Ordinance on the Introductory Act to the Swiss Civil Code - Name Change (§ 5 para. 1 of the Introductory Act to the Swiss Civil Code [EG ZGB] of June 27, 2017[[1]](#articletitle_text_fn_1976249_2_1_c))
Table of Provisions (37)
Statutory Text (37 Articles)
1. The Department of Economic Affairs and Internal Affairs (DEAI) decides on applications for name changes.
3. The monitored individual shall bear the additional costs incurred for the execution of electronic monitoring concerning the landline connection or mobile reception themselves.
1. Supervisory Authority in Civil Status Matters is the DVI (Art. 84 Para. 2 of the Civil Status Ordinance [ZStV] of April 28, 2004).
2. The DVI can issue binding instructions for the civil status offices, insofar as federal law and cantonal law do not provide a definitive regulation.
1. The municipal council at the location of the civil registry office designates at least one official room that is available free of charge for the conducting of marriages and ceremonial conversions of registered partnerships into marriages.
2. Under the municipal contract pursuant to § 8 para. 2 of the Introductory Act to the Swiss Civil Code, it may be stipulated that the contracting municipalities are allowed to designate other venues for the conducting of marriages and ceremonial conversions of registered partnerships into marriages.
3. Agreements must be concluded for the use of these other venues and submitted to the Department of Internal Affairs for approval.
4. In the absence of different provisions in the municipal contract, the municipal council is responsible for designating other venues within its municipality for conducting marriages and ceremonial conversions of registered partnerships into marriages, as well as for concluding agreements for their use.
1. The municipal council at the location of the civil registry office shall, in the absence of a provision in the municipal contract, determine the times for conducting marriages and ceremonial conversions of registered partnerships into marriages for all office premises and other venues.
1. The municipal council at the location of the respective civil registry office informs the DVI about the personnel of the civil registry office before employment, providing details of the personal information, education, function, and workload.
1. The canton charges the civil registry offices the costs of the training and further education of the civil registry office personnel in proportion to the number of participants.
1. Individuals required to report under Art. 34a para. 1 subpara. b ZStV may report the death through an official office of the deceased person's municipality of residence.
2. The municipal council designates the office responsible for receiving and forwarding death notifications. It communicates to the competent civil registry office the designated office and the responsible individuals.
3. The designated office promptly submits the original report signed by the reporting individual to the competent civil registry office, enclosing the medical death certificate and any additional submitted documents.
1. The civil registry office enters foreign individuals into the civil status register prior to the naturalization process.
1. Individuals with municipal and local citizenship are to be distinctly marked in the civil status register.
2. In municipalities without a local community, the marking is omitted.
1. Records of transactions must be filed according to transaction numbers (Art. 31 ZStV).
1. In the case of foundlings, the municipal mayor is responsible for receiving the notification, naming the child, and reporting to the civil registry office (Art. 38 ZStV).
1. Court judgments, as well as acknowledgments of paternity made before the court and testamentary acknowledgments of paternity (Art. 40 and Art. 42 para. 1 lit. b and c Civil Status Ordinance), must be communicated with a note of legal force to the civil registry office within whose district the court of first instance is located.
2. The municipal council must communicate resolutions concerning the acquisition and loss of municipal and cantonal citizenship as well as local citizenship to the civil registry office of its civil status district with a note of legal force.
1. Municipalities may publish births, deaths, marriages, conversions of registered partnerships into marriages, and registrations of partnerships of their residents with the written consent of the individuals concerned or their survivors.
1. The DVI is the competent authority.
2. Investigations related to adoption care, adoption, and the search for biological relatives must be carried out by experts in social work or psychology with professional experience in child protection or adoption matters.
1. The Department of Education, Culture and Sports (BKS) is responsible for the areas pursuant to § 18 paragraph 1 of the Cantonal Implementation Act to the Swiss Civil Code (EG ZGB).
2. It is responsible for the assessment of appeals against decisions of the municipal council based on § 18 paragraph 2 letter a EG ZGB.
3. The Department of Health and Social Affairs (DGS) is responsible for the assessment of appeals against decisions of the municipal council based on § 18 paragraph 2 letters b and c EG ZGB.
1. The DVI is the central authority as well as the enforcement authority.
1. The Department of Construction, Transport and Environment (BVU) issues prohibitions concerning the forest.
2. The Department of Finance and Resources (DFR) issues prohibitions concerning pastures.
1. The Aargau Building Insurance issues the official confirmation that the premises designated as special property within the condominium ownership are self-contained units with their own access (Art. 68 para. 2 and Art. 69 para. 3 of the Federal Land Register Ordinance of September 23, 2011).
