Introductory Act to the Swiss Civil Code (EG ZGB) - Subject Matter (BGB)

1. This law determines the competent authorities for the application of Swiss civil law and regulates the applicable procedure.

2. It contains the provisions reserved for cantonal law by Swiss civil law.

3. Specific cantonal enactments that serve the execution and supplementation of Swiss civil law are reserved.

1. Publications provided for in civil law shall be made in the cantonal official gazette, unless another form of publication is prescribed.

2. The competent authority may order publication in additional media.

3. It determines how often and for how long the publication should take place if no regulations exist.

4. The district court president is responsible for approving a publication if no other authority is designated.

1. The enforcement office at the place of service delivers extrajudicial measures, such as terminations, demands, and notifications that are to be made through official channels, for a fee.

1. The police are responsible for the immediate eviction from the shared residence (Art. 28b para. 4 Swiss Civil Code).

2. The procedure is governed by the provisions of cantonal police law regarding expulsion and exclusion.

1. The Office of Corrections is responsible for the execution of a court-ordered electronic monitoring (Art. 28c para. 1 Civil Code).

2. Prior to ordering electronic monitoring, the competent court, in conjunction with the Office of Corrections, assesses its feasibility. It immediately forwards the enforceable decision to the Office of Corrections.

3. The Office of Corrections may involve the police for the assessment of feasibility as well as for the installation and maintenance of the electronic monitoring.

4. The Office of Corrections promptly informs the competent public prosecutor of any breaches of the prohibitions ordered pursuant to Art. 28b Civil Code or the ordered monitoring measure, provided the penalty warning pursuant to Art. 292 of the Swiss Penal Code of December 21, 1937, applies.

5. One month before the expiration of the ordered monitoring measure, the Office of Corrections reports to the court that ordered the electronic monitoring on the compliance and adherence to the execution rules by the monitored person.

6. The recorded data regarding the involved persons may only be used to enforce the prohibitions ordered pursuant to Art. 28b Civil Code. The Office of Corrections ensures that the data is deleted no later than twelve months after the completion of the ordered monitoring measure.

7. The government council regulates the amount of costs to be borne by the monitored person according to the court order by decree.

1. The competent department authorizes requests for name changes for the government council (Art. 30 para. 1 Swiss Civil Code). It can assign municipalities to conduct investigations in this regard.

2. Decisions on requests for name changes can be appealed to the High Court (Civil Court). The provisions concerning administrative judicial appeal proceedings according to the Administrative Justice Act (Administrative Justice Act, VRPG) of December 4, 2007, are applicable.

1. The result of the procedure for declaration of disappearance must be publicly announced ex officio and communicated to the applicants.

1. The Grand Council shall regulate the civil status districts and the location of each civil status office by decree after consulting the affected municipalities.

1. The municipalities shall bear the costs for the establishment and operation of the civil registry offices.

2. The municipalities forming a civil registry district shall regulate the nature of cooperation, cost sharing, and organization of the civil registry office by contract. The municipal councils are responsible for concluding the contract. If no contract is concluded, the government council shall decide pursuant to § 72 para. 2 of the Municipalities Act dated December 19, 1978.

3. The canton shall charge the civil registry offices the costs of the civil status register in proportion to the population of the civil registry district.

4. The municipal council at the location of the respective civil registry office shall employ the necessary personnel.

1. The Government Council shall issue the provisions necessary for the implementation of federal law and shall designate the supervisory authority by decree.

2. Decisions of the supervisory authority may be appealed to the Superior Court (Civil Court) if they do not concern disciplinary measures. The provisions of the administrative judicial appeal procedure according to the Administrative Judicial Procedure Act (VRPG) are applicable.

1. Municipalities shall, upon request, receive a list of their citizens or local citizens from the civil status register.

1. The Executive Council is responsible for initiating lawsuits for the dissolution of a legal entity due to the illegality or immorality of its purpose.

1. The Public Prosecutor's Office is responsible for filing actions for the annulment of marriage as well as registered partnerships (Art. 106 para. 1 of the Swiss Civil Code and Art. 9 para. 2 of the Federal Act on the Registered Partnerships of Same-Sex Couples [Partnership Act, PartG] of June 18, 2004).

1. The municipalities shall ensure that individuals experiencing difficulties in marriage or registered partnership can approach qualified counseling centers either together or individually.

1. The competent department pronounces the adoption (Art. 268 Swiss Civil Code), provides advisory support (Art. 268d para. 4 Swiss Civil Code), and approves the placement of a foster child for the purpose of later adoption (Art. 316 para. 1bis Swiss Civil Code).

2. The Government Council regulates the procedure by ordinance.

3. Decisions of the competent department regarding adoption and the approval of the placement of a foster child for the purpose of later adoption can be appealed to the Superior Court (civil court). The provisions concerning the administrative judicial appeal process pursuant to the Administrative Procedure Act (VRPG) are applicable.

4. The search for biological relatives according to Articles 268b and 268c of the Swiss Civil Code is conducted free of charge, subject to reimbursement of expenses.

1. The municipal council acts as the opposing party in a paternity suit if the father is deceased and has no surviving descendants, siblings, or parents (Art. 261 para. 2 of the Swiss Civil Code).

1. The collection assistance pursuant to Articles 131, 176a, and 290 of the Civil Code (ZGB), Article 34 paragraph 4 of the PartG, as well as the Ordinance on Collection Assistance for Family Law Maintenance Claims (Collection Assistance Ordinance, InkHV) dated December 6, 2019, is governed by the provisions of the Act on Public Social Assistance and Social Prevention (Social Assistance and Prevention Act, SPG) dated March 6, 2001.

