced in procedure when it can be transported to the tribunal without difficulties.

Art. 182 minutes inspection been minutes. This is accompanied, where appropriate, plans, drawings, photographs, or other technical media of representation.

Section 5 Expertise art. 183 principles the tribunal may, at the request of a party or ex officio, request expertise in one or more experts. Previously, it shall hear the parties.
The grounds for recusal of judges and judicial officers are applicable to experts.
When the Court appeals to the special knowledge of one of its members, it informs the parties to enable them to decide on this matter.

Art. 184 rights and duties of the expert, the expert is urged to respond in accordance with the truth; It must submit its report within the prescribed time.
The Court makes the expert attention to the criminal consequences of a false report in the sense of art. 307 CC and the violation of secrecy within the meaning of art. 320 CP as well as the consequences of a defect or incomplete execution of the mandate.
The expert is entitled to compensation. The decision is relative may be the subject of an appeal.

RS 311.0 art. 185 mandate the tribunal instructed the expert and submitted, in writing or orally at the hearing, issues subjected to expertise.
It gives the parties the opportunity to comment on questions subjected to expertise and propose that they be amended or supplemented.
The tribunal is available to the expert the acts necessary and a deadline to file its report.

Art. 186 investigations of the expert, the expert may, with leave of the Court, personally carry out investigations. He exhibited in the results in its report.
The Court may, at the request of a party or ex officio, order that the expert investigations be conducted once again according to the provisions applicable to the taking of evidence.

Art. 187 report of the expert, the Court may order that the expert's report be tabled in writing or presented orally. The expert may also be called at the hearing to comment on his written report.
The report of the expert oral is recorded in the minutes; art. 176 shall apply by analogy.
When several experts are mandated, each provides a separate report unless the Court decides otherwise.
The tribunal gives the parties the opportunity to ask for explanations or to ask additional questions.

Art. 188 delay and neglect the Court may revoke the expert and provide for its replacement when it has not filed its report within the prescribed time.
He can, at the request of a party or ex officio, supplement or explain a report incomplete, unclear or insufficiently motivated, or appeal to another expert.

Art. 189 expertise-arbitration the parties may agree that disputed facts must be established by an expert arbitrator.
The shape of the convention is governed by art. 17, al. 2. the tribunal is bound by the findings in the report when the following conditions are met: a. the dispute is at the free disposal of the parties; b. no ground for disqualification was binding on the arbitrator-expert; c. the report was established with impartiality and is not tainted with no manifest error.

Section 6 written information art. 190. the Court may require written official service information.
He may require information letters from individuals whose appearance as a witness does not seem necessary.

Section 7 interrogation and testimony of the parties art. 191 questioning of the parties the Court may hear both parties or one of them on the facts of the case.
The parties are urged to respond in accordance with the truth; the Court makes them pay attention to the fact that in case of deliberate lie, they can be punished by a disciplinary fine of 2000 francs at most, and in case of recidivism, 5000 francs at most.

Art. 192 deposition of the parties the Court may ex officio, under threat of criminal penalties, forcing both parties or one of them to make a statement.
The parties are propelled beforehand to answer according to the truth; the Court makes them pay attention to the consequences of a false statement (art. 306 CP).

RS 311.0 art. 193 minutes art. 176 applies by analogy to the verbalization of the interrogation and the testimony of the parties.

Title 11 mutual assistance between courts Swiss art. 194 principle the courts have an obligation to help one another.
They correspond directly between them.

The territorially competent Swiss judicial authority for letters rogatory is located online at the following address: www.elorge.admin.ch art. 195 pleadings made directly in another Township a tribunal may perform the required acts of procedure directly in another canton; It can especially hearing and is administer evidence.

Art. 196 mutual assistance the tribunal may request assistance. The request may be made in the official language of the applicant court or of the Court addressed.
The Court addressed told the tribunal that complainant and parties on the place and the day when the Act required procedure is accomplished.
The Court addressed may require the reimbursement of its costs.

Part 2 special provisions Chapter 1 scope and authority of conciliation article 1 Conciliation 197 principle the procedure inside is preceded by an attempt at conciliation before a conciliation authority.

Art. 198 exceptions the conciliation procedure has no place: a. in summary proceedings; b. in civil trials; c. in divorce proceedings; d. in the procedures regarding the dissolution of the registered partnership; (e) in the case of actions under the LP: 1. release of debt (art. 83, al. 2 LP), 2. in finding (article 85A LP), 3. in claim (art. 106 to 109 LP), 4. in participation (art. 111 LP), 5. claims of third parties or of the creditors (art. 242 LP), 6. to challenge the scheme of collocation (arts. 148 and 250 LP), 7. in recognition of return to better fortune (art. 265a LP), 8. for reinstatement of property subject to the right of retention (art. 284 LP);


(f) in cases that are within the jurisdiction of a single cantonal instance under arts. 5 and 6; g. main intervention, counterclaim or appeal case involved; h. when the Court has set a deadline for the filing of the application.

RS 281.1 art. 199 waiving the conciliation procedure in a value in dispute of at least CHF 100,000 economic disputes, the parties may waive the conciliation by mutual agreement procedure.
The applicant may decide unilaterally to renounce the conciliation procedure: a. when the domicile or seat of the defendant is outside Canada; b. when the place of residence of the defendant is unknown; c. in cases under the Act of 24 March 1995 on equality.

RS 151.1 art. 200 joint authorities of conciliation in disputes over the leases to rent or farm dwellings or business premises, the conciliation authority consists of a Chairman and representatives in equal numbers.
In litigation under the Act of 24 March 1995 on equality, the conciliation authority consists of a Chairman and an equal representation of employers and employees of the private and public sectors, all the representatives consisting of an equal number of men and women.

RS 151.1 art. 201 tasks the authority of conciliation the conciliation Authority tries to find an agreement between the parties on an informal basis. A transaction may focus on contentious issues which are not included in the object of the dispute insofar as it contributes to its resolution.
The joint conciliation authorities also give legal advice to the parties in the areas referred to in art. 200 Chapter 2 conciliation article Procedure 202 introduction procedure is made by the application of conciliation. It may be filed in the form set out in art. 130 or dictation in the minutes to the conciliation authority.
The conciliation request contains the designation of the opposing party, the conclusions and the description of the subject of the dispute.
The conciliation authority shall notify without delay the request to the other party and quotes at the same time the parties to the hearing.
It may order a prior round of correspondence, on an exceptional basis if a proposed judgment within the meaning of art. 210 or a decision within the meaning of art. 212 is envisaged in the disputes referred to in art. 200 s. 203 hearing the hearing takes place in the two months following the receipt of the request or the end of the exchange of Scriptures.
The conciliation authority takes into account documents submitted; It may carry out an inspection. It may also administer other evidence that are available if a proposed judgment within the meaning of art. 210 or a decision within the meaning of art. 212 is envisaged, provided that the procedure is not substantially delayed.
The hearing is not public. In business within the meaning of art. 200, the conciliation authority may allow partially or completely advertising of debates if a public interest.
The conciliation authority may, with the agreement of the parties, hold additional hearings. The procedure may not exceed twelve months.

Art. 204 personal appearance the parties must appear in person at the conciliation hearing.
They may have the assistance of legal counsel or a trusted person.
Are not required to appear in person and may be represented: a. the person who is domiciled outside the canton or abroad; b. the person stopped to appear due to illness, age or other grounds fair; c. in disputes within the meaning of art. 243, the employer or the insurer that delegates an employee and the lessor who delegates the owner of the building, on the condition that they be empowered, in writing, to compromise.

The opposing party is informed in advance of the representation.

Art. 205 confidentiality statements from the parties need not appear in the minutes of the conciliation or be taken into account subsequently, during the proceedings on the merits.
The taking into account of the depositions in a proposed judgment or decision of the authority of conciliation is reserved.

Art. 206 fault in case of default of the applicant, the request is considered to have been withdrawn; the procedure becomes moot and the case is removed from the list.
When the defendant is in default, the conciliation authority proceeds as if the procedure had not led to an agreement (art. 209 to 212).
If the two parties, the procedure becomes moot and the case is removed from the list.

Art. 207 costs the costs of the conciliation procedure conciliation proceedings are made dependent on the applicant: a. when it withdraws its application; b. when the case is dropped from the role due to a fault; c. when an authorization to proceed.

When the application is filed, the costs of the conciliation procedure follow the fate of the cause.

Chapter 3: Conciliation and authorization art. 208 conciliation when the attempt of conciliation is successful, the conciliation authority recorded a transaction, compliance or an unconditional discontinuance of action in the minutes, which is then submitted for signature by the parties. Each party receives a copy of the minutes.
The transaction, acquiescence or the discontinuance of action have the effects of a decision entered into force.

Art. 209 authorisation to proceed when the attempt at conciliation fails, the conciliation authority records failure on the record and issues the authorization to proceed: a. to the lessor in the event of an increase in rent or the rent dispute; (b) the applicant in other cases.

Permission contains: a. the names and addresses of the parties and, where appropriate, their representatives; b. the conclusions of the applicant, the description of the subject of the dispute and the cross conclusions possible; c. the date of the introduction of the conciliation procedure; (d) the decision on the costs of the conciliation procedure; e. the date of approval to proceed; f. signing authority of conciliation.

The applicant has the right to bring action before the Court within a period of three months from the issuance of approval to proceed.
The deadline is 30 days in disputes on leases to rent or houses or business premises farm and agricultural farm leases. The other legal deadlines for action or judicial under special provisions are reserved.

Chapter 4 proposed judgment and decision art. 210 proposed judgment conciliation authority may submit to the parties a proposed judgment: a. in litigation under the Act of 24 March 1995 on equality; b. in disputes over the leases to rent or to homes or business premises farm and agricultural farm leases with respect to the payment of the rent or the rent protection rents or abusive rents, the protection against holidays or the extension of the lease rent or farm; c. in other economic disputes that the value in dispute does not exceed 5,000 francs.

The proposed judgment may contain a brief statement of reasons; Moreover, art. 238 shall apply by analogy.

RS 151.1 art. 211 effects the proposed judgment is accepted and deploys the effects of a decision which came into force when none of the parties objected within a period of 20 days from the day where it has been communicated in writing to the parties. The opposition should not be motivated.
After reception of the opposition, the conciliation authority issues the authorization to proceed: a. the party who opposes the proposal in the disputes referred to in art. 210, al. 1, let. b; (b) the applicant in other cases.

If, for the cases provided for in art. 210, al. 1, let. b, the action is not brought within the time limits, the proposal of judgment is considered to be recognized and has the effect of a decision entered into force.
The parties are informed of the effects provided in paras. 1 to 3 in the proposed judgment.

Art. 212 decision the authority of conciliation, at the request of the applicant, may rule at the bottom in economic disputes that the value in dispute does not exceed 2,000 francs.
The procedure is oral.

Title 2 Mediation art. 213 mediation replacing the conciliation procedure if the parties so request, the conciliation procedure is replaced by a mediation.
The application is filed in the request for conciliation or at the hearing.
The conciliation authority issues the authorization when a party communicates the failure of mediation.

Art. 214 mediation during the procedure inside the Court may at any time advise the parties to proceed to mediation.
The parties may file a joint request at any time to open a mediation procedure.
Court proceedings remains suspended until the dismissal of the motion by a party or until the end of the mediation.

