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RS 211.231 Federal Act of 18 June 2004 on partnership between persons of the same sex (Partnership Act, LPart)

Original Language Title: RS 211.231 Loi fédérale du 18 juin 2004 sur le partenariat enregistré entre personnes du même sexe (Loi sur le partenariat, LPart)

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211.231

Federal partnership law registered between persons of the same sex

(Partnership Act, Part)

18 June 2004 (State 1 Er July 2013)

L ' Federal Assembly of the Swiss Confederation,

Having regard to art. 38, para. 2, 112, para. 1, 113, para. 1, 119, para. 2, 121, para. 1, 122, para. 1, 123, para. 1, 128, para. 1, and 129, para. 1, of the Constitution 1 , given the message of the Federal Council of 29 November 2002 2 ,

Stops:

Chapter 1 General provisions

Art. 1 Purpose

This Law regulates the conclusion, effects and dissolution of the registered partnership between persons of the same sex.

Art. 2 Principle

1 Two persons of the same sex can register their partnership officially.

2 They undertake to lead a life as a couple and to take on one another the rights and duties of the registered partnership.

3 Their marital status is "linked by a registered partnership".

Chapter 2 Registration of the Partnership

Section 1 Conditions and Impediments

Art. 3 Conditions

1 Both partners must be 18 years of age and capable of discernment.

2 ... 1


1 Repealed by c. 8 of the annex to the PMQ of Dec. 2008 (Protection of the adult, right of persons and right of descent), with effect from 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).

Art. 4 Prevents

1 The registered partnership is prohibited between two parents directly online as well as between brothers and sisters gerhands, inbred or uterine.

2 Each partner must establish that they are not already bound by a registered or married partnership.

Section 2 Procedure

Art. 5 Request

1 The application for registration shall be made to the Office of the Vital Statistics of the domicile of one of the partners.

2 Partners appear personally. If they demonstrate that this clearly cannot be required of them, the execution of the preliminary procedure shall be accepted in the written form.

3 The partners produce the necessary documents. They personally declare with the Office of the Vital Statistics that they fulfil the conditions of registration of the partnership.

4 Partners who are not Swiss citizens must establish the legality of their stay in Switzerland during the preliminary proceedings. 1


1 Introduced by ch. II 2 of the LF of 12 June 2009 (Prevent marriages in the event of an irregular stay), in force since 1 Er Jan 2011 ( RO 2010 3057 ; FF 2008 2247 2261).

Art. 6 Review

1 The competent civil status office shall verify that the conditions to which the registration is made are satisfied and that there is no ground for prevention or any evidence to conclude that the application for registration is not Clearly not the expression of the free will of the partners. 1

2 The Civil Officer refuses his assistance when one of the partners obviously does not want to lead a common life, but evade the provisions on the admission and residence of aliens. 2

3 In the cases referred to in para. 2, it hears the partners and may request information from other authorities or third parties. 3

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


1 New content according to the c. I 4 of the PMQ of 15 June 2012 on measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).
2 Introduced by ch. II 5 of the annex to the LF of 16 Dec. 2005 on Foreigners, in force since 1 Er Jan 2008 ( RO 2007 5437 ; FF 2002 3469 ).
3 Introduced by ch. II 5 of the annex to the LF of 16 Dec. 2005 on Foreigners, in force since 1 Er Jan 2008 ( RO 2007 5437 ; FF 2002 3469 ).
4 Introduced by ch. II 2 of the LF of 12 June 2009 (Prevent marriages in the event of an irregular stay), in force since 1 Er Jan 2011 ( RO 2010 3057 ; FF 2008 2247 2261).

Art. 7 Form of the record

1 The registrar registers the declaration of will of the two partners and makes them sign the act of partnership.

2 The registration of the partnership is public.

Art. 8 Implementing provisions

The Federal Council shall issue the implementing provisions.

Section 3 Cancellation

Art. Absolute Causes

1 Any interested person may, at any time, request the judge to cancel the registered partnership if:

A.
One of the partners was unable to discernment at the time of registration of the partnership and has not recovered the ability to discernment since then;
B.
The partnership was registered in violation of s. 4;
C. 1
One of the partners does not want to lead a common life, but evade the provisions on the admission and residence of foreigners;
D. 2
The partnership was registered in violation of the free will of one of the partners;
E. 3
One of the partners is a minor, unless the best interest of the latter is to maintain the registered partnership.

2 During the duration of the registered partnership, the competent authority of the domicile of the partners automatically initiates the action for annulment. To the extent that this is compatible with their powers, the federal or cantonal authorities shall inform the competent authority to bring an action when they have reason to believe that a registered partnership is vitiated by a defect Invalidity. 4


1 Introduced by c. II 5 of the annex to the LF of 16 Dec. 2005 on Foreigners, in force since 1 Er Jan 2008 ( RO 2007 5437 ; FF 2002 3469 ).
2 Introduced by c. I 4 of the PMQ of 15 June 2012 on measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).
3 Introduced by c. I 4 of the PMQ of 15 June 2012 on measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).
4 Phrase introduced by ch. I 4 of the PMQ of 15 June 2012 on measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).