1. The Child and Adult Protection Authority, the Superior Court (Civil Court), insofar as it acts within the scope of child and adult protection law, and the Municipal Council are responsible for submitting the request for instruction to the debtors and for securing (Art. 291 and 292 of the Swiss Civil Code).

1. The competent department is responsible for

a) the authorization and supervision in the area of residential care in accordance with Art. 13 para. 1 (a) of the Ordinance on the Admission of Foster Children (Foster Children Ordinance, PAVO) of October 19, 1977 (Art. 2 para. 2 (a) PAVO),

b) the receipt of notifications and supervision in the area of service offerings in family care in accordance with Art. 20a PAVO (Art. 2 para. 1 (b) PAVO); notification procedures and supervision are free of charge.

2. The municipal council at the child's place of accommodation is specifically responsible for (Art. 316 para. 1 Swiss Civil Code (ZGB) and Art. 2 para. 2 PAVO)

a) the authorization and supervision in the area of family care in accordance with Art. 4 PAVO,

b) the authorization and supervision in the area of residential care in accordance with Art. 13 para. 1 (b) PAVO,

c) the receipt of notifications and supervision in the area of day care in accordance with Art. 12 PAVO.

1. Reports for the purpose of ordering the necessary measures must be submitted to the competent Child and Adult Protection Authority (Art. 333 para. 3 CC).

1. The Government Council designates the Central Authority according to Article 2, Paragraph 1 of the Federal Act on International Child Abduction and the Hague Convention on the Protection of Children and Adults (BG-KKE) of December 21, 2007, and the Enforcement Authority according to Article 12, Paragraph 1 BG-KKE by ordinance.

1. The child and adult protection authority is the family court.

2. The supervisory authority over the child and adult protection authority is the higher court (civil court).

1. The municipality is considered the residence of the Child and Adult Protection Authority and consequently the domicile of the wards or the adults under comprehensive guardianship, in

a) which the affected person had their residence at the time of the establishment of the guardianship or the comprehensive guardianship,

b) to which the person relocates their habitual residence with the consent of the Child and Adult Protection Authority within its jurisdiction, or

c) where the person has their habitual residence at the time the measure is transferred from another Child and Adult Protection Authority.

1. Advance directives and living wills can be deposited with the Child and Adult Protection Authority at the residence of the affected person.

2. The Child and Adult Protection Authority maintains a register of deposited advance directives and living wills and stores them in a secure location.

1. The District Court President decides individually on the following matters

a) Order the taking of inventories, periodic accounting, and reporting (Art. 318 para. 3, Art. 322 para. 2 as well as Art. 405 para. 2 and 3 of the Civil Code [ZGB]),

b) Order deposits and provision of securities (Art. 324 para. 2 ZGB),

c) Establish the termination of a measure due to legal reasons,

d) Appointment of the guardian (Art. 400, 401, 402, and 403 ZGB), decision on a change of guardian due to termination of employment as a professional guardian (Art. 421 point 3 ZGB) or at the request of the guardian (Art. 422 ZGB), and dismissal from office (Art. 422 and 423 ZGB),

e) Direct regulation of the matter in cases of hindrance or conflict of interest of the guardian (Art. 403 ZGB),

f) Determine the compensation of the appointed person (Art. 366 para. 1 ZGB) and of the guardian (Art. 404 para. 2 ZGB),

g) Approval and decision on the investment and safekeeping of assets (Art. 408 para. 3 ZGB and Art. 4 para. 2 and 3, Art. 6 para. 2, Art. 7 para. 2 and 3, Art. 8 para. 3 and Art. 9 para. 1 and 2 of the Ordinance on Asset Management in the context of guardianship [VBVV] of July 4, 2012),

h) Review and approval of the account and report (Art. 415 para. 1 and 2 and Art. 425 para. 2 ZGB),

i) Granting of consent (Art. 416 and 417 ZGB),

j) Transfer of the existing measure to the authorities of the new residence and acceptance of an existing measure from the authority of the previous residence (Art. 442 para. 5 ZGB),

k) Decision on jurisdictional issues (Art. 444 ZGB),

l) Exemption from the obligation to submit the final report and final accounts (Art. 425 para. 1 ZGB),

m) Provisional measures (Art. 445 ZGB),

n) Requests for information (Art. 451 para. 2 ZGB),

o) Enforcements (Art. 450g ZGB),

p) Application for the order of an estate inventory (Art. 553 ZGB),

q) Filing a criminal complaint (Art. 30 para. 2 of the Criminal Code [StGB]).