Art. 215 organization and conduct of the mediation the parties are responsible for the Organization and conduct of the mediation.

Art. 216 relationship with court proceedings the mediation is confidential and independent conciliation and Court authority.
The statements of the parties cannot be taken into account in the judicial procedure.


Art. 217 ratification of the agreement the parties may request the ratification of the agreement reached during the mediation. The ratified agreement has the effect of a decision entered into force.

Art. 218 the costs of mediation mediation costs are borne by the parties.
In the cases concerning the right of children who are not of a patrimonial nature, the parties are entitled to free mediation under the following conditions: a. they lack the necessary means; (b) the tribunal recommends the use of mediation.

Cantonal law may provide for fee waivers.

Title 3 ordinary Procedure Chapter 1 scope of application article 219. the provisions of this title apply to the ordinary procedure and, by analogy, to the other procedures, unless otherwise provided by law.

Chapter 2 round of correspondence and preparation for the main discussions of art. 220 introduction the ordinary procedure is introduced by the filing of the application.

Art. 221 application the application must include: a. the designation parts and, where appropriate, their representative; b. conclusions; (c) an indication of the value in dispute; d. the allegations of fact; e. indication, for each claim, means of evidence offered; (f) the date and the signature.

Are joined to demand: a. If necessary, the power of Attorney of the representative; b. where appropriate, approval to proceed or the declaration of renunciation of the conciliation procedure; c. the titles invoked as evidence; d. a slip of the cited evidence.

The application may contain a legal reasoning.

Art. 222 answer the court notifies the application to the defendant and a deadline to file a written response.
Art. 221 applies by analogy to the answer. The defendant exhibited what made alleged in the request are recognized or disputed.
The Court may decide to limit the response to questions or conclusions determined (art. 125).
The answer is notified to the applicant.

Art. 223 default response if the response is not filed within the time limit, the Court determines the defendant a short additional time.
If the answer is not filed at the end of the deadline, the Court makes the final decision if the cause is ready to be tried. Otherwise, the cause is quoted in the main discussions.

Art. 224 counterclaim the defendant may file a counterclaim in its response if the claim asserted he is subject to the same procedure as the main application.
When the value in dispute of the counterclaim exceeds the jurisdiction of the tribunal, the two applications are referred to the competent court.
If a counterclaim is made, the tribunal set a deadline to the applicant to file a written response. The counterclaim may be the subject of a counterclaim from the original applicant.

Art. 225. second round of correspondence ordered a second round of correspondence, when circumstances warrant.

Art. 226 instruction hearing the tribunal may order some instruction in any of the case hearing.
The instruction hearing are used to determine the subject of the dispute, to complete the State of affairs, to reach an agreement between the parties and prepare the main discussions informally.
The Court may give evidence.

Art. 227 change of demand demand can be changed if new or amended claim falls under the same procedure and any of the following conditions is met: a. new or amended claim is connected with the last claim; (b) the opposing party agrees to the amendment of the application.

When the value in dispute of the amended application exceeds the jurisdiction of the tribunal, it passes it to the competent court.
The application may be restricted in any of the cause; the Court remains competent.

Chapter 3 debates major art. 228. first argument the parties present their findings and motivate them once the main debates.
The Court gives them the opportunity to replicate and duplicate.

Art. 229 facts and evidence new facts and new evidence are admitted to the main discussions unless they are invoked without delay and that they meet one of the following conditions: a. they are subsequent exchange of writings or the last statement hearing or discovered later (novas themselves); b. they existed prior to the closing of the exchange of writings or the last statement hearing but could not be invoked previously well the part that is in prevail has demonstrated diligence (novas improperly so-called).

If there is not had a second Exchange of Scriptures nor instruction hearing, the facts and means of new evidence are admitted to the opening key debates.
When he must establish the facts of its own motion, the tribunal allows facts and new evidence to the proceedings.

Art. 230 amendment of the application demand cannot be changed in the main debates that if: a. the conditions set out in art. 227, al. 1, are fulfilled; b. modification is based on facts or new means of evidence.

Art. 227, al. 2 and 3, shall apply.

Art. 231 taking of evidence the Court administers the evidence after the first argument.

Art. 232 closing arguments at the end of the administration of the evidence, the parties may pronounce on the results of the administration of evidence and the cause. The applicant pleads first. The Court shall give the opportunity to the parties to plead a second time.
The parties may waive oral argument by consensus and require the filing of written pleadings. Court shall set a period for this purpose.

Art. 233 waiver to the main discussions the parties may, by mutual agreement, renounce the main discussions.

Art. 234 defect at the hearing of the main debates in the event of default of a party, the tribunal shall decide based on acts which, if any, made in accordance with the provisions of this Act. It is based in addition, subject to art. 153, on the acts of the appearing party and the file.
If the two parties, the procedure becomes moot and is dropped from the role. Court costs are distributed equally among the parties.

Chapter 4 minutes art. 235. the tribunal shall keep a record of all hearings. Include in particular: a. the place and the date of the hearing; b. composition of the tribunal; c. the presence parties and individuals who represent them at the hearing; d. the conclusions reached, applications and actions made by the parties at the hearing; e. orders of the tribunal; (f) the signature of the supervisor in the minutes.

The alleged parts that are not in their written pleadings are recorded in their substance. In addition, they can be recorded on magnetic, video tapes, or by any other appropriate technical means.
The tribunal adjudicates applications for correction of the minutes.

Chapter 5 Decision art. 236 final decision when the case is ready to be tried, the Court puts an end to the trial by a decision of inadmissibility or a decision on the merits.
The tribunal shall act by the majority.
He ordered enforcement measures at the request of the party who has been successful.

Art. 237 interim decision the Court may make a decision incident when the review body could take a decision to the contrary that would put an end to the trial and allow a saving of time or significant costs.
The interim ruling is subject to immediate appeal; It cannot later be challenged in the appeal against the final decision.

Art. 238 content decision contains: a. designation and composition of the tribunal; (b) the place and the date of its delivery; c. the designation of parties and individuals who represent them; d. the device e. the names of persons and authorities to which it is communicated; (f) an indication of the remedies available if the parties have not renounced resorting; g. as appropriate the recitals; h. the signature of the Court.

Art. 239 communication to the parties and motivation the tribunal may communicate the decision to the parties without written motivation: a. at the hearing, by the delivery of the device writes with a summary oral motivation; b. by notifying the device writes.

A written motivation is provided to the parties, if one of them requests within a period of ten days from the communication of the decision. If the motivation is not requested, the parts are considered relinquishing to the appeal or recourse.
The provisions of the Federal Act of 17 June 2005 on the federal court concerning the notification of the decisions which may be appealed before the federal court are reserved.

RS 173.110 art. 240 communication and publication of the decision when the law or that the enforcement of the decision so requires, the decision is also published or communicated to third parties and the authorities concerned.

Chapter 6 termination of the proceedings without decision art. 241 transaction, acquiescence and discontinuance of action any transaction, any acquiescence and any withdrawal action recorded in the minutes by the tribunal must be signed by the parties.

A transaction, compliance or a discontinuance of action has the effect of a decision entered into force.
The tribunal strike the case from the list.

Art. 242 procedure moot for other reasons if the proceedings are terminated for other reasons without a decision, it struck out of the role.

Title 4 Simplified Procedure art. 243 scope the simplified procedure applies for heritage Affairs, where the value in dispute does not exceed 30,000 francs.
It applies regardless of the value in dispute: a. disputes under the Act of 24 March 1995 on equality; b. the litigation involving violence, threats or harassment within the meaning of art. 28b CC; c. to disputes over leases to rent or farm dwellings and business premises and on leases to farm farm in what concerns the payment of the rent or the rent, protection rents or abusive rents, protection against holidays or the extension of the lease rent or farm; d. disputes concerning the right of access to data provided by the Federal law of June 19, 1992 on the protection of data; e. litigation under the Act of 17 December 1993 on participation; f. to disputes over additional insurance to social insurance within the meaning of the Federal Act of 18 March 1994 on health insurance.

The simplified procedure does not apply to disputes which are competent a cantonal instance unique to the senses of the art. 5 and 8 or the commercial court to the senses of the art. 6 RS 151.1 RS 210 SR 235.1 RS 822.14 RS 832.10 art. 244 simplified the application may be filed in the manner prescribed in art. 130 or Dictation on the record to the Court. It contains: a. the designation of the parties; b. conclusions; c. the description of the subject of the dispute; (d) if necessary, an indication of the value in dispute; (e) the date and the signature.

Motivation is not necessary.
Are attached to the application, as appropriate: a. the power of Attorney of the representative; (b) the authorisation to proceed or the declaration of renunciation of the conciliation procedure; c. titles available presented as evidence.

Art. 245 citation at the hearing and determinations of the opposing party if the request is not motivated, the Court shall notify it to the defendant and CITES parties to debates.
If the request is motivated, the court sets a deadline to the defendant to comment in writing.

Art. 246 training decisions the tribunal decides the measures to be taken so that the cause can be wound up as much as possible at the first hearing.
If the circumstances so require, the Court may order a round of correspondence and hold hearings of instruction.

Art. 247 fact-finding tribunal brings the parties, by appropriate, questions to supplement the insufficient allegations and designate evidence.
The Court establishes the facts of office: a. in the cases referred to in art. 243, al. 2; (b) where the value in dispute does not exceed CHF 30 000: 1. in other disputes over leases rent and farm houses and business premises and on leases to agricultural farm, 2. in other disputes over a work contract.

Title 5 Summary Chapter 1 scope of application article 248 principle summary proceedings applies: a. in cases provided for by the Act; b. clear cases;. c the making ban; d. interim measures; e. the graceful Court.

Art. 249 civil code the summary procedure applies in the following cases: a. right of persons: 1 setting the deadline for the ratification of the acts of the minor or the person under curatorship of general scope (art. 19A CC), 2. exercise of the right of reply (art. 28l CC), 3. Declaration of absence (art. 35 to 38 CC), 4. editing an entry in the registers of civil status (art. 42 CC);

b... .c. right of inheritance: 1 recording of an oral will (art. 507 CC), 2. deposit of collateral in the case of the estate of a person absent (art. 546 CC), 3. suspended sharing and precautionary measures to protect the rights of the heirs of an insolvent (art. 604, para. 2 and 3, CC).

d. rights real: 1 administrative acts required to maintain the value and usefulness of the thing co-owned (art. 647, para. 2, ch. 1, CC), 2. registration of real estate rights acquired by special prescription (art. 662 CC), 3. cancellation of the opposition of the co-owners to a floor decisions (art. 712c, para. 3 CC), 4. appointment and dismissal of the administrator of property by floors (art. 712q and 712r CC), 5. provisional registration of legal hypothecs (art. 712i, 779d, 779 k and 837 to 839 CC), 6. fixing the usufructuary of a deadline for the provision of the security and withdrawal of possession (art. 760 and 762 CC), 7. order of liquidation of the debt on the property subject to usufruct (art. 766 CC), 8. measures in favour of the pledgee (art. 808, para. 1 and 2, and 809 to 811 CC), 9. measures relating to the functions of the Attorney established the creation of the mortgage note (art. 850, para. 3, CC), 10. cancellation of the mortgage deed (art. 856 and 865 CC), 11. annotation of restrictions to the right to alienate and provisional registration in case of dispute (art. 960, al. 1, ch. 1, 961, al. 1, ch. 1, and 966, al. 2, CC).