1. Condominium-like Real Property Relationships established in the form of the Swiss Civil Code of December 10, 1907, which came into effect on January 1, 1912, shall remain unchanged in accordance with these provisions. The parties involved may also subject the condominium ownership to the forms of the law applicable as of January 1, 1965 (Art. 20ter of the Final Title of the Civil Code).
1. The Department BVU is responsible for natural bodies.
2. The Department BKS is responsible for antiquities.
1. A person who wishes to engage in the pawn brokerage business must meet the following requirements
a) they must not have been convicted of property-related offenses in the five years preceding the submission of the application,
b) there must be no outstanding debt certificates against them.
2. Commercial companies and other legal entities registered in the commercial register will be granted the approval if all members of the executive management or the executive bodies, or the managing partners, meet the requirements according to paragraph 1.
1. The person who intends to operate a pawnshop business must provide evidence that
a) the pledged items are insured at market value against theft, natural disasters, and vandalism,
b) they possess a sufficient business liability insurance for the type and scope of the business for the duration of the permit, which also includes the careful storage of the pledged items,
c) their business is registered in the commercial register.
1. The Office for Economic Affairs and Labor (AWA) typically issues the permit for a limited duration of five years. It can be reissued at the earliest one year before the expiration of the term.
1. In addition to the usual business books, the pawnbroker shall maintain a pawn lending book that contains at least the following entries for each pawn contract
a) Date of the written pawn contract,
b) Name and address of the pledging person,
c) Loan amount,
d) Maturity of the loan,
e) Interest rate,
f) Information on special storage costs,
g) Description of the pledged item for identification purposes,
h) Number of the pawn ticket,
i) Exact location of storage.
1. The loan may not be demanded for repayment earlier than three months after it has been disbursed.
1. The annual interest rate payable for the granting of the loan may not exceed 12%. Special costs for storage may be charged separately; they must be detailed and specified in amount in the pledge loan agreement.
1. The enforcement office at the location of the pawnshop executes the official sale.
2. The prior public notice is published in the official gazette; the pledging party must be informed in advance.
1. The AWA exercises oversight over the pawn industry. It may engage third parties to fulfill its duties.
2. The person conducting the pawn industry is obliged to provide the AWA, upon request, with information concerning the licensable activities, allow inspection of books and other business documents, and grant access to business premises.
2. The competent debt enforcement office charges fees for conducting the official sale in accordance with the Ordinance on Fees regarding the Federal Act on Debt Collection and Bankruptcy (GebV SchKG) of September 23, 1996.
1. The Conciliation Authority for Rent and Tenancy at the location of the subject property serves as the deposit agency for the rent or lease payments in accordance with Articles 259g and 288 of the Federal Act on the Amendment of the Swiss Civil Code (Part Five: Code of Obligations) of March 30, 1911.
1. The DVI is responsible for the approval of forms for termination as well as for the notification of rent increases and other unilateral contract amendments.
1. The conciliation authorities provide the General Secretariat of Justice with the information required under Art. 23 para. 1 sentence 2 of the Federal Council Ordinance on the Rental and Lease of Residential and Commercial Premises (VMWG) of May 9, 1990.
2. The Presidents of the District Courts and the Higher Court provide the Judicial Directorate with two copies of their judgments concerning disputed rent and other demands from landlords.
3. The Judicial Directorate prepares a summary report on the activities of the conciliation authorities of the canton and forwards it, along with a copy of the judgments in accordance with paragraph 2, to the Federal Department of Economic Affairs.
1. The DVI publishes in the Official Gazette, following each general renewal election, the composition of all conciliation authorities of the canton, as well as the dismissals and replacement elections occurring during a term of office.
1. The Office for Migration and Integration of the Canton of Aargau (MIKA) is responsible for the issuance, renewal, revocation, and cancellation of permits for professional marriage or partnership mediation to or from individuals abroad. It supervises the relevant agencies located within the canton.
2. It may initiate the police investigations necessary for the clarification of the facts.
3. It is responsible for the determination, receipt, subsequent adjustment, release, increase, and return of the security deposit.
1. Cantonal Depository according to Titles 24-33 of the Code of Obligations are the Aargau Cantonal Bank and those financial institutions which, upon their request, are authorized by the Governing Council to receive such deposits.
2. The financial institutions that receive this authorization shall be published in the Official Gazette.
1. This Regulation shall enter into force on January 1, 2018, subject to approval by the Federal Government.