2. Furthermore, the individual jurisdiction of the District Court President includes the following matters of child protection

a) Re-allocation of parental custody and care by mutual agreement of the parents and approval of maintenance agreements (Art. 134 para. 3, Art. 179 para. 1, Art. 287, 298d, and 315b para. 2 ZGB),

b) Re-allocation of personal contact or caregiving shares in non-contentious cases without new assessment of parental custody or maintenance (Art. 134 para. 4, Art. 179 para. 1, and Art. 298d ZGB),

c) Consent to change the child's place of residence (Art. 301a para. 2 ZGB),

d) Consent to the adoption of the child under guardianship (Art. 265 para. 3 ZGB),

e) Acceptance of the parent's declaration of consent to adoption (Art. 265a para. 2 ZGB),

f) Decision on the child's name in case of disagreement between the parents (Art. 270-270b ZGB),

g) Appointment of a guardian (Art. 298 para. 3 ZGB),

h) Acceptance of the declaration of unmarried parents regarding joint parental responsibility (Art. 298a para. 4 ZGB),

i) Ordering a guardianship for the child (Art. 306 para. 2 ZGB),

j) Ordering a guardianship for establishing paternity and maintaining the right to maintenance (Art. 308 para. 2 ZGB),

k) Acceptance of the child's property inventory after the death of a parent (Art. 318 para. 2 ZGB),

l) Permit for the depletion of the child's property (Art. 320 para. 2 ZGB),

m) Ordering a representation for the unborn child to safeguard inheritance claims (Art. 544 para. 1bis ZGB),

n) Regulation of the crediting of educational allowances (Art. 52fbis of the Ordinance on Old-age and Survivors' Insurance [AHVV] of October 31, 1947).

3. Furthermore, the individual jurisdiction of the District Court President includes the following matters of adult protection

a) Review, interpretation, and supplement of the care mandate and instruction of the appointed person in their duties (Art. 363 and 364 ZGB),

b) Review of the termination of the care mandate (Art. 367 ZGB),

c) Consent to legal actions of the spouse or registered partner within the framework of extraordinary asset management (Art. 374 para. 3 ZGB),

d) Review of the conditions for the spouse's or registered partner's power of representation and issuance of a certificate of representation (Art. 376 para. 1 ZGB),

e) Determination of representation authorization for medical measures (Art. 381 and 382 para. 3 ZGB),

f) Decision on supervisory action against the guardian or a third party or agency appointed by the adult protection authority (Art. 419 ZGB).

4. Matters according to paragraphs 1-3 can be decided by the child and adult protection authorities as a collegial body, if procedural economy, importance or complexity of legal or factual circumstances so require.

1. The summary procedure according to Articles 248 et seq. of the Swiss Code of Civil Procedure (Civil Procedure Code, CPC) of December 19, 2008, is applicable to all cases to be decided under child and adult protection law.

2. The suspension of deadlines according to Articles 145 and 146 CPC does not apply at either the first or second instance.

3. Article 446 paragraph 1 of the Civil Code and Article 229 paragraph 3 of the CPC apply mutatis mutandis before the appeal instances.

1. The instructing Child and Adult Protection Authority may summon third parties to the proceedings ex officio or upon application if these parties could be affected in their own interests by the outcome of the proceedings.

2. The summoned parties have the status of a party with the associated rights and obligations. They cannot exceed the applications of the original parties. They are not entitled to dispose of the subject matter of the dispute. The decision becomes binding for the summoned parties upon their involvement.

3. If the summoned parties waive active participation in the proceedings, they bear no costs.

1. In the first instance proceedings before the Child and Adult Protection Authority, a party is

a) anyone who initiates proceedings through an application,

b) anyone against whom proceedings are initiated,

c) third parties who participate in the proceedings with their own motions,

d) anyone who is summoned.

1. In first instance proceedings in child and adult protection law, the parties may be assisted by persons of their choice and, unless personal action or appearance is necessary, may be represented.

1. The procedural representative (Art. 314abis and 449a Civil Code, Art. 299 Para. 1 Civil Procedure Code) is compensated according to the standard professional rate or, if it is a regular representative, according to the regulations on the compensation of representatives.

2. If the procedural representative is a lawyer, the regulations on the compensation of lawyers apply.

**1. The Child and Adult Protection Authority shall collaborate within the framework of federal law (particularly Art. 443, 448, 449b, 451, and 453 of the Swiss Civil Code) with authorities, agencies, and third parties, namely with**

a) Municipalities,

b) Third parties commissioned for fact-finding,

c) Guardians and custodians,

d) School administrations, teachers, and school social workers,

e) Counseling centers for children, adolescents, and adults,

f) Care and clinical institutions as well as healthcare professionals,

g) Debt enforcement and bankruptcy offices,

h) Police authorities,

i) Authorities and agencies of juvenile criminal law,

j) Authorities and agencies of law enforcement as well as criminal and measure execution.

**2. In collaboration, particularly within the context of case conferences, the authorities, agencies, and third parties may disclose personal data among themselves as far as it is necessary for task performance. The legally protected professional secrecy remains reserved.**

**3. The affected person shall be informed in an appropriate manner about the collaboration according to paragraphs 1 and 2, at the latest during the hearing pursuant to Art. 447 of the Swiss Civil Code.**

**4. The government council shall regulate the details by ordinance.**

1. Upon receiving a report of endangerment, the Child and Adult Protection Authority at the municipality generally conducts preliminary assessments to determine the specific need for action.

2. Such preliminary assessments may also be conducted by other authorities and entities, namely teachers, school social workers, counseling centers, as well as care and clinical facilities. These entities are obliged to cooperate under federal law.

3. If the proceedings are not continued, the person concerned and all municipalities, authorities, and other entities involved in the preliminary assessments must be informed, unless overriding interests oppose this.

1. The Child and Adult Protection Authority is free regarding the form of fact-gathering. It may use the means of evidence that it deems necessary to ascertain the facts according to its duty-bound discretion (free assessment of evidence).

2. The municipalities conduct fact-gathering on behalf of the Child and Adult Protection Authority and bear the costs.

3. They may delegate this task to third parties. In doing so, they ensure data protection.

4. The Child and Adult Protection Authority may order the municipality to improve the investigative work. If necessary, and after prior warning, it may order substitute performance at the expense of the municipality.