New content according to section 3 of Schedule 2, in force since Jan. 1. 2013 (2010 1739 RO; FF 2006 6841; 2011 725 RO; FF 2006 6635).
SR 210 repealed by section 3 of Schedule 2, with effect from Jan 1. 2013 (2010 1739 RO; FF 2006 6841; 2011 725 RO; FF 2006 6635).
New content according to section II 3 of the Federal Act on Dec. 11. 2009 (register mortgage note and real rights), in force since Jan. 1. 2012 (2011 4637 RO; FF 2007 5015) new content according to section II 3 of the Federal Act on Dec. 11. 2009 (register mortgage note and real rights), in force since Jan. 1. 2012 (2011 4637 RO; FF 2007 5015) art. 250 code of obligations the summary procedure shall apply in the following cases: a. General part: 1. filing in Court of extinct Attorney (art. 36, al. 1, CO), 2. a suitable deadline for the provision of security (art. 83, para. 2, CO), 3. consignment and sale of the thing due in case of residence of the creditor (art. 92, para. 2, and 93, para. 2, CO), 4. authorization of enforcement by a third party (art. 98 CO), 5. setting a time limit in the event of breach of contract (art. 107, para. 1, CO), 6. record of the amount of a claim whose ownership is contested (art. 168, para. 1, CO);

b. special part: 1. appointment of the expert to calculate the participation or the provision of the worker (art. 322, para. 2, and 322c, para. 2, CO), 2. setting a deadline for the guarantee of the claims arising from the reports of work (art. 337 CO a), 3. setting a time limit in case of imperfect performance of a contract for services (art. 366, para. 2, CO), 4. designation of an expert to review of the work (art. 367 CO), 5. setting a deadline for the publication of a new edition of a literary or artistic work (art. 383, para. 3, CO), 6. return of the object of a receiver (art. 480 CO), 7. coverage by pledge of a claim guaranteed by solidarity suretyship (art. 496, para. 2, CO), 8. suspension of the prosecution against the bail for security (art. 501, para. 2, CO), 9. provision of security by the debtor and release of bail (art. 506 CO);

c. right of companies: 1 interim withdrawal of the power to represent the company (art. 565, para. 2, 603 and 767, para. 1, CO), 2. appointment of a common representative (art. 690, para. 1, 764, para. 2, 792, ch. 1, and 847, para. 4, CO), 3. designation, revocation and replacement of liquidators (art. 583, para. 2, 619, 740, 741, 770, 826, para. 2, and 913 CO), 4. sale block and method adopted for the alienation of buildings (art. 585, para. 3, and 619 CO), 5. appointment of an expert for the purposes of control the accuracy of the account of profit and loss and balance sheet of the partnership (art. 600, para. 3, CO), 6. setting a time limit when the number of members is insufficient or that required bodies are lacking (art. 731b, 819 and 908 CO), 7. duty to provide information to shareholders and creditors of a corporation, the partners of the limited liability company and the members of the cooperative society (art. 697, para. 4, 697 h, al. 2, 802, para. 4, and 857, para. 3, CO), 8. special control of anonymous society (art. 697a-697g CO), 9. convocation of the general meeting of the Corporation or of the cooperative society and registration from one object to the order of the day and of the general meeting of the limited liability company (art. 699, para. 4, 805, al. 5, ch. 2, and 881, para. 3, CO), 10. appointment of a representative of the company in an action for annulment of a decision of the General Assembly instituted by his administration (art. 706 a, para. 2, 808 and 891, para. 1, CO), 11. designation and revocation of the Auditors (art. 731b CO), 12. record of the amount of debts in case of liquidation (art. 744, 770, 826, para. 2, and 913 CO), 13. revocation of Directors and inspectors of the cooperative society (art. 890, para. 2, CO);

d. Securities:

1. cancellation of securities (art. 981 CO), 2. prohibition to pay a bill of Exchange and deposit of the amount of the Bill of Exchange (article 1072 CO), 3. extinction of the powers conferred by the meeting of creditors to the representative of the community of bonds (art. 1162, para. 4, CO), 4. convocation of the general meeting of creditors at the request of creditors (art. 1165, paras. 3 and 4, CO).

RS 220 changed by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10).

Art. 251 federal law of April 11, 1889, on debt collection and bankruptcy the summary procedure applies in the following cases: a. decisions on release of opposition, bankruptcy, receivership and concordat; b. admission of the late opposition (art. 77, para. 3, LP) and opposition in the procedure for exchange effects (art. 181 LP); c. cancellation or suspension prosecution (art. 85 LP); d. decision on return to better fortune) art. 265, art. 1 to 3, LP); e. separation of property (art. 68 b LP) pronounced.

RS 281.1 Chapter 2 Procedure and decision art. 252 query procedure is introduced by a query.
The request must be filed in the manner prescribed in art. 130; in simple or urgent cases, it can be dictated to the minutes in court.

Art. 253 response when the application is not manifestly inadmissible or unfounded, the Court gives the opportunity to settle orally or in writing to the other party.

Art. 254 evidence means evidence is reported by titles.
Other means of evidence are admissible in the following cases: a. their administration does not delay significantly the proceedings; (b) the purpose of the procedure requires it; c. the tribunal establishes the facts of its own motion.

Art. 255 officio investigation the tribunal establishes the facts of office: a. bankruptcy and concordat; (b) in proceedings under the graceful jurisdiction.

Art. 256 decision the Court may waive the debates and rule on parts, unless otherwise provided by law.
A decision made in proceedings under the graceful jurisdiction which later turns out be incorrect can be, either ex officio or on request, cancelled or modified, unless the law or the security of the law don't oppose.

Chapter 3 cases clear art. 257. the tribunal accepts the application of summary proceedings when the following conditions are met: a. the State is not contentious or is likely to be immediately proven; b. the legal situation is clear.

This procedure is excluded when the matter is referred to the maxim of office.
The tribunal is not material on the query when this procedure cannot be applied.

Chapter 4 general ban article updated 258 principle the holder of a real right on a building may require the tribunal that ban all possession and that, in the event of recidivism, the author either, on denunciation, punished a fine of 2000 francs at most. The ban can be temporary or indefinite.
The applicant must provide evidence by titles of his real right and make it likely the existence or imminence of a disorder.

Art. 259 view the ban is published and placed very visibly on the building.

Art. 260 opposition ban may be challenged by filing an opposition to the Court within 30 days from the day when the notice is published and placed on the building. The opposition should not be motivated.
The opposition makes it to ban lapses to the person who objected. To validate to ban, the applicant must bring an action before the Court.

Chapter 5 provisional measures and preventive memory Section 1 measures interim art. 261 principle the court orders the necessary interim measures when the applicant makes it likely that a claim which he is the holder meets the following conditions: a. it is the object of a breach or risk of being; b. the infringement risk causing damage difficult to repair.

The Court may waive order interim measures when the opposing party provides appropriate securities.

Art. 262 purpose the Court may order any provisional measure to prevent or put an end to the injury, including the following measures: a. ban; b. order of cessation of a wrongful State; c. order given to an authority that maintains a register or a third party; (d) provision of a benefit in kind; (e) payment of a cash benefit, when the law requires.

Art. 263 measures before lis pendens if action at the bottom is not yet pending, the court sets a deadline for the filing of the application, under penalty of lapse of the measures ordered.

Art. 264 security and damages the Court may require the applicant to provide security if the interim measures are likely to cause injury to the opposing party.
The applicant is responsible for the damage caused by unjustified interim measures. If he proves that he asked in good faith, the Court may reduce the damages or point to allocate.
Securities are released as soon as it is established that no action for damages will be filed; in case of uncertainty, the court sets a deadline for the introduction of this action.

Art. 265 superprovisionnelles emergency measures special, especially if there is risk of interference to their execution, the Court can order interim measures immediately, without hearing the adverse party.
The Court shall summon the parties to a hearing, which must take place without delay or sets a deadline for to comment in writing to the other party at the same time. After hearing the opposing party, the Court shall decide on the request without delay.
Before ordering interim measures, the Court may order Office the applicant to provide security.

Art. 266 measures against the media the Court may order provisional measures against a media to recurring character only on the following conditions: a. the attack is imminent and to cause particularly serious harm; (b) the infringement is clearly not justified; c. the measure is not disproportionate.

Art. 267 the Court which ordered provisional measures takes also the enforcement provisions that are necessary.

Art. 268 modification and revocation the interim measures may be modified or revoked, if it subsequently turns out that they are unjustified or that the circumstances have changed.
The entry into force of the decision on the substance causes the lapse of provisional measures. The Court may order their continued, if it serves as the enforcement of the decision or by law.

Art. 269 reserved provisions are reserved provisions: a. LP concerning interim measures of protection during execution of pecuniary claims; b. cc estates security measures; (c) of the Federal Act of 25 June 1954 on patents in case of action grant of license.

RS 281.1 RS 210 RS 232.14 Section 2 memory preventive art. 270. anyone who has reason to believe that a superprovisionnelle measure, a receiver within the meaning of art. 271 at 281 of the LP or any other measure will be required against him without prior hearing can pronounce in advance by depositing a preventive memory.
The preventive memory is communicated to the other party only if it introduces a procedure.
The memory is null and void six months after it is filed.

RS 281.1 new content according to art. 3 No 1 of FY 11 Dec. 2009 (approval and implementation of the Lugano conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Title 6 Special Procedures in matrimonial law Chapter 1 Procedure summary article 271 scope subject to the art. 272 and 273, the summary procedure applies to the conjugal union protective measures, including: a. the measures provided for in art. 172 to 179 CC; (b) the extension of the right to a husband to represent the conjugal union (art. 166, al. 2, ch. 1, CC); c. the granting to a spouse of the right to dispose of the family home (art. 169, al. 2, CC); d. to the injunction addressed to one of spouses to inform each other on their income, assets and debts (art. 170 al. 2, CC); e. the pronouncement of separation of property and the restoration of the previous regime (art. 185, 187, para. 2, 189 and 191 CC); f. the obligation of spouses to collaborate in the establishment of an inventory (art. 195 a CC); g. the setting of time limits for payment and the provision of security between the spouses out of trials involving the matrimonial regime (art. 203 al. 2, 218, 235, al. 2 and 250, al. 2, CC); h. to the consent of a spouse to the repudiation or acceptance of a succession (art. 230, al. 2, CC); i. notice to debtors and the provision of security for the maintenance payments after divorce, out-of-trial (art. 132 CC).

SR 210 art. 272 officio investigation the tribunal establishes the facts of its own motion.

Art. 273 proceedings the Court shall hold a hearing. It cannot be renounced unless as a result of the allegations of the parties that the State is clear and undisputed.
The parties appear in person, unless the tribunal no excuses because of their State of health, age or any other just cause.
The tribunal attempts to find an agreement between the parties.

Chapter 2 divorce proceedings Section 1 General provisions


Art. 274 introduction the divorce procedure is introduced by filing a joint application or a unilateral request to the divorce.

Art. 275 suspension of life common each spouse has the right, from the beginning of lis pendens, to put an end to the common life for the duration of the trial.