Art. 10 Relative Causes

1 Each partner may request the cancellation of the partnership registered with the judge for the vice of consent.

2 The plaintiff must bring the action for annulment within six months from the day on which he discovered the vice of consent, but in any case within five years of the registration.

3 If the applicant dies during the proceedings, the heirs may continue to do so.

Art. 11 Effects of cancellation

1 The registered partnership shall be cancelled upon the entry into force of the judgment giving the cancellation.

2 Succession rights are extinguished retroactively. Moreover, the provisions on the judicial dissolution of the registered partnership apply by analogy.

Chapter 3 Effects of the Registered Partnership

Section 1 General rights and duties

Art. 12 Assistance and Respect

The partners owe each other to the other assistance and respect.

Art. 12 A 1 Name

1 Each partner retains its name.

2 In registering the partnership, partners may, however, declare to the registrar that they wish to have a common name; they may choose between the name of one or the other.


1 Introduced by ch. II 2 of the PMQ of Sept. 2011 (Name and right of city), effective from 1 Er Jan 2013 ( RO 2012 2569 ; FF 2009 6843 6851).

Art. 13 Maintenance

1 The partners contribute, each according to their faculties, to the proper maintenance of the community.

2 Where the partners cannot agree on this point, the judge shall determine, at the request of one of them, the financial contributions due for the maintenance of the community. These benefits may be claimed for the future and for the year preceding the introduction of the request.

3 When one of the partners does not meet their maintenance obligations to the community, the judge may prescribe to his or her debtors to operate all or part of their payments in the hands of the other.

Art. 14 Common housing

1 A partner shall not, without the express consent of the other, neither terminate the lease, nor dispose of the common dwelling, nor restrict by other legal acts the rights to the common dwelling.

2 If it is not possible to collect this consent or if it is refused without any legitimate reason, the interested partner may appeal to the judge.

Art. 15 Community Representation

1 Each partner represents the community for the common needs of the community during the life of the community.

2 Beyond current needs, a partner represents the community only:

A.
Where authorized by the partner or by the judge; or
B.
Where there is no delay in the case and the partner is prevented from giving consent by illness, absence or other similar causes.

3 Each partner is personally bound by his or her actions and compels his or her partner in solidarity as he or she does not exceed his powers in a recognizable manner for third parties.

4 Where one of the partners exceeds his or her right to represent the community or is unable to exercise it, the judge may, at the request of the other, withdraw all or part of his or her powers. The withdrawal of powers shall be binding on third parties in good faith only after having been published on the order of the judge.

Art. 16 Duty to fill

1 Each partner is required to inform the other, at his/her request, of his or her income, assets and debts.

2 The judge may, at the request of one of the partners, compel the other or third parties to provide the relevant information and to produce the necessary documents.

3 The professional secrecy of lawyers, notaries, doctors, clerics and their auxiliaries is reserved.

Art. 17 Suspension of common life

1 A partner is justified in rejecting common life for just cause.

2 At the request of one of the partners, the judge shall:

A.
Determine the monetary contribution to be paid by one partner to the other;
B.
Regulates the use of household and household furnishings.

3 The request may also be made by one of the partners when the other refuses the common life without being founded.

4 When new facts commission it, the judge, at the request of one of the partners, shall order amendments or lift the measures taken.

Section 2 Heritage Reports

Art. 18 Partner properties

1 Each partner has its own assets.

2 Each partner answers its debts on all of its assets.

Art. 19 Evidence

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

2 In the absence of proof, the property is presumed to be co-owned by both partners.

Art. Inventory

1 Each partner may request at any time to contribute to the establishment of an inventory of their respective assets by authentic act.

2 The accuracy of this inventory is assumed when it was prepared in the year from the day on which the assets were contributed.

Art. Administration Mandate

Where one of the partners has entrusted the administration of its assets to the other, the rules of the mandate shall apply, unless otherwise agreed.

Art. Restrict disposal authority

1 To the extent necessary to ensure the material conditions of the community or the execution of pecuniary obligations arising out of the registered partnership, the judge may, at the request of one of the partners, restrict the power of the other Dispose of certain assets without their consent and order appropriate security measures.

2 Where the measure relates to a building, the judge shall refer the matter to the land register.

Art. Debates between partners

1 Where one of the partners has debts with respect to the other and the settlement of those debts exposs it to serious difficulties, it may request payment periods in so far as they can reasonably be imposed on the creditor partner.

2 It must be required to provide security if the circumstances so require.

Art. 24 Allocation of a Condominium Property

Where a property is a condominium, a partner may, on the dissolution of the registered partnership, request, in addition to the other measures provided for by the law, that the property be allocated to the partnership in full if it is of paramount interest, to be borne by Disinterest her partner.

Art. 25 Convention on Goods

1 Partners may agree on special property rules for the dissolution of a registered partnership. In particular, they may agree that the property will be shared according to the rules of the participation scheme (Art. 196 to 219 civil code, CC 1 ).