5. The tasks of the municipalities in compiling public inventories according to Art. 405 para. 3 of the Swiss Civil Code follow the provisions for public inventories in inheritance law.

6. The Executive Council regulates the details by ordinance.

1. The Child and Adult Protection Authority shall give the municipality the prior opportunity to comment if a planned measure could significantly affect its interests, particularly of a financial nature. The municipality thereby does not become a party to the proceedings.

2. The municipality shall be granted access to the records to the extent necessary to exercise its right to be heard. Persons granted access to the records are subject to the duty of confidentiality.

3. In cases of urgency, the municipality shall be given the opportunity to comment afterward.

4. The Council of State shall regulate the details by ordinance.

**1. The concerned individual shall be heard by the Child and Adult Protection Authority or a single member of the Child and Adult Protection Authority, subject to Article 447 paragraph 2 of the Swiss Civil Code (ZGB).**

**2.** In cases of involuntary placement, the hearing of the concerned individual can be delegated to a single member of the Child and Adult Protection Authority when special reasons are present. Such reasons exist notably when a hearing by the full panel would not be in the best health interest of the concerned individual. Facilities may provide the Child and Adult Protection Authority with an appropriate indication in this regard.

**3.** The concerned individual must be informed in an appropriate manner of the decision-relevant outcomes of all factual investigations at the latest during the hearing in accordance with Article 447 of the Swiss Civil Code (ZGB).

**4.** If the Child and Adult Protection Authority establishes new decision-relevant facts after the hearing, it shall inform the concerned individual of these facts before the decision and provide an opportunity for them to issue a statement.

**5.** If an official or social report from a municipality is recorded orally, the concerned individual has the right to be present and to ask questions to the reporting person.

1. The Child and Adult Protection Authority shall invite the child for a hearing, inform the child about its rights in an age-appropriate manner, and listen to the child.

2. The child is usually heard by a single member of the Child and Adult Protection Authority.

3. If the Child and Adult Protection Authority waives the hearing against the wishes of the child, it shall notify the competent child of this decision.

1. The protocol may be signed by the parties, witnesses, and expert witnesses, but their signatures may also be omitted.

1. In adult protection proceedings, the court costs in the first instance are imposed on the affected person, unless special circumstances justify a different distribution or the waiver of the collection of court costs.

2. Special circumstances justifying the waiver of the collection of court costs exist notably if the imposition of a measure is dispensed with, or in the case of simple decisions and actions.

3. No court costs are imposed in

a) the first instance in connection with Art. 419 of the Civil Code, unless the proceedings were initiated frivolously or recklessly, or their conduct has been obstructed in a legally objectionable manner,

b) the first and second instance in proceedings for the issuance of outpatient measures, protective placements, and aftercare, as well as in proceedings concerning the sterilization of individuals under comprehensive guardianship and of permanently legally incapacitated individuals.

4. If special circumstances similar to paragraph 2 exist and the affected person incurs necessary costs, particularly for professional representation, they may be awarded compensation from the state treasury.

5. Furthermore, the provisions of the Civil Procedure Code regarding costs apply, particularly in appeal proceedings, for party compensation as well as for legal aid.

1. In child protection proceedings, court costs are generally not imposed at the first instance.

2. If a measure is not ordered and a party involved in the proceedings has incurred necessary expenses, especially for professional representation, they may be awarded compensation from the state treasury.

3. Furthermore, the provisions of the Code of Civil Procedure concerning costs are applicable, particularly regarding the allocation of costs, in appellate proceedings, for party compensation, and for legal aid.

1. If a hearing takes place, the decision is typically announced at the conclusion of the hearing with a brief oral justification.

2. The brief justification of the orally announced decision is recorded in the minutes.

3. The operative part of the decision can also be delivered to the parties subsequently. In this case, the period within which the parties may request a written justification begins from the delivery of the operative part.

1. Unless there are overriding interests to the contrary, the Child and Adult Protection Authority shall inform the municipality of the receipt of a risk report as well as the conclusion of a procedure, specifically regarding the issuing, modification, and revocation of measures in child and adult protection.

2. It shall inform further offices and authorities as per paragraph 1, insofar as it is necessary for the fulfillment of their statutory duties.

3. Unless there are overriding interests to the contrary, the Child and Adult Protection Authority shall, upon reasoned request, grant the cantonal police access to decisions, reports, and other documents of a procedure, insofar as it is necessary for the fulfillment of their responsibilities in the area of threat management in accordance with § 3 paragraph 1 letter m of the Act on Ensuring Public Security (Police Act, PolG) of December 6, 2005.

1. The Higher Court (Civil Court) adjudicates, subject to § 59, appeals against decisions of the Child and Adult Protection Authority.

1. The Child and Adult Protection Authority appoints professional guardians or suitable private individuals to manage guardianships.

2. It is responsible for the professional supervision, instruction, and support of the guardians.

1. The municipalities ensure that a sufficient number of suitable guardians are available. They propose suitable individuals to the Child and Adult Protection Authority upon its request.

2. If the municipalities fail to provide professional guardians, the Child and Adult Protection Authority appoints the necessary professionals at their expense.

3. The governing council regulates the professional qualifications required for guardians, their record keeping, as well as the filing and auditing of accounts by ordinance.

4. It regulates the compensation of guardians by ordinance. For adults, the compensation is paid from their assets. If the assets fall below a minimum threshold set by the governing council by ordinance, the municipality bears the compensation as well as the reimbursement of expenses and disbursements.