Art. 276 provisional measures the court orders the necessary interim measures. The provisions governing the protection of conjugal union are applicable by analogy.
The measures ordered by the tribunal of the protective measures of the conjugal union are maintained. The divorce court is competent to pronounce their modification or revocation.
The Court may order interim after the dissolution of the marriage measures, as long as the effects of the divorce process is not closed.

Art. 277 fact-finding discussions maxim applies to the procedure concerning the matrimonial regime and the maintenance payments after divorce.
If necessary, the tribunal requires parts the production of missing documents to adjudicate the property consequences of divorce.
In the rest of the procedure, the tribunal establishes the facts of its own motion.

Art. 278 personal appearance the parties appear in person at the hearings, unless the tribunal no excuses because of their State of health, age or any other just cause.

Art. 279 ratification of the convention the Court ratified the convention on the effects of divorce after ensuring that spouses him have concluded after careful consideration and voluntarily, it is clear and complete and that it is manifestly unfair; the pension provisions are reserved.
The agreement is valid only once ratified by the Court. It should appear in the operative part of the decision.

Art. 280 exit benefits-sharing agreement the Court ratified the convention of benefits Division of output provided by the pension under the following conditions: a. the spouses have agreed on sharing and the modalities of its execution; b. the concerned professional pension institutions confirm the amount of output to share benefits and attest that the deal is doable; c. the tribunal is convinced that the convention is in accordance with the law.

The tribunal provide professional pension institutions the decision entered into force provisions that affect them, including the information necessary for the transfer of the provision. The decision is binding on the pension funds.
If the convention makes clear that one of the spouses give up in whole or in part, to his right, the Court will check Office that he has foresight pension and disability equivalent.

Art. 281 disagreement on the Division of output in the absence of agreement and if the amount of the benefits of output is fixed, the Court shall decide on the share in accordance with the provisions of the CC (arts. 122 and 123 CC, in relation to article 22 and 22 has the Bill of the Dec. 17, 1993 on free passage), establishes the amount to be transferred and ask the professional pension institutions concerned a deadline for that purpose, a certificate of the workability of the proposed regime.
Art. 280, al. 2 shall apply by analogy.
In other cases, the Court, at the entry into force of the decision on sharing, Office refers the case to the competent court under the Act of 17 December 1993 on free passage and shall communicate in particular: a. the decision on the share; (b) the date of marriage and of divorce; c. the name of professional pension institutions with which the spouses have likely assets; (d) the amount of the assets of the spouses reported by These institutions.

SR 210 RS 831.42 art. 282 maintenance payments agreement or decision which set of maintenance payments must indicate: a. elements of the income and assets of each spouse are taken into account in the calculation; b. the amounts allocated to the spouse and each child; (c) the amount necessary to maintain proper to the Annuitant in the case where a subsequent pension increase has been reserved; d. If and how the pension must be adapted to the variations of the the cost of living.

When worn on the maintenance contribution allocated to the spouse, the appellate court may also review the maintenance payments allocated to children, even if they are not the object of the appeal.

Art. 283 unique decision in its decision on the divorce, the Court rules on the effects of it.
For good cause, the spouses may be returned to have decided the liquidation of their matrimonial regime in a separate procedure.

Art. 284 modification of the effects of the divorce having the force of res judicata the amendment of the decision is governed by arts. 129 and 134 CC conditions and jurisdiction for the matter.
Changes which are not contested can be the subject of an agreement in writing of the parties; the provisions of the civil code concerning the fate of the children are reserved (art. 134, para. 3, CC).
Divorce on unilateral application is applicable by analogy to the litigation process of change.

SR 210 Section 2 Divorce on request art commune. 285 query in case of agreement full the common of spouses request contains: a. the names and addresses of the spouses and, if applicable, the designation of their representative; b. common divorce demand c. the full impact of the divorce convention; d. the common conclusions on children; e. the parts needed; f. date and signatures.

Art. 286 query in case of partial agreement the spouses are asking the Court in their application to address the effects of divorce on which there is disagreement.
Each spouse can make conclusions based on the effects of divorce who made the object of an agreement.
Moreover, art. 285 shall apply by analogy.

Art. 287Audition of the parties if the query is complete, the Court shall summon the parties to a hearing. It is governed by the CC.

New content according to section II of the Federal Act on Sept. 25. 2009 (reflection period in the procedure of divorce on joint request), in force since Jan. 1. 2011 (2010 281 1861 RO; FF 2008 1767 1783).
SR 210 art. 288 further proceedings and decision whether the divorce on common query conditions are met, the court pronounces the divorce and ratification of the convention.
If the effects of divorce are challenged, the rest of the procedure is contradictory. The roles of plaintiff and defendant in the procedure can be attributed to the parties by the tribunal.
If divorce on common query conditions are not met, the tribunal rejects the common request of divorce and sets a deadline for introducing a divorce action to each spouse. The lis pendens and, where appropriate, provisional measures are maintained during this period.

New content according to section II of the Federal Act on Sept. 25. 2009 (reflection period in the procedure of divorce on joint request), in force since Jan. 1. 2011 (2010 281 1861 RO; FF 2008 1767 1783).
New content according to section II of the Federal Act on Sept. 25. 2009 (reflection period in the procedure of divorce on joint request), in force since Jan. 1. 2011 (2010 281 1861 RO; FF 2008 1767 1783).

Art. 289 call the divorce decision may be subject to a call for lack of consent.

Section 3 Divorce on unilateral claim art. 290 filing a unilateral petition for divorce may be filed without written motivation. It contains: a. the names and addresses of the spouses and, if necessary, designation of their representative; b. the conclusion to request dissolution of the marriage and the statement of the grounds for divorce (art. 114 or 115 CC); c. the conclusions on the economic consequences of divorce; d. conclusions on children; e. the pieces necessary; e. the date and signatures.

SR 210 art. 291 conciliation hearing the tribunal CITES parties to the discussions and checks for the existence of the grounds for divorce.
If the grounds for divorce is proven, the Court tries to find an agreement between the spouses on the effects of divorce.
If the grounds for divorce was not found or no agreement is reached, the court sets a deadline to the applicant to file a written motivation. If the deadline is not met, the application is declared moot and removed from the list.

Art. 292 transformation for divorce based on query shared the rest of the procedure is governed by the provisions relating to divorce on joint request provided that the spouses: a. have lived separated less than two years at the beginning of lis pendens; b. have agreed to divorce.

If the grounds for divorce alleged is true, the procedure does not proceed according to the provisions on divorce on joint request.

Art. 293 amendment of the application the applicant may enter into the separation of body in place and a divorce as long as proceedings have not begun.

Section 4 Actions in separation and annulment art. 294. the procedure of divorce on unilateral request is applicable by analogy to the actions in separation and marriage annulment.
An action for separation can be converted into divorce proceedings until the proceedings have not begun.


Title 7 Procedure for children in cases of family chapter 1 provisions law general art. 295 the simplified procedure applies to independent procedures.

Art. 296 inquisitorial Maxim and Maxim office the tribunal establishes the facts of its own motion.
The parties and third parties must lend itself to the examinations necessary for the establishment of filiation and collaborate, insofar as their health is not endangered. The provisions on the right of the parties and third parties to not work shall not apply.
The tribunal is not bound by the conclusions of the parties.

Chapter 2 Procedures of matrimonial law art. 297 parents hearing and mediation the tribunal hears parents personally to resolve the fate of the children.
It can urge parents to try mediation.

Art. 298 children's hearing children are heard personally and appropriately by the tribunal or a third party appointed for this purpose, as far as their age or other fair grounds are not opposed.
At the hearing, only the information necessary for the decision are entered in the minutes. They are communicated to the parents and to the trustee.
The child capable of discernment may appeal an appeal against the refusal to be heard.

Art. 299 representation of the child the court orders if necessary the representation of the child and designates an administrator experienced in the field of assistance and legal.
The tribunal considers whether it should provide a curatorship, in particular in the following cases: a. parents deposit different conclusions relating to the award of parental or of the guard or important questions about their personal relationship with the child; (b) the authority for the protection of the child or the mother or father required; (c) the Court, on the basis of the hearing of the parents or of the child, or for other reasons : 1 serious doubt of the merits of the common conclusions of the parents concerning the attribution of parental authority or custody or the way their personal relations with the child are resolved, 2 plans to order a measure of protection of the child.

At the request of the child capable of discernment, the court appoints a representative. The child may lodge an appeal against the rejection of his application.

New content according to point 2 of the annex to the Federal Act of 21 June 2013 (parental authority), in effect since July 1. 2014 (2014 357 RO; FF 2011 8315).
New content according to section 3 of Schedule 2, in force since Jan. 1. 2013 (2010 1739 RO; FF 2006 6841; 2011 725 RO; FF 2006 6635).
New content according to point 2 of the annex to the Federal Act of 21 June 2013 (parental authority), in effect since July 1. 2014 (2014 357 RO; FF 2011 8315).

Art. 300 competence of the representative of the child representative can file conclusions and file an appeal when it comes: a. decisions relating to the attribution of parental authority or custody; b. important issues concerning personal relationships; c. child protection measures.

New content according to point 2 of the annex to the Federal Act of 21 June 2013 (parental authority), in effect since July 1. 2014 (2014 357 RO; FF 2011 8315).

Art. 301. communication of decision the decision is communicated: a. to the father and mother; (b) the child, if he is fourteen years old at least; c. the case may be, to the trustee if the decision concerns the attribution of parental authority or custody, important questions about personal relationships or child protection measures.

New content according to point 2 of the annex to the Federal Act of 21 June 2013 (parental authority), in effect since July 1. 2014 (2014 357 RO; FF 2011 8315).

Chapter 3 Procedure article summary 302 scope summary procedure applies in particular: a. the decisions taken under the convention of the Hague of 25 October 1980 on the civil aspects of international abduction of children and the European convention of 20 May 1980 on recognition and enforcement of decisions on custody of the children and the restoration of custody of children; b. the payment to the child of an extraordinary contribution to cover extraordinary and unforeseen needs (art. 286, al. 3, CC); c. notice to debtors and to the provision of security for the maintenance of the child, off trial relating to the obligation of food of the father and the mother (art. 291 and 292 CC).

The provisions of the Federal Act of 21 December 2007 on international child abduction and the Hague Convention on protection of children and adults are reserved.

RS RS RS 210 SR 211.222.32 0.211.230.01 0.211.230.02 Chapter 4 application of foods and Art. paternity action 303 interim measures if filiation is established, the defendant may be required to record or to advance the fair maintenance payments.
When the demand for food is introduced with the paternity action, the defendant must, at the request of the applicant: a. record costs of delivery and fair contributions to the maintenance of the mother and the child, when fatherhood is likely; b. contribute equitably to the maintenance of the child, when paternity is presumed and that this presumption is not overturned by the evidence immediately available.

Art. 304 jurisdiction the court competent to rule on the paternity action to pronounce on reporting, interim payment of the maintenance payments, the payment of the amounts recorded and the refund interim payments.