2 The Convention shall not affect the reserve of the descendants of any of the partners.

3 It shall be received in the authentic form and shall be signed by the partners and, where appropriate, by the legal representative.

4 Art. 185 and 193 CC shall apply mutatis mutandis.


1 RS 210

Section 3 Special Effects

Art. 26 Marriage

A person bound by a registered partnership cannot marry.

Art. 27 Partner Children

1 When one of the partners has children, the other partner is required to assist it in an appropriate manner in the performance of its maintenance obligation and in the exercise of parental authority and to represent it when the circumstances so require. The rights of parents are guaranteed in all cases.

2 In the event of a suspension of the common life or in the event of dissolution of the registered partnership, a partner may be granted by the tutelary authority the right to maintain contact with the child of the other partner under Art. 274 A CC 1 .


1 RS 210

Art. 28 Adoption and medically assisted reproduction

Persons bound by a registered partnership are not allowed to adopt a child or to use medically assisted human reproduction.

Chapter 4 Judicial discontinuation of the registered partnership

Section 1 Conditions

Art. Common Query

1 When the partners request the dissolution of the partnership registered by a joint motion, the judge hears them and ensures that they have filed their application after careful consideration and of their own will and that a convention on the effects of the Dissolution can be ratified.

2 If these conditions are fulfilled, the judge shall declare the registered partnership to be dissolved.

3 The partners may ask the judge for a joint motion to rule, in the judgment giving the dissolution, the effects of the dissolution on which a disagreement remains.

Art. Unilateral request

A partner may request the dissolution of the registered partnership if, at the time of filing the application, the partners have been separated for at least one year.

Section 2 Effects

Art. A 1 Name

A partner who has changed his or her name upon registration of the partnership retains that name after the dissolution; however, the partner may, at any time, declare to the registrar that he or she wishes to return to his or her name.


1 Introduced by ch. II 2 of the PMQ of Sept. 2011 (Name and right of city), effective from 1 Er Jan 2013 ( RO 2012 2569 ; FF 2009 6843 6851).

Art. Estate law

1 The partners cease to be the legal heirs to each other at the time of the dissolution of the registered partnership.

2 They shall lose all the benefits resulting from dispositions on account of death made before the commencement of the dissolution procedure.

Art. 32 Allocation of common housing

1 The judge may, on fair grounds, assign to one of the partners the rights and obligations arising out of the lease agreement relating to the common unit, provided that such a decision can reasonably be imposed on the other partner.

2 The partner who is no longer a tenant is jointly and severally liable for the rent until the end of the lease or the term of leave provided for in the contract or law, but in all cases for up to two years. When its liability has been incurred for the payment of rent, it may offset the amount paid with the maintenance contribution due to its partner, by instalments limited to the amount of the monthly rent.

3 Under the conditions of para. 1, the judge may assign to one of the partners a fixed term housing right on the common dwelling which belongs to the other partner, subject to fair compensation or a fair deduction from the maintenance contribution. Where significant developments so require, the right of housing is restricted or removed.

Art. 33 Professional foresight

The exit benefits from the professional foresight acquired during the duration of the registered partnership shall be shared in accordance with the provisions of the right of divorce concerning professional foresight.

Art. 34 Maintenance Contributions

1 Following the dissolution of the registered partnership, each partner is in principle responsible for the maintenance of the partnership.

2 Where one of the partners has, by reason of the division of labour during the registered partnership, limited his or her gainful occupation or has failed to do so, he may require fair maintenance contributions from his former partner until he or she May engage in a gainful occupation that enables him or her to provide for his or her own maintenance.

3 In addition, a partner may request a fair maintenance contribution where it falls in the bare ground because of the dissolution of the registered partnership and the payment of the contribution may reasonably be imposed on the partner. Former partner, taking into account the circumstances.

4 Moreover, art. 125, para. 3, and 126 to 132 CC 1 Concerning post-divorce maintenance shall apply mutatis mutandis.


1 RS 210

Art. 35 1

1 Repealed by c. II 4 of Annex 1 to the CPC of 19 Dec. 2008, with effect from 1 Er Jan 2011 ( RO 2010 1739 ; FF 2006 6841 ).

Chapter 5 Final provisions

Art. 36 Amendment of the law in force

The amendment to the existing law is set out in the Annex.

Art. Coordination with the modification of other legislative acts

... 1


1 Disp. Coordination can be consulted at the RO 2005 5685 .

Art. A 1 Transitional provision for the modification of 30 September 2011

Where the partnership has been registered before the entry into force of the amendment of 30 September 2011 of the Civil Code, the partners may, within one year of the entry into force of the amendment, declare to the officer of the State May wish to have a common name; they may choose between the name of one or the other.


1 Introduced by ch. II 2 of the PMQ of Sept. 2011 (Name and right of city), effective from 1 Er Jan 2013 ( RO 2012 2569 ; FF 2009 6843 6851).

Art. 38 Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.

Annex

(art. 36)

Amendment of the law in force

... 1


1 The mod. Can be viewed at RO 2005 5685 .


State 1 Er July 2013