5. For child protection measures, the municipality advances the corresponding costs. It can reclaim these from the parents within the scope of their maintenance obligations.

1. In facilities with medical management, the on-duty senior physicians are considered the medical management (Art. 427 para. 1 of the Swiss Civil Code).

2. In facilities without medical management, a voluntarily admitted person can only be prevented from leaving the facility by means of a placement decision.

1. The decision regarding the custodial placement ordered as a provisional measure by the competent member of the Child and Adult Protection Authority must be made by the authority in its regular formation no later than 96 hours after the deprivation of liberty.

1. All physicians authorized to practice in the canton, the senior physicians, and the home physicians of the referring institution can order the protective detention of an adult person for a period not exceeding six weeks (Art. 429 Swiss Civil Code).

2. The same applies to the protective detention of a minor for the treatment of a mental disorder (Art. 314b Swiss Civil Code).

3. The competent department organizes a special on-call service from the pool of physicians authorized under paragraph 1 for the ordering of protective detentions. For this purpose, it may conclude service contracts.

1. A copy of the medical placement decision must be provided to the affected person, the facility, the Child and Adult Protection Authority, and if applicable, a person close to the affected person and the guardian or custodian.

2. In the case of a medically necessary extension of the placement, the facility must submit the corresponding application along with the records to the Child and Adult Protection Authority at least 10 working days before the expiration of the six-week period according to § 46.

3. If during the six-week period according to § 46, a medical admission or a refusal of release by the facility is materially reviewed and confirmed in a judicial procedure, a placement decision by the Child and Adult Protection Authority pursuant to Art. 429 para. 2 of the Swiss Civil Code (ZGB) is unnecessary.

4. If there is a judicial ruling according to paragraph 3, the facility is responsible for the discharge of the affected person until the expiration of six weeks from the medical placement decision, and thereafter the Child and Adult Protection Authority. The affected person will be informed in writing by the judicial ruling about which authority is responsible for handling a discharge request within which period.

1. Any person admitted to an institution has the right to involve a confidant. They must be informed of this right in an appropriate manner immediately upon admission.

2. The Child and Adult Protection Authority decides on the institution's applications to reject or revoke a confidant as well as to restrict their functions if they jeopardize the interests of the admitted person.

1. A copy of the decision regarding detention by the institution, rejection of a release request by the institution, treatment of a mental disorder without consent, as well as measures to restrict freedom of movement, shall be provided to the trusted person and, if applicable, to a person close to the affected individual.

1. Authority to Order Movement-Restricting Measures According to Article 438 of the Swiss Civil Code lies with the on-duty senior medical officers and attending physicians in facilities with medical management.

2. In facilities without medical management, movement-restricting measures must be ordered primarily by senior personnel from the nursing sector. The facilities shall specify in a regulation the roles of the senior personnel responsible for ordering such measures. The attending physician must be mandatorily involved in the ordering of movement-restricting measures.

1. Upon transfer to another facility, a new commitment order must be issued.

2. When medical responsibility is involved, the senior medical officers and the medical officers of the referring institution are also authorized to order the transfer.

3. The total duration of medical admission must not exceed six weeks.

4. If the child and adult protection authority is responsible and the accommodation takes place in a forensic department, its medical management is authorized to order a provisional transfer to another suitable facility if there is imminent danger. The child and adult protection authority shall make a regular decision on the transfer no later than within 96 hours from the provisional order.

1. If the facility is not responsible for the discharge itself, it shall promptly notify the Child and Adult Protection Authority as soon as the conditions for placement are no longer met.

2. Discharge requests from the affected person or someone close to them are to be directed to the facility. If the facility is not responsible, it shall forward the request with a reasoned application without delay to the Child and Adult Protection Authority.

3. If the facility is responsible for the discharge, it shall personally hear the affected person before reaching a decision. The written discharge decision must include instructions on legal remedies.

4. The body responsible for the discharge must inform the guardian or custodian in due time about the impending discharge.

1. In the event of a risk of relapse, aftercare must be provided upon discharge. Within the framework of aftercare, those measures that appear suitable for avoiding a relapse are permissible, namely

a) the obligation to regularly seek professional advice or accompaniment or to undergo therapy,

b) the directive to take certain medications,

c) the directive to abstain from alcoholic beverages or other addictive substances and to provide evidence of this through appropriate examinations if necessary.

2. If the person concerned agrees to the aftercare, the facility shall conclude a written agreement with them regarding the implementation of the aftercare during the discharge interview. If this agreement is appropriate, it will be approved in the discharge decision.

3. If the consent of the person concerned is missing or if the aftercare agreement pursuant to paragraph 2 is not appropriate, the authority responsible for the discharge shall decide on the aftercare.

1. If the institution is responsible for the discharge, the senior physicians on duty in institutions with medical management determine the follow-up care.

2. The follow-up care is to be limited to a maximum of six months. It ceases at the latest upon the expiration of the determined period in the absence of an order from the Child and Adult Protection Authority.

3. The institution provides the Child and Adult Protection Authority, as well as the guardian if applicable, with a copy of the discharge decision, including the planned follow-up care.

4. In institutions without medical management, the follow-up care is governed by § 55.

5. The Child and Adult Protection Authority is responsible for an early termination or modification of the follow-up care.

6. If an institution with medical management considers follow-up care within its own institution appropriate, the Child and Adult Protection Authority makes a decision based on a written application from the institution.