Title 8 Procedure for registered partnership Chapter 1 Procedure summary article 305 summary scope applies: a. to the determination of monetary contributions for the maintenance of the community and the injunction to the debtor (art. 13, para. 2 and 3, of the Act of 18 June 2004 on the partnership, LPart); b. the granting to one of the partners of the power to dispose of the common housing (art. 14, al. 2, LPart); c. to the extension or the withdrawal of the power of one of the partners to represent the Community (art. 15 al. 2, let. a, and 4, LPart); d. to the injunction addressed to one of the partners to provide to the other information about his income, assets and debts (art. 16, para. 2, LPart); e. setting, changing, or removing the monetary contribution and to the regulation of the use of the housing and household furniture (art. 17, al. 2 and 4) (, LPart); f. obligation of the partners to collaborate in the establishment of an inventory (art. 20, al. 1, LPart); g. to the restriction of the power of one of the partners to dispose of some assets (art. 22, al. 1, LPart); h. grant deadlines for repayment of debts between the partners (art. 23, al. 1, LPart).

SR 211.231 art. 306 procedure art. 272 and 273 shall apply by analogy to the procedure.

Chapter 2: Dissolution and cancellation of registered partnership art. 307. the provisions on divorce procedure apply by analogy to the dissolution and cancellation of registered partnership.

Title 9 ways to use Chapter 1 call Section 1 Decisions may be attacked and grounds art. 308 attackable decisions the appeal is admissible against: a. final decisions and interim decisions of first instance; b. the decisions of first instance on the interim measures.

In heritage Affairs, the appeal is admissible if the value in dispute in the latest state of the conclusions is of at least 10,000 francs.

Art. 309 exceptions the appeal is not admissible: a. against decisions of the Court of execution; b. the following cases under the LP: 1. the revocation of the suspension (art. 57(d) LP), 2. the admissibility of late opposition (art. 77 LP), 3. release (art. 80-84 LP), 4. cancellation or suspension of the prosecution (art. 85 LP), 5. the admissibility of the opposition in the pursuit for Bill of Exchange (art. 185 LP), 6. the receiver (art. 272 and 278 LP), 7. the decisions for which the Concordat or bankruptcy court is competent according to the LP.

New content according to art. 3 No 1 of FY 11 Dec. 2009 (approval and implementation of the Lugano conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
RS 281.1 new content according to art. 3 No 1 of FY 11 Dec. 2009 (approval and implementation of the Lugano conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
Introduced by art. 3 No 1 of FY 11 Dec. 2009 (approval and implementation of the Lugano conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 310 reasons the appeal may be lodged for: a. breach of law; (b) inaccurate findings of fact.

Section 2 call answer and call attached art. 311 introduction to call call, written and motivated, shall be lodged with the Court of appeal within 30 days from the notification of the reasoned decision or after notification of motivation (art. 239).
The decision which is the subject of the appeal is appended to the file.

Rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10).

Art. 312 response instance appeal shall notify the call opposing that it determines in writing, unless the appeal is manifestly inadmissible or unfounded.
The response must be filed within a period of 30 days.

Art. 313 appeal the opposing party can lodge an appeal in the answer.
Appeal becomes null and void in the following cases:

a. the body of appeal declare the appeal inadmissible; (b) the appeal is rejected as manifestly unfounded because; c. the main appeal is withdrawn before the start of deliberations.

Art. 314 summary proceedings if the decision has been made in summary proceedings, the deadline for the introduction of the appeal and the filing of the answer is ten days.
The appeal is inadmissible.

Section 3 effects of the call and procedure art. 315 suspensive effect the appeal suspends the force of res judicata and the enforceability of the decision insofar the conclusions taken on appeal.
The appellate body may authorize the early execution. She directs the need for interim measures of protection or the provision of security.
The suspensive effect cannot be removed in cases where the appeal relates to a decision trainer.
The appeal has no suspensive effect when decisions on purpose: a. the right of reply; b. interim measures.

Execution of provisional measures may exceptionally be suspended if the party could hardly repairable damage.

Art. 316 proceedings before the Court of appeal the Court of appeal may direct discussions or rule on parts.
It may order a second round of correspondence.
She can administer the evidence.

Art. 317 facts and new evidence. Amendment of the application the facts and new evidence are taken into account only under the following conditions: a. they are invoked or produced without delay; (b) they could not be invoked or produced before the trial even though the party who relies has made evidence of due diligence.

The application may be amended only if: a. the conditions set out in art. 227, al. 1, are fulfilled; b. modification is based on facts or new means of evidence.

Art. 318 decision on appeal the appellate body may: a. confirm the decision; b. rule again; c. the case referred back to the first instance in the following cases: 1. an essential element of the request was not considered, 2. the State must in fact be completed on essential points.

The appellate body shall communicate its decision to the parties with a written motivation.
If the Court of Appeal judgment, ruling on the costs of the trial.

Chapter 2 appeals art. 319 appealed the appeal is admissible against: a. final, incidental and provisional trial decisions which cannot be the object of a call; b. other decisions and orders of first instance instruction: 1. in the cases provided by law, 2 when they can hardly reparable injury;

c. the undue delay of the Court.

Art. 320 reasons the application is admissible for: a. breach of law; b. clearly inaccurate findings of fact.

Art. 321 introduction of the appeal the appeal, written and motivated, shall be lodged with the Court of appeal within 30 days from the notification of the reasoned decision or after notification of motivation (art. 239).
The deadline is 10 days for decisions taken in summary proceedings and training orders, unless otherwise provided by law.
The decision or the contested order must be attached to the folder, for as much as she either in hands of the using.
The remedy for undue delay may be brought at any time.

Art. 322 response instance appeal shall notify the use opposing so that it determines in writing, unless the appeal is manifestly inadmissible or unfounded.
The response must be filed within the same time as the appeal.

Art. 323 joint action the joint appeal is inadmissible.

Art. 324 reviews of the previous instance Appeals Board may invite the previous instance to give its opinion.

Art. 325 suspensive effect the appeal does not suspend the force of res judicata and enforceability of the contested decision.
The Court of appeal may suspend the enforceability. She directs the need for interim measures of protection or the provision of security.

Art. 326 conclusions, allegations of facts and new findings, the allegations of fact evidence and new evidence are inadmissible.
The special provisions of the Act are reserved.

Art. 327 procedure and decision Appeals Board application file to the previous instance.
She may dispose of parts.
If she admits the appeal, she: a. cancel the decision or the order of statement and referred the case to the previous instance; b. makes a new decision, if the cause is ready to be tried.

If the review body finds an unjustified delay, it may set a time limit to the previous instance to treat the cause.
The review body shall communicate its decision to the parties with a written motivation.

Art. 327aConstatation of the enforceable according to the Lugano Convention when the appeal is directed against a decision of the Court of execution to the senses of the art. 38 to 52 of the agreement of 30 October 2007 on judicial competence, recognition and enforcement of decisions in civil and commercial matters (Convention of Lugano), Appeals Board reviews the grounds for refusal provided for by the Lugano Convention with a full power of cognition.
The appeal has a suspensive effect. Interim measures, in particular the receiver referred to in art. 271, al. 1, ch. 6, LP, are reserved.
In the case of appeal against the declaration of enforceability, the delay is governed by art. 43, per. 5, of the Lugano Convention.

Introduced by art. 3 No 1 of FY 11 Dec. 2009 (approval and implementation of the Lugano conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).
RS 0.275.12 RS 281.1 Chapter 3 review art. 328 grounds for review a party may request review of the decision entered into force to the Court which ruled in last instance: a. when she discovered after the fact of facts or conclusive evidence that it could invoke in the previous proceedings, to the exclusion of the facts and evidence after the decision; b. when criminal proceedings establishes that the decision has been influenced to the prejudice of the applicant by a crime or an offence even if no conviction occurred; If the criminal action is not possible, evidence may be given in a different way; c. when she argued that the discontinuance of action, acquiescence or the legal transaction is not valid.

The revision to the Convention of 4 November 1950 for the protection of the rights of man and fundamental freedoms (ECHR) may be requested from the following conditions: a. the European Court of human rights found in a final judgment, a violation of the ECHR or its protocols; b. compensation isn't likely to remedy the effects of the breach; c. review is necessary to address the effects of the violation.

RS 0.101 art. 329 times and form the time asking for the review is 90 days from one in which the ground of review is found; the application is written and motivated.
The right to request a review expire 10 years from the entry into force of the decision, with the exception of the cases provided for in art. 328, al. 1, let. b. art. 330 reviews of the opposing court notifies the request for review to the opposing party so she is determined, unless the application is manifestly inadmissible or unfounded.

Art. 331 suspensive effect the request for review does not suspend the force of res judicata and the enforceability of the decision.
The Court may suspend the enforceability of the decision. He ordered the need for interim measures of protection or the provision of security.

Art. 332 decision on the request for review the decision on the request for review may be appealed.

Art. 333 new decision on the merits if the Court accepts the request for review, he overturned the earlier decision and judgment.
He statue also in the new decision on the costs of the previous procedure.
It shall communicate its decision to the parties with a written motivation.

Chapter 4 Interpretation and rectification art. 334. If the operative part of the decision is clear, contradictory, or incomplete, or it does not match the motivation, the tribunal is, at the request of office, interpretation or correction of the decision. The query shows the disputed passages or requested changes.
The art. 330 and 331 are applicable by analogy. Writing or calculation errors, the Court may waive ask the parties to settle.
The decision to interpretation or correction may be appealed.
The decision interpreted or corrected is communicated to the parties.

Title 10 Chapter 1 Art. enforcement enforcement 335 scope decisions are carried out according to the provisions of this chapter.
Decisions on the payment or provision of security are carried out according to the provisions of the LP.
Recognition, the declaration of enforceability and execution of foreign decisions are governed by this chapter, unless otherwise provided by an international treaty or pida.

RS 281.1 RS 291 art. 336 enforceable a decision is enforceable:

a. when it entered into force and that the tribunal has not suspended the execution (art. 325, para. 2, and 331, para. 2); b. When is not yet entered into force, but his early performance has been pronounced.

The Court that made the decision to run evidenced on request the enforceability.

Art. 337 direct execution if the Court that rendered the decision ordered the necessary execution measures (art. 236, para. 3), the decision may be executed directly.
The unsuccessful party may request the suspension of the execution the Court of execution; art. 341 shall apply by analogy.

Art. 338 query performance if the decision cannot be executed directly, a request for enforcement is presented to the Court of execution.
The applicant must establish the conditions of execution and provide the necessary documents.

Art. 339 competence and procedure, one of the following courts is absolutely competent to order measures of execution or suspend execution: a. the domicile or headquarters of the party tribunal unsuccessful; (b) the Court of the place where the measures must be carried out; (c) the Court of the place where the decision to run.

The tribunal makes its decision in summary proceedings.

Art. Interim 340Mesures the enforcement court may order interim measures, if necessary without hearing the opposing party beforehand.

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

Art. 341 review of enforceability and determinations of the unsuccessful party the enforcement court examines the enforceability of office.
It sets the unsuccessful party a short time to decide.
On the merits, the unsuccessful party may only claim that facts opposing the execution of the decision occurred after notification thereof, for example the extinction, the suspension, the prescription or the expiry of the due delivery. Extinction and the stay must be proved by titles.

Art. 342 provision conditional or subordinate to consideration decisions providing for a conditional or subordinate to consideration may be executed only when the enforcement court finds that the condition is met or that the consideration has been regularly offered, performed or guaranteed.

Art. 343 obligation to refrain or to tolerate when the decision prescribes an obligation to do, to refrain or tolerate, the enforcement court may: a. match the decision of threat of punishment under art. CP 292; b. provide for a fine of 5000 francs at most; c. provide a fine of 1,000 francs at most for each day of default; d. prescribing a measure of constraint such as the abduction of a movable thing or the expulsion of a building; e. order the execution of the decision by a third party.

