1 President of the Municipal Council (EGZGB)

1. The president of the municipal council or the office designated by the municipality is the competent authority in the following cases as provided for by the Civil Code

a. Art. 720 and 721 Para. 2 CC: Receipt of reports of found items and approval of the auction of found items.

1. The municipal council or the office designated by the municipality is the competent authority in the following cases provided for by the Civil Code and the Code of Obligations

a. Art. 84 CC: Supervision of foundations which, by their nature, belong to the municipality;

b. Art. 259 para. 2 no. 3, 260a CC: Contestation of paternity recognition;

c. Art. 261 para. 2 CC: Defendant party in a paternity lawsuit;

d. Art. 490 para. 1 CC: Ordering the inventory in the case of a substitution of heirs;

e. Arts. 504 and 505 CC: Safe-keeping of testamentary dispositions not kept by a notary;

f. Art. 550 CC: Initiating proceedings for a declaration of presumed death in the context of inheritance;

g. Arts. 551 to 555 CC: Ordering measures to secure the inheritance process subject to Articles 58, 59, and 60 of this law;

h. Arts. 517, 556 to 559 CC: Opening testamentary dispositions and ordering necessary measures;

i. Art. 246 para. 2 CO: Request for fulfillment of conditions imposed in the interest of the municipality upon a donee.

2. The municipality can delegate the supervision of foundations which, by their nature, belong to the municipality (Art. 84 CC) to the Bernese BVG and Foundation Supervision (BBSA).

3. In the cases of Art. 259 para. 2 no. 3, 260a, and 550 of the Civil Code, the competences reserved for the civil municipalities and civic corporations remain unaffected.

4. In the cases of Articles 557 to 559 of the Civil Code, the same competence of notaries registered in the Bern cantonal notary register for the opening of testamentary dispositions and the issuance of certificates of inheritance according to notarial legislation remains unaffected.

1. The Government Commissioner is the competent authority in the following cases provided for by the Civil Code and the Code of Obligations

a) Art. 330 CC: Determination of expenses to be reimbursed for the maintenance of a foundling;

b) Art. 518 CC: Supervision of executors of wills;

c) Arts. 570, 574, 575, and 576 CC: Acceptance of disclaimers of inheritance and ordering of the necessary measures;

d) Arts. 580 and 581 CC: Authorization and ordering of the public inventory;

e) Art. 588 CC: Acceptance of the heirs' declaration following the execution of the public inventory;

f) Arts. 593 and 595 CC: Authorization and ordering of the official liquidation;

g) Art. 602 para. 3 CC: Appointment of a representative for a community of heirs;

h) Art. 609 CC: Official participation in the division of an estate;

i) Art. 246 para. 2 CO: Request for the execution of conditions imposed on a recipient in the interest of the administrative district or multiple municipalities within the same.

1. The government council or the directorate designated by it is the competent authority in the following cases provided for by the Civil Code and the Code of Obligations

a. Art. 30 CC: Approval of name change;

b. Art. 78 CC: Initiation of a lawsuit for the dissolution of an association due to unlawful or immoral purposes;

c. Art. 268 CC: Declaration of adoption;

d. Art. 885 CC: Authorization of financial institutions or cooperatives to conclude livestock pledges;

e. Art. 907 CC: Authorization to operate the pawnshop business;

f. Art. 12b Final Title CC: Application of the new law to prior adoptions;

g. Art. 59 Final Title CC: Granting of marriage permission to foreigners;

h. Art. 246 para.2 CO: Request for the fulfillment of conditions imposed for the benefit of the canton or several administrative districts against recipients;

i. Art. 359 CO: Drafting of standard employment contracts;

k. Art. 482 CO: Authorization for the issuance of bills of lading;

l. Art. 515 CO: Approval of lotteries and betting games;

m. Arts. 522 and 524 CO: Recognition of institutions providing pre-fund support and approval of the admission requirements and house rules of such institutions.

1. The procedure for cases provided for in this law and the order of legal remedies shall be governed by the provisions of civil procedure law and administrative justice, insofar as this law does not contain specific regulations.

2. The Superior Court shall serve as the final cantonal instance in appeal proceedings concerning matters under Article 72, paragraph 2, letter b of the Federal Act of 17 June 2005 on the Federal Supreme Court (Federal Supreme Court Act, FSCA), to