1. If the Child and Adult Protection Authority is responsible for the discharge, it decides on the order of aftercare based on the medical assessment. It communicates its decision, where applicable, to the guardian.

2. The aftercare is to be limited to a maximum of twelve months. It ceases at the latest upon the expiration of the specified duration, unless there is a new order from the Child and Adult Protection Authority.

3. The institution submits its substantiated application regarding the discharge and aftercare to the Child and Adult Protection Authority.

4. The Child and Adult Protection Authority is responsible for the early termination or modification of the aftercare.

1. To avoid placement in an institution, the Child and Adult Protection Authority may order outpatient measures against the will of an affected person who suffers from a mental disorder, intellectual disability, or severe neglect if the necessary treatment or care cannot otherwise be provided. Section 53, paragraph 1, applies accordingly. They shall notify the guardian or custodian of their decision as appropriate.

2. Outpatient measures shall be limited to a maximum duration of twelve months. They shall lapse at the latest upon expiration of the specified period unless a new order is issued by the Child and Adult Protection Authority.

3. The Child and Adult Protection Authority is responsible for the premature termination or modification of the outpatient measure.

1. The entity entrusted with the implementation of the measures ordered in each individual case must report to the Child and Adult Protection Authority as soon as the affected person does not comply with the orders, or if the follow-up care or the outpatient measures do not achieve the desired effect.

1. The child and adult protection authority is responsible for the execution procedures of the ordered aftercare and outpatient measures.

2. Police escort is permissible if it appears to be proportionate. Otherwise, the use of physical force is inadmissible.

1. The Superior Court (Administrative Court) decides as a collegiate court on appeals against

a) a welfare placement of an adult,

b) a welfare placement of a minor for the treatment of a mental disorder,

c) a retention,

d) a rejection of a release request,

e) a treatment of a mental disorder without consent,

f) a measure to restrict freedom of movement within the framework of welfare placement,

g) a decision of the Child and Adult Protection Authority regarding the refusal or withdrawal of a trusted person as well as the restriction of their functions,

h) an evaluation in an institution according to Art. 449 of the Swiss Civil Code (ZGB),

i) an ordered aftercare or outpatient measure,

j) the enforcement of these measures.

2. In all cases, Art. 450e para. 2 of the Swiss Civil Code (ZGB) applies accordingly.

3. An official legal representation must be appointed for the affected person if they are unable to adequately safeguard their interests, or if other circumstances require it. The compensation for the legal representation is determined according to the applicable tariff and may be reclaimed from the liable affected person.

4. The written notification of the decision may be limited to the delivery of the dispositive with the note that the decision becomes final if no party requests a written reasoned version within 30 days. If the parties waive a complete version, a brief reasoning must be included in the records.

1. The costs of compulsory care, inpatient or outpatient treatment, as well as aftercare, shall be borne by the affected person.

2. Alternatively, the costs shall be covered by the municipality of residence of the affected person in accordance with the legislation on public social assistance and social prevention.

1. The Child and Adult Protection Authority ensures efficient and effective collaboration between itself, the municipalities, the individuals entrusted with the assessments, as well as the guardians and trustees.

2. The government council regulates the details by ordinance.

1. In residential or care facilities, measures to restrict the freedom of movement of legally incapacitated adults must primarily be ordered by senior personnel from the medical or nursing field (Art. 383-385 Swiss Civil Code).

2. The facilities shall specify in regulations the roles of the senior personnel responsible for issuing such orders.

1. Culpable breaches of duty by juveniles, who have been civilly committed to a residential facility, may be sanctioned with up to seven days of detention or other disciplinary penalties or measures as stipulated by regulation.

2. As a precautionary measure, particularly in cases of risk of collusion, placement in a confinement room for a maximum of 24 hours may be ordered prior to issuing the disciplinary decision.

3. Detention and precautionary measures may only be ordered by the management of the residential facility or their deputy. The imposition of other disciplinary penalties or measures may be delegated to other staff members.

1. If the canton has paid compensation or satisfaction in accordance with Art. 454 of the Swiss Civil Code (ZGB), it may take recourse against the members and employees of the Child and Adult Protection Authority, as well as the private individuals appointed as guardians by the Child and Adult Protection Authority, if they have caused the damage intentionally or through gross negligence.

2. In the case of unlawful acts by a person or another entity employed or commissioned by a municipality or municipal association, the canton may also take recourse against the affected municipality even if the person or other entity is not at fault. The recourse of the affected municipality against the person or other entity is governed by cantonal liability law.

3. Subject to § 17 of the Liability Act (HG) of March 24, 2009, recourse claims must be asserted before the Higher Court (Administrative Court).

1. The supervisory authority represents the Canton of Aargau in inter-cantonal jurisdictional conflicts in matters of child and adult protection law.

1. If the testatrix or testator leaves no heirs, the estate shall devolve two-thirds to the canton and one-third to the municipality in which the deceased person had domicile or residence at the time of death, or was declared missing.

1. The President of the District Court of the place of residence of the affected person shall preserve the original last wills, inheritance contracts (Art. 504, 505, 507, and 512 of the Swiss Civil Code), as well as marital agreements and property contracts in registered partnerships (Art. 182 of the Swiss Civil Code, Art. 25 of the PartG).

2. Oral dispositions permissible under the Civil Code may be deposited or officially recorded at any District Court Presidency in the canton (Art. 506 and 507 of the Swiss Civil Code).

3. The President of the District Court is responsible for all measures concerning the succession, subject to the following provisions.