The unsuccessful party and third parties are required to provide all information and to tolerate the necessary searches.
The person responsible for execution may request the assistance of the competent authority.

RS 311.0 art. 344 declaration of intent when the conviction is a declaration of intention, the decision serves as statement as soon as it becomes enforceable.
When the statement relates to registration in a public register, such as the land registry or the registry of commerce, the Court that made the decision gives the necessary instructions to the person maintaining the register.

Art. 345 compensation and benefit in money the party which has been successful may: a. damages, if the unsuccessful party does not carry out measures required by the tribunal; (b) the conversion of the benefit due a delivery in cash.

The enforcement court determines the amount of the benefit in cash.

Art. 346 third-party claims third parties may lodge an appeal against executive decisions that infringe on their rights.

Chapter 2: enforcement of authentic securities art. 347 enforceability authentic titles related to all types of benefits can be run as decisions under the following conditions: a. the party that undertakes expressly stated in the title that it recognized the direct execution of the service; b. the legal cause of the delivery is mentioned in the title; c. due delivery is: 1. sufficiently specific in the title 2. recognized in the title by the party who undertakes, 3. payable.

Art. 348 exceptions are not directly enforceable titles related to benefits: a. under the Act of 24 March 1995 on equality; b. arising from contracts to rent or lease of business premises and homes and lease to farm farm; c. under the Act of 17 December 1993 on participation; d. arising from an employment contract or under the law of 6 October 1989 on the employment service and the rental services; e. arising from contracts concluded with consumers (art. 32).

RS 151.1 RS 822.14 RS 823.11 art. 349 with title on a delivery the enforceable title on delivery cash cash's title of final release to the senses of the art. 80 and 81 LP.

RS 281.1 art. 350 title on another benefit if execution relates to one benefit other than a benefit in money, the public officer, at the request of the person entitled, shall notify the person who is is required a copy of the certified title in line and fixed him 20 days to perform the delivery. A copy of the notification is addressed to the person entitled.
If the delivery is not executed within the time limit, the person entitled may submit a request for enforcement to the enforcement court.

Art. 351 procedure the Court of execution the unsuccessful party may oppose its obligation that objections could prove immediately.
If the obligation is a declaration of intention, the decision of the Court of execution in lieu. Will take the steps required under art. 344, al. 2 art. 352 court decision a judicial decision on the due provision is reserved in all cases. The party who is obliged to especially can act at any time to see the inexistence, extinction or suspension of the provision.

Part 3 arbitral title 1 provisions general art. 353 scope the provisions of this part apply to proceedings before arbitral tribunals with headquarters in Switzerland, unless the provisions of Chapter 12 of the pida are applicable.
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 pida are applicable. The report is submitted to the form provided for in art. 358 RS 291 art. 354 the arbitration arbitration agreement object can be used to any claim which is freely available to the parties.

Art. 355 seat of the arbitral tribunal the seat of the arbitral tribunal is fixed by the parties or by the body they have designated. Otherwise, the seat is fixed by the arbitral tribunal.
If the parties, the arbitral tribunal or the body they have designated fail to fix the seat, it is the Forum of the judicial authority which, without arbitration, would be competent to rule on the dispute.
When several judicial authorities are competent, the seat of the arbitral tribunal is the Forum of the first authority seized under art. 356. unless otherwise agreed by the parties, the arbitral tribunal may conduct hearing, administer evidence and deliberate in any other place.

Art. 356 competent judicial authorities the canton where the tribunal has its seat designates a competent higher court for: a. decide on appeals and applications for review; b. receive sentencing on deposit and attest its enforceability.

The canton of the seat of the arbitral tribunal refers to a different court or compound differently, who, in single instance: a. appoints, recuse, dismissed or substitute arbitrators; b. extended the mission of the arbitral tribunal; c. assist the arbitral tribunal in the performance of any act of procedure.

Title 2 arbitration art. 357 arbitration the arbitration agreement may cover existing litigation or future resulting from a particular legal relationship.
The validity of the convention cannot be challenged on the basis that the main contract would be invalid.

Art. 358 form the arbitration agreement is passed in writing or by any other means to prove something.

Art. 359 challenges to the jurisdiction of the arbitral tribunal if the validity of the arbitration agreement, its contents, its scope or the regular constitution of the tribunal are contested before the Court of arbitration, may decide by an interim decision or in the decision on the merits.
The exception of incompetence of the arbitral tribunal must be raised prior to any defence on the merits.

Title 3 Constitution of the arbitral tribunal art. 360 number of the arbitrators, the parties may freely agree on the number of arbitrators. If no agreement, there are three referees.

When the parties have agreed to an even number of arbitrators, it is assumed that an additional arbitrator shall be appointed as president.

Art. 361 appointment of arbitrators by the parties, the arbitrators shall be appointed in accordance with the agreement between the parties.
If no agreement, each Party shall appoint an equal number of arbitrators; unanimously, they choose someone else as president.
When an arbitrator is appointed by its function, the holder of the service which has accepted the mandate of referees is appointed.
In disputes over the leases to rent or farm dwellings, only the authority of conciliation may be designated as arbitral tribunal.

Art. 362 appointment by the judicial authority where the arbitration agreement provides no other body of appointment or if it does not name members within a reasonable time, the competent judicial authority under art. 356, al. 2, makes the appointment, at the request of one of the parties in the following cases: a. the parties cannot agree on the appointment of the arbitrator or president; (b) a party fails to nominate an arbitrator within 30 days from the one where she was called to do; c. the designated arbitrators cannot agree on the choice of a president within 30 days following their appointment.

In the case of multi-party arbitration, the competent judicial authority under art. 356, al. 2, may appoint all the arbitrators.
When a court is called upon to appoint an arbitrator, it proceeds to the appointment, unless a cursory look shows that there was no agreement to arbitrate between the parties.

Art. 363 obligation to declare anyone a mandate of arbitrator must disclose without delay the existence of facts which could raise legitimate doubts about his independence or impartiality.
This obligation continues until the close of the arbitration procedure.

Art. 364 acceptance of the mandate the arbitrators confirm acceptance of their mandate.
The arbitral tribunal is deemed established when all the arbitrators have accepted their mandate.

Art. 365 Secretary the arbitral tribunal may appoint a Secretary.
The art. 363, al. 1, and 367 to 369 are applicable by analogy.

Art. 366 duration of assignment parties may limit, in the arbitration agreement or a subsequent agreement, the duration of the mission of the arbitral tribunal.
The period in which the arbitral tribunal shall make its award may be extended: a. by agreement between the parties; (b) at the request of one of them or of the arbitral tribunal, by a decision of the competent judicial authority under art. 356, al. 2. Title 4 disqualification, revocation and replacement of arbitrators art. 367 challenge of an arbitrator an arbitrator may be challenged in the following cases: a. lack of qualifications agreed to by the parties; (b) in the presence of a ground for disqualification provided for in the rules adopted by the parties; (c) in the case of legitimate doubts about his independence or impartiality.

A party may challenge an arbitrator that she has designated or contributed to designate for a motive which she was aware after the appointment. The reason for the recusal is communicated without delay to the arbitral tribunal and to the other party.

Art. 368 disqualification of the arbitral tribunal a party may challenge the arbitral tribunal if the other party has exercised a predominant influence on the appointment of members. The challenge is notified without delay to the arbitral tribunal and to the other party.
The new arbitral tribunal is established according to the procedure laid down in art. 361 and 362.
The members of the arbitral tribunal challenged can be nominated again.

Art. 369 challenge procedure the parties may agree freely the challenge procedure.
If no procedure has been agreed, the demand for recusal, written and motivated, should be addressed to the referee whose disqualification is requested within 30 days following the one where the party had knowledge of the reason for recusal; the request is communicated to the other arbitrators within the same period.
If the referee disputed her recusal, the requesting party may request within 30 days to the body designated by the parties to decide or, failing that, to the competent judicial authority under art. 356, al. 2. unless otherwise agreed by the parties, the arbitral tribunal may, during the challenge procedure, continue the proceedings and make an award with the participation of the arbitrator under the challenge.
The decision on the objection may be reviewed only through an appeal against the first challenged sentence.

Art. 370 revocation any arbitrator can be revoked by written agreement between the parties.
When an arbitrator is not able to fulfill its mission on time or does not fulfil with due diligence, it can be removed at the request of a party, by the body designated by the parties or, failing that, by the competent judicial authority under art. 356, al. 2. art. 369, al. 5, apply to the appeal against the decision of revocation.

Art. 371 replacement of an arbitrator when an arbitrator must be replaced, the procedure for his appointment shall apply, unless the parties have agreed or otherwise agree.
If the replacement can be done according to this procedure, the new arbitrator is appointed by the competent judicial authority under art. 356, al. 2, unless it is excluded by the convention or the withdrawal of a member of the arbitral tribunal makes it obsolete.
Failing agreement between the parties, the reconstituted arbitral tribunal decides to what extent acts in which participated the replaced arbitrator are repeated.
The replacement of an arbitrator does not suspend the time limit in which the arbitral tribunal must render its decision.

Title 5 proceedings arbitration art. 372 pending the arbitration is pending: a. as soon as that part captures the arbitral court designated in the arbitration agreement; (b) if the arbitration agreement is no arbitral tribunal, as soon as a party committed to the constitution of the arbitral tribunal or the procedure of conciliation agreed between the parties.

When the parties filed identical applications before a judicial authority and an arbitral tribunal, who grabbed second suspends officio procedure through right known on the competence of the first seized.

Art. 373 general rules of procedure the parties may: a. deal with themselves the arbitral proceedings; b. set the procedure by referring to arbitration rules; c. submit the arbitral proceedings to the law of procedure of their choice.

If the parties have not solved the procedure, it is fixed by the arbitral tribunal.
The president of the arbitral tribunal can decide himself some procedural issues if it is authorized by the parties or by other members of the tribunal.
The arbitral tribunal guarantees equality between the parties and their right to be heard in adversarial proceedings.
Each party may be represented.
Any violation of the rules of procedure must be invoked immediately; otherwise, it cannot be subsequently.

Art. 374 interim measures, security and damages the judicial authority or, unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order interim measures, including for the purpose to preserve evidence.
If the person concerned does not submit a measure ordered by the arbitral tribunal, it or a party may apply to the judicial authority to make the necessary orders. If the application is filed by a party, it must require the consent of the arbitral tribunal.
The arbitral tribunal or the Court may require the applicant to provide security if the interim measures are likely to cause injury to the opposing party.
The applicant is responsible for the damage caused by unjustified interim measures. However, if he proves that he asked in good faith, the arbitral tribunal or the judicial authority may reduce the damages or do not allocate. The injured party may assert his claims in the pending arbitral proceedings.
Securities are released as soon as it is established that no action for damages will be filed; in case of uncertainty, the arbitral tribunal sets a deadline to act to the person concerned.

Art. 375 taking of evidence and contest the judicial authority of the arbitral tribunal is itself the taking of evidence.
When the taking of evidence or the fulfillment of any other procedural act requires the support of State authorities, the arbitral tribunal may require the assistance of the competent judicial authority under art. 356, al. 2. a party may also seek his assistance with the consent of the arbitral tribunal.
The arbitrators may attend the proceedings of the judicial authority and ask questions.

Art. 376 Consorite, cumulation of actions and third party arbitration proceedings can be brought by or against the consorts to the following conditions: a. all parts are linked by one or several concurrent arbitration agreements; b. the claims by or against them are identical or related.


Related claims between the same parts can be joined in a same arbitration provided that they are subject to concurrent arbitration agreements between these parties.
The intervention and the appeal of a third party must be provided by an arbitration agreement between the third party and the parties in dispute and are subject to the consent of the arbitral tribunal.

Art. 377 compensation and counterclaim the arbitral tribunal is competent to rule on the exception of compensation even if the claim which it is based does not fall under the arbitration agreement or been the subject of another agreement of arbitration or an extension of for.
The counterclaim is admissible if it relates to a claim covered by an arbitration agreement concordant.

Art. 378 advanced costs the arbitral tribunal may order ahead of the alleged costs of proceedings and subordinate the continuation of the procedure to the payment of the advance. Unless otherwise agreed by the parties, it is the amount charged to each of the parties.
If a party fails to pay advanced costs assigned, the other party may forward the full fees or give up arbitration. In this case, this last can introduce a new arbitration or before the judicial authority for the same dispute.

Art. 379 security for costs if the plaintiff is insolvent, the arbitral tribunal may order, at the request of the defendant, that security be provided for its costs alleged in a specified period. Art. 378, al. 2, shall apply by analogy.

Art. 380 legal aid legal aid is excluded.

Title 6 award art. 381 applicable law the arbitral tribunal statue: a. According to the rules of law chosen by the parties; b. in fairness if parties are allowed him.

Absence of choice or approval, it shall act according to the law a judicial authority would have applied.

Art. 382 deliberation and sentence officials involved in the deliberations and decisions of the arbitral tribunal.
If an arbitrator refuses to participate in deliberations or a decision, others can deliberate or make decisions without him, unless the parties have agreed otherwise.
The award is made by a majority of votes, unless the parties have agreed otherwise.
If no majority, the award is made by the president.

Art. 383 incidental and partial sentences unless otherwise agreed by the parties, the arbitral tribunal may limit the procedure to questions or conclusions determined.

Art. 384 content of the arbitral sentence contains: a. the composition of the arbitral tribunal; (b) the indication of the seat of the arbitral tribunal; (c) the designation of the parties and their representatives; d. the conclusions of the parties or, failing that, the issue to be tried; (e) unless the parties expressly to give the findings of fact, the recitals in law and, as appropriate , grounds of equity; f. the device on the bottom and on the amount and distribution of the costs of the tribunal and of the costs; (g) the date on which it is made.

The award is signed; the signature of the president is sufficient.

Art. 385 agreement between the parties when the parties put an end to the dispute for arbitration, the arbitral tribunal given act, on request, in the form of an award.

Art. 386 notification and filing of the award a copy of the award shall be notified to each of the parties.
Each party may file, at its own expense, a copy of the award with the competent judicial authority under art. 356, al. 1. this tribunal certifies, at the request of a party, that the sentence is enforceable.

Art. 387 effects of the sentence as soon as it has been communicated, the sentence has the same effect as a court order entered in force and binding.

Art. 388 correction and interpretation of award; additional award any party may request the arbitral tribunal: a. to rectify any miscalculation or editorial error in sentencing; b. to interpret certain passages of the award; c. to make an additional award on the heads of claim exposed during the arbitral proceedings but omitted from the award.

The request is addressed to the arbitral tribunal within 30 days following the discovery of the error, to interpret passages or supplements to bring, but at the latest in the year following the notification of the award.
The request does not suspend the periods allowed for appeals. If a party is aggrieved by the result of this procedure, it benefits from a new period of appeal on this point.

Title 7 appeals against the award Chapter 1 appeal art. 389 recourse to the federal court the arbitration can be appealed to the federal court.
The procedure is governed by the law of 17 June 2005 on the federal court unless otherwise provided by this chapter.

RS 173.110 art. 390 appeals to the cantonal court the parties may, by an express statement in the arbitration agreement or in a later agreement, agree that the arbitral award may be appealed to the competent cantonal court under art. 356, al. 1. the procedure is governed by arts. 319 to 327, unless otherwise provided in this chapter. The decision of the cantonal court is final.

Art. 391 subsidiarity appeal is admissible only after the exhaustion of arbitral recourse provided for in the arbitration agreement.

Art. 392 objectionable sentences the application is admissible for: a. partial and final awards; b. collateral sentencing for the reasons set out in art. 393, let. a and b.

Art. 393 grounds of appeal the following reasons are admissible: a. the sole arbitrator was irregularly appointed or the arbitral tribunal improperly composed; b. the arbitral tribunal expressed wrongly competent or incompetent; c. the arbitral tribunal ruled beyond the requests which it was before or has omitted to rule on one of the leaders in demand; d. the equality of the parties or their right to be heard in adversarial procedure has not met; e. the sentence is arbitrary in its result because it is based on findings clearly contrary to the facts resulting from the record or because it is clear a violation of law or equity; f. expenses and the fees of the arbitrators fixed by the arbitral tribunal are clearly excessive.

Art. 394 reference to supplement or correct the Tribunal federal or cantonal court may, after hearing the parties, refer the sentence to the arbitral tribunal and he set a time limit for her correct or complete it.

Art. 395 pronounced if the sentence is neither referred to the arbitral tribunal to supplement or correction or corrected or completed within the time limit, the federal court or the District Court ruling; He admits the appeal, it cancels the sentence.
When the award is set aside, the arbitrators decide again according to the recitals of the judgment.
The cancellation may be limited to certain parts of the award, unless the others depend on it.
When sentencing is attacked on the ground that the expenses and fees of the arbitrators are clearly excessive, the federal court or the District Court may determine the amount.

Chapter 2 review art. 396 grounds for review a party may, for one of the following reasons, ask the competent court under art. 356, al. 1, the review of a sentence which entered into force: a. she discovers afterwards relevant facts or of the evidence conclusive that she could invoke in the previous procedure, to the exclusion of the facts or evidence after sentencing; b. criminal proceedings establishes that the award has been influenced to the prejudice of the use by a crime or an offence even if no conviction occurred; If the criminal action is not possible, evidence may be given in a different way; c. She argued that the discontinuance of action, acquiescence or the legal transaction is not valid.

Review for violation of the ECHR can be requested under the following conditions: a. the European Court of human rights found in a final judgment, a violation of the ECHR or its protocols; b. compensation isn't likely to remedy the effects of the breach; c. review is necessary to address the effects of the violation.

RS 0.101 art. 397 times the request for review is filed within 90 days from the discovery of the ground of review.
The right to request a review expire ten years from the entry into force of the sentence, with the exception of the cases provided for in art. 396, al. 1, let. b. art. 398 procedure the procedure is governed by arts. 330 and 331.

Art. 399 reference to the arbitral tribunal if the application is admitted, the arbitral award is cancelled and the cause referred to the arbitral tribunal for judgment.
If the arbitral tribunal includes more the number of arbitrators required, art. 371 is applicable.

Part 4 provisions finals title 1 performance art. 400 principles. the federal Council shall issue implementing provisions.
It provides the formulas for the acts of the parties and the Court. Forms for parts must be designed so they can be used by people with no legal knowledge.

The federal Council may delegate the enactment of technical and administrative regulations to the federal Office of justice.

Art. 401 pilots the cantons may conducting pilots with the approval of the federal Council.
The federal Council may delegate to the federal Office of justice the competence to approve these projects.

Title 2 adjustment of legislation art. 402 repeal and amendment of existing law repeal and modification of existing law are dealt with in annex 1.

Art. 403 provisions of coordination the coordination of this Act with other legislation is regulated in Schedule 2.

Title 3 transitional provisions Chapter 1 transitional provisions of December 19, 2008 art. 404 the previous law enforcement ongoing procedures for the entry into force of this Act are governed by the old law of procedure until the end of the instance.
The jurisdiction of the place is governed by the new law. However, the jurisdiction conferred in application of the previous law is maintained.

Art. 405 appeal proceedings are governed by the law in force at the time of the communication of the decision to the parties.
Review of decisions communicated pursuant to the old law is governed by the new law.

Art. 406 Election of for the validity of an election clause of is determined according to the law in force at the time of its adoption.

Art. 407 arbitration agreement the validity of arbitration agreements concluded before the entry into force of this Act is determined according to the most favourable law.
The pending arbitration proceedings at the entry into force of this Act are governed by the old law. The parties may however agree on the application of the new law.
The law in force at the time of the communication of the award applies to legal remedies.
The judicial procedures referred to in art. 356 pending the entry into force of the present law are governed by the old law.

Transitional 2Disposition chapter of the amendment on 28 September 2012 art. 407a proceedings acts after the entry into force of the amendment on 28 September 2012 are governed by the new law.

Title 4 Referendum and entry into force art. 408. this Act is subject to the referendum.
The federal Council shall determine the date of entry into force.

Annex 1 (art. 402) repeal and amendment of existing law I. repeal of the law in force the law of 24 March 2000 on the fors is repealed.

II. Modification of the law in force...

[RO 2000 2355, 2004 2617 annex c. 3, 2005 5685 annex c. 14, 2006 5379 annex c II 2.]
Mod. can be found at the RO 2010 1739.

Status January 1, 2016 annex 2 provisions of coordination 1. Coordination of the code of civil procedure with Act the nuclear civil liability regardless of the order in which the code of civil procedure of December 19, 2008 (CPC) and the law of 13 June 2008 on the civil nuclear liability (new federal) come into force, on the entry into force of the second of these laws , or to their entry into force at the same time, the CPC is changed as follows: art. 5, al. 1, let. e the cantonal law establishes the competent court to rule on single cantonal instance on: e. litigation under the Federal Act of 13 June 2008 on the civil nuclear liability;

Art. 38a nuclear damage the Court of the canton where the harmful event occurred knows imperative actions arising from a nuclear accident.
If it is impossible to determine this canton with certainty, the Court of the canton where the nuclear installation of the operator responsible for is absolutely responsible.
If there are several fors according to the preceding rules, the Court of the canton most closely related to the accident and the most affected by its consequences is absolutely responsible.

2. coordination of point 19 of annex 1 with the new Federal what that either the order in which the CPC and the new Federal come into force, the entry into force of the second of these laws, or their entry into force at the same time, section 19 of Schedule 1 CPC is moot and the new Federal is amended by clause 20 of Schedule 1 CPC.