4. The provisions of the summary procedure according to Articles 248 et seq. of the Swiss Code of Civil Procedure apply.

1. The Child and Adult Protection Authority is responsible for

a) administering the security to be provided upon the inheritance of a missing person (Articles 546, 548 paragraphs 2 and 3 of the Swiss Civil Code),

b) managing the inheritance share accruing to a missing person (Article 548 paragraph 1 of the Swiss Civil Code),

c) deciding on the amount, type, duration, and return of the provided security,

d) the application for conducting a declaration of disappearance if the legal requirements are met (Article 550 of the Swiss Civil Code).

1. The Municipal Council at the Deceased's Place of Residence

a) reports inheritance cases to the District Court President in which measures must be taken ex officio (Art. 553 para. 1 and 2, Art. 554 para. 1-3, Art. 555 and 592 of the Swiss Civil Code),

b) conducts the probate inventory upon the order of the District Court President (Art. 490, 552, 553, 581, and 595 of the Swiss Civil Code).

1. The Government Council shall regulate by decree the ordering of the sealing (Art. 552 CC) and the procedure for the preparation and opening of inventories (Art. 553 CC).

1. Public goods that serve the use of everyone are either the property of the canton or the municipality.

2. Land that is ownerless and not capable of cultivation is, unless proven otherwise, the property of the canton (Art. 664 Swiss Civil Code).

1. If a property recorded in the land register, which is listed in the register of contaminated sites, is declared ownerless according to the land register, it becomes the property of the canton.

1. Green hedges adjacent to plots in the construction zone must maintain a boundary distance of 0.6 meters from the center of the stem and must not exceed a height of 1.8 meters. If the boundary distance exceeds 1.8 meters from the center of the stem, a height up to the extent of the boundary distance is permissible. Green hedges must be maintained in such a manner that they do not grow beyond the boundary.

2. Green hedges adjacent to plots in the agricultural zone must maintain a boundary distance of 0.6 meters from the edge of the hedge.

1. The following boundary distances shall be measured from the center of the trunk

a) 1 m for plants with a height of more than 1.8 m up to 3 m,

b) 2 m for plants with a height of more than 3 m up to 7 m,

c) half the plant's height for plants with a height of more than 7 m up to 12 m,

d) 6 m for nut, chestnut, and other trees with a height of more than 12 m.

2. As an exception to paragraph 1, a boundary distance of

a) 0.5 m applies to vines with a height of over 1.8 m,

b) 3 m applies to fruit trees with a height of over 7 m.

3. Opposite forest land, the boundary distance for all plants is 0.5 m.

4. Opposite vineyard land, the boundary distances mentioned in paragraph 1 shall increase by 2 m for all plants.

5. In addition to paragraphs 1 and 2, all plants must be trimmed back to a distance of 0.6 m from the boundary adjacent to properties in the agricultural zone, as far as it is necessary for agricultural operations.

1. Adjacent to properties within the agricultural zone, hedges and field trees must maintain a boundary distance of 3 meters from the edge of the hedge or tree line.

1. The trimming of plants to the permissible dimensions can be requested at any time. When enforcing this, the vegetation periods should be taken into account whenever possible.

1. The property owner is entitled, after prior notice, to enter or temporarily use neighboring properties if this is necessary to create, maintain, or remove plantings, buildings, or installations on their own property.

2. The property owner is liable to compensate for any resulting damage.

1. The competent department issues the reserved prohibitions concerning forest and pasture in the interest of cultures (Art. 699 of the Swiss Civil Code).

2. An appeal against a prohibition can be filed at any time.

1. The municipality of the location where the item is found is responsible for the announcement, safekeeping, and auction of found items (Art. 720 and 721 of the Civil Code).

1. The Government Council designates the reporting office for animal findings by ordinance (Art. 720a CC).

1. The competent department may, with the consent of the government council, exceptionally sell ownerless natural objects and antiquities of scientific value that are the property of the canton (Art. 724 CC).

2. The competent department issues certificates of legality for owners of items according to paragraph 1.

1. Existing access rights must be exercised with the utmost care to preserve the cultivation of the encumbered property. The treading during plowing must not exceed 4 meters.

2. Access rights can be terminated under all circumstances in exchange for compensation.

1. Payments by the Pledgor through Deposit (Art. 851 para. 2 of the Swiss Civil Code) are to be made to the Aargau Cantonal Bank.

1. The government council grants authorization to financial institutions and cooperatives that are entitled to take livestock as collateral (Art. 885 para. 1 Swiss Civil Code).

2. The debt collection officer prepares the protocols for livestock pledging (Art. 885 para. 3 Swiss Civil Code).

1. The government council grants the license to operate a pawnshop business if the operator guarantees proper business management.

2. It regulates the requirements for proper business management by means of an ordinance.

1. The government council regulates the organization and the technical details of land registry management by ordinance.

2. The land registry may be maintained using information technology.

1. The head of a land registry office must possess

a) a cantonal or inter-cantonal certification as a notary public,

b) an inter-cantonal certification as a land registrar, or

c) a Master’s degree in law or a legal licentiate from a Swiss university, or a Master’s degree from a Swiss university of applied sciences with a focus in notarial studies.

2. Anyone who fulfills the requirement according to paragraph 1 letter c must additionally demonstrate sufficient practical experience. This experience must relate to the legal areas necessary for the professionally qualified management of the land registry.

1. The Government Council shall designate the appellate authority (Art. 956a and 956b of the Civil Code) and the competent authority for administrative supervision of the management of land registry offices (Art. 956 of the Civil Code) by regulation.

1. Properties not held in private ownership and that serve public use are to be recorded in the land register (Art. 944 Swiss Civil Code).

1. The Government Council may introduce the public rectification procedure (Art. 976c of the Swiss Civil Code) and regulate the procedure by ordinance. In doing so, it may provide additional facilitation and deviations from federal law in accordance with Art. 976c para. 3 of the Swiss Civil Code.

1. The President of the District Court orders, upon request, in the case of a defect complaint in livestock trade, the examination of the animal by an expert (Art. 202 CO).

1. The Debt Enforcement Office assists in the sale of delivered goods that are perishable in nature (Art. 204 para. 3 Swiss Code of Obligations).

1. Notarial Persons Pursuant to the Notarization and Authentication Act (BeurG) of August 30, 2011, Record Voluntary Public Auctions of Real Estate (Art. 229 Para. 2 CO).

2. The Legal Grounds for Exclusion of the Notarial Person as per BeurG Only Relate to the Relationship with the Disposing Party.

3. The Appointment of the Management (Art. 229 Para. 3 CO) is at the Discretion of the Disposing Party.

1. The municipal council may demand the execution of a condition that is in the public interest of the municipality (Art. 246 para. 2 of the Swiss Code of Obligations). Otherwise, the cantonal government is responsible.

1. The Government Council issues standard employment contracts, subject to federal council decree (Art. 359 para. 2 and Art. 359a para. 1 CO).

2. The Government Council supervises the implementation of the provisions regarding apprenticeship contracts (Art. 344-346a CO).

1. The government council determines by ordinance the authorities necessary for the enforcement of supervision over professional marriage or partnership mediation of persons from or to foreign countries (Art. 406c para. 1 CO).

1. The Debt Enforcement Office assists in the sale of the consigned goods that quickly become perishable (Art. 427 CO).

1. The President of the District Court grants the authorization for the auction of the consignment goods (Art. 435 CO).

1. The debt collection office assists with the sale of the freight (Art. 444 para. 2 CO).

1. The debt collection office establishes the situation concerning freight goods that are liable to quick perishability or do not cover the associated costs (Art. 445 CO).

1. The District Court President may order the deposit of the goods with a third party or their sale (Art. 453 Swiss Code of Obligations).

1. The Government Council grants the authorization to public warehouses for the issuance of warehouse receipts (Art. 482 CO).

1. The Government Council is responsible for the approval of the house rules of endowed institutions (Art. 524 Swiss Code of Obligations).

1. The Commercial Registry Office of the Canton of Aargau maintains the Commercial Register (Art. 928 CO).

2. ...

1. The officials according to the Notarization Act are competent for certifying a bill of exchange protest (Art. 1035 CO).

1. The Commercial Register Office preserves

a) the marital property registers closed as of December 31, 1987, in accordance with Article 10e of the Final Title of the Swiss Civil Code (ZGB) and the directories pursuant to Articles 9e paragraph 1 and 10b paragraph 1 of the Final Title of the Swiss Civil Code (ZGB),

b) declarations pursuant to Article 20 paragraph 1 of the Federal Act of June 25, 1891, concerning the civil law relations of residents and sojourners, version as per Section II/1 of the Federal Act of October 5, 1984[17].

1. For plants that were planted before the entry into force of this Act and violate the new law, the legal provisions that were in effect at the time of planting shall apply.

1. The existing pledge and purchase claim titles shall remain in effect without requiring reissuance.

2. Insofar as the new law applies to them, they are subject to the provisions regarding the land charge (Article 33 Final Title Swiss Civil Code).

3. Their subsequent replacement by titles under the new law is reserved.

1. From January 1, 1912, until the introduction of the land register, the granting, transfer, alteration, or deletion of real rights in real estate shall no longer be done by execution but by registration in an interim register, which is maintained by the competent land registry office for each municipality.

2. The registration is carried out in accordance with the provisions of the Civil Code with immediate effect on the land register, but without effect on the land register in favor of bona fide third parties (Art. 48 of the Final Title of the Civil Code).

1. Prior to the establishment of the land register, the existing production protocols must be rectified. In this process, ex officio, those rights contained in the last valid title or encumbrance production are transferred to the land register and the interim register, provided they have not been eliminated as a result of the rectification.

2. If the last production still contains the carry-over of ongoing claims, which were made based on Sections 519 and 520 of the Aargau Civil Code as applicable until July 1, 1887, these claims will no longer be transferred ex officio.

1. The canton is responsible to the parties involved, subject to paragraph 2, for the damage arising from inaccuracies in the rectification of previous production records.

2. It is not responsible for the damage caused by the failure to register rights during the public summons, whose continuation is contingent upon registration in the land register.

1. The previous execution authorities are responsible to the canton for ensuring that their communications to the land registry office correspond with the execution protocol.

2. Should the execution protocol itself be incorrect, the previous law is applicable with regard to its relation to the involved parties.

1. The canton is liable to the parties for the damage incurred by them from the management of the interim registers.

2. The head of the land registry office is responsible to the canton for managing the interim registers, carrying out the rectification, and setting up the land register. Their liability is the same as for managing the land register (Art. 955 para. 2 Swiss Civil Code).

3. The right of recourse for damage cases is governed by §§ 12-17 of the Liability Act.

1. The detailed provisions regarding the management of interim registers, the procedure to be followed during the consolidation process, the establishment of the land register, and the effective date of its implementation are issued by the Grand Council through a decree.

1. The government council determines the date of entry into force.