3. coordination of the code of civil procedure with the change of the CC of the December 19, 2008 (Protection of the adult, the right people and filiation law) regardless of the order in which the CPC and the change of the CC of December 19, 2008 (Protection of the adult, right people and right of filiation) come into force on the entry into force of the second of these laws , or to their entry into force at the same time, the CPC is changed as follows:...
Table of contents purpose art. 1 causes of international nature art. 2 Organization of the courts and conciliation authorities art. 3 principles art. 4 instance cantonal unique art. 5 commercial court art. 6 litigation involving supplementary insurance to the social insurance art. 7 direct action before the superior court art. 8. for imperative art. 9 home and seat art. 10 residence article 11 institutions and branches art. 12 measures interim art. 13 request counterclaim art. 14 Consorite and accumulation of shares art. 15 call article 16 Election of for art. 17 acceptance tacit art. 18 jurisdiction graceful art. Protection of the person and protection of data article 19 20 statement of death and absence art. 21 amendment of the registers of civil status art. 22 queries and actions based on the right of marriage art. 23 queries and actions for registered partnership art. 24 finding and challenging filiation art. 25 maintenance and alimony art. 26 claims of the mother not married art. 27 art. 28 buildings art. 29 goods furniture art. 30 principle art. 31 contracts concluded with consumers art. 32 lease to rent or to farm on a building art. 33 right to work art. 34 waiver to article legal forums 35 principle art. 36 damages consecutive to unjustified provisional measures art. 37 accidents motor vehicle and bicycle art. 38 conclusions civil art. 39 corporate art. 40 repealed art. 41 merger, Division, transformation and transfer of assets art. 42 cancellation of securities and insurance policies and restrictions on paying art. 43 borrowing through bonds art. 44 funds art. 45 art. Grounds for recusal Art. 46 47 reporting art. 48 challenge art. 49 decision art. 50 consequences of failure to comply with the rules of recusal art. Respect for the rules of good faith article 51 Right to be heard Art. 52 53 principle of advertising art. 54 maxim of debates and inquisitorial Maxim art. 55 inquiry by the tribunal art. 56 application of the law art. 57 disposal principle and maxim of office art. 58 principle art. Review of the conditions of admissibility Art. 59 60 arbitration art. Beginning of lis pendens Art. 61 62 lis pendens in the event of incompetence of the tribunal or dummy procedure art. 63 effects of lis pendens art. 64 result of the discontinuance of action art. Capacity to be a party article 65 66 ability to litigate art. 67 representation conventional art. 68 inability to conduct art. 69 Consorite needed section 70 Consorite simple art. 71 representative common art. 72 art. 73 principle art. 74 request art. 75 rights of the advocate art. 76 effect of intervention art. 77 principle art. 78 standing of the third party art. 79 effects of denouncing art. 80 arts. 81 procedure art. 82 art. 83 action condemnatory art. 84 action in unencrypted payment art. 85 action partial art. 86 action trainer art. 87 action in finding of law art. 88 organizations art. 89 accumulation of shares art. 90 principle art. 91 income and periodic benefits art. 92 Consorite simple and accumulation of shares art. 93 request counterclaim art. 94 definitions art. 95 price art. 96 information on fees art. 97 advanced costs art. 98 collateral as security for costs art. 99 nature and amount of security art. 100 provision of advances and security art. 101 advanced the costs of the administration of evidence art. 102 remedies art. 103 decision on fees art. 104 setting and apportionment of costs art. 105 general rules of distribution art. 106 distribution in equity art. 107 fees caused unnecessarily art. 108 distribution in case of transaction art. 109 appeal art. 110 fees art. 111 stay, discount, prescription and interest art. 112 art. conciliation procedure 113 procedure to the background art. 114 obligation to bear the costs of art. 115 waivers of fees provided for by cantonal law art. 116 law art. 117 scope art. 118 application and procedure art. 119 withdrawal of legal aid art. 120 appeals art. 121 fees art. 122 refund art. 123 principles art. Simplification of the trial article 124 125 suspension of the proceedings art. 126 referral to outside brackets art. 127 discipline in procedure and reckless methods art. 128 s. 129 form art. Number of copies Art. 130 131 flaws and acts abusive or introduced in litigious way art. 132 content art. 133 time art. 134 removal of the appearance art. 135 documents to be served art. 136 notification to a representative art. 137 form art. 138 notification by electronic arts. Election of domicile Art. 139 140 notification via edictale art. 141 computation art. 142 time limits art. 143 extension art. 144

Suspension of time limits art. 145 effects of suspended art. 146 default and consequences art. 147 return art. 148 proceedings art. 149 object of evidence art. 150 made notorious art. 151 right to evidence art. 152 the evidence of office art. 153 orders of evidence art. 154 of evidence art. 155 interests worthy of protection art. 156 free assessment of evidence art. Evidence in future Art. 157 158 bodies of a legal person art. 159 obligation to cooperate art. 160 information art. 161 refusal justified to work art. Right of refusal Article 162 163, denial unjustified art. 164 right of absolute refusal art. 165 right of refusal limited art. 166 refusal unjustified art. 167 art. 168 object art. 169 citation art. 170 form of statement art. 171 content of statement art. 172 questions additional art. 173 confrontation art. Testimony-expertise Art. 174 175 minutes art. 176 definition art. 177 authenticity art. 178 probative of public registers and authentic securities art. 179 production of securities art. 180 enforcement art. 181 minutes art. 182 principles art. 183 rights and duties of the s. expert 184 mandate art. Investigations of the s. expert 185 Report of the expert Art. 186 187 delay and negligence art. 188 expertise-arbitration art. 189 art. 190 questioning of the parties art. 191 deposition of the parties art. 192 minutes art. 193 principle art. 194 proceedings made directly in another canton art. 195 mutual assistance art. 196 principle art. 197 exceptions art. 198 waiver to the procedure of conciliation art. Joint authorities of conciliation Art. 199 200 tasks of the authority of conciliation art. 201 introduction art. 202 hearing art. 203 appearance personal art. Confidentiality of the procedure article 204 205 fault art. The costs of conciliation Art. 206 207 conciliation art. 208 authorization art. 209 proposed judgment art. 210 effects art. 211 decision art. 212 mediation replacing the conciliation article procedure 213 mediation during the procedure to the background art. 214 organization and conduct of the mediation article 215 relationship with court proceedings art. 216 ratification of the agreement art. 217 s. mediation fees 218 art. 219 introduction art. 220 application art. 221 response art. Failure to reply Art. 222 223 application counterclaim art. 224. second round of correspondence art. 225 instruction Art. hearing Amendment of the application article 226 227. first argument art. 228 facts and new evidence art. 229 change of demand art. 230 of evidence art. 231 pleadings finals art. 232 waiver in the main debates art. 233 defect at the hearing of the main debates art. 234 art. 235 decision final art. 236 decision incident art. 237 content art. 238 communication to the parties and motivational art. 239 communication and publication of the decision art. 240 transaction, acquiescence and discontinuance of action art. 241 procedure moot for other reasons art. 242 scope art. 243 simplified application art. 244 quote at the hearing and determinations of the opposing art. 245 decisions of education art. 246 fact-finding art. 247 principle art. 248 code civil art. 249 code of obligations art. 250 federal law of April 11, 1889, on debt collection and bankruptcy art. 251 request art. 252 response art. 253 evidence art. 254 Maxime inquisitorial art. 255 decision art. 256 art. 257 principle art. 258 opinion art. 259 opposition art. 260 principle art. 261 object art. 262 measures before lis pendens art. 263 securities and damages art. 264 measures superprovisionnelles art. 265 actions against the media art. 266 performance arts. 267 modification and revocation art. 268 reserved provisions art. 269 art. 270 scope art. 271 Maxime inquisitorial art. 272 procedure art. 273 introduction art. 274 life suspension common art. 275 measures interim art. 276 fact-finding art. 277 appearance personal art. Ratification of the convention article 278 279 article output benefits-sharing agreement 280 disagreement on the Division of output art. 281 Art. maintenance payments Decision 282 unique art. 283 modification of the effects of the divorce having the force of res judicata art. 284 query in case of complete agreement art. 285 query in case of partial agreement art. 286 hearing the parties art. 287 following the procedure and decision art. 288 appeal art. 289 application art. 290 s. conciliation hearing 291 transformation for divorce based on query common art. Amendment of the application article 292 293 art. 294 principle art. 295 inquisitorial Maxim and Maxim office art. 296 parents hearing and mediation art. 297 hearing of the child art. 298 representation of the child art. 299 competence of the representative art. 300 communication of the decision art. 301 scope art. 302 measures interim art. 303 jurisdiction art. 304 scope art. 305 procedure art. 306 s. 307 decisions objectionable art. 308 exceptions art. 309 grounds art. 310 appeal art. 311 response art. 312 appeal art. 313 procedure summary article 314 effect suspensive art. 315 procedure in the Court of appeal art. 316 facts and new evidence. Amendment of the application art. 317 decision on appeal art. 318 appeal art. 319 grounds art. 320 proceedings art. 321 response art. 322 joint appeal art. 323 notice of the previous proceedings art. 324 effect suspensive art. 325 conclusions, allegations of facts and new evidence art. 326 procedure and decision art. 327 finding of enforcement according to the Convention of Lugano. 327a grounds for review art. 328 times and form art. 329 reviews of opposing art. 330 effect suspensive art. 331 decision on the request for review art. 332 new decision on the background art. 333 s. 334 scope art. 335 character binding art. 336 running direct art. 337 application of performance arts. 338 competence and procedure art. 339 measures conservatories art. 340 review of enforceability and determinations of the unsuccessful art party 341 delivery conditional or subordinate to consideration art. 342 obligation to refrain or to tolerate art. Declaration of intention Art. 343 344 damages and delivery silver art. Use of third-party article 345 346 character binding art. 347 exceptions art. 348 title on a benefit in money art. 349 title on other performance art. 350 procedure the Court of execution art. Decision 351 judiciary art. 352 scope art. 353 object of the arbitration art. 354 seat of the arbitral tribunal art. 355 authorities competent court art. 356 arbitration art. 357 shape art. 358 challenges to the jurisdiction of the arbitral tribunal art. 359 number of arbitrators art. 360 appointment of arbitrators by the parties art. 361 appointment by the judicial authorities art. 362 reporting art. 363 acceptance of office art. 364 Secretary art. 365 the mission art. Challenge of an arbitrator article 366 367 disqualification of the arbitral tribunal art. 368 s. challenge procedure 369 revocation art. Replacement of an arbitrator article 370 Lis pendens Art. 371 General rules of procedure article 372 373 interim measures, security and damages art. 374 of evidence and contest the judicial authorities art. 375 Consorite, cumulation of actions and involvement of third-party art. 376 compensation and counterclaim art. 377 advanced costs art. 378 security for costs art. 379 support judiciary art. 380 law applicable art. 381 deliberation and sentence art. 382 interlocutory sentences and partial 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 correction and interpretation of award; additional award art. 388 to court federal art. 389 recourse to the cantonal court art. 390 subsidiarity art. 391 sentences objectionable art. 392 grounds of appeal art. 393 reference to complement or rectification art. 394 pronounced art. 395 grounds for review art. 396 times art. 397 procedure art. 398 reference to the arbitral tribunal art. 399 principles art. 400 pilots art. 401 repeal and amendment of law art. 402 s. coordinating amendments 403 application of the previous law art. 404 appeal art. 405 Election of for art. 406 arbitration art. 407 application of the previous law art. 407a art. 408 RS 732.44; FF 2008 4845 RS 732.44; FF 2008 4845 RS 732.44; FF 2008 4845 RS 210. mod can be found at the RO 2010 1739.

RO 2010 1739 RS 101 FF 2006 6841 introduced by the seven no I 1 of the Federal Act of 28. 2012 (Disp) relating to the drafting of the minutes, in force since May 1, 2013 (RO 2013 851; FF 2012 5281 5293).
Introduced by no I 1 of the Federal Act of Sept. 28. 2012 (Disp) relating to the drafting of the minutes, in force since May 1, 2013 (RO 2013 851; FF 2012 5281 5293).
March 31, 2010 ACF RS 281.1 State on January 1, 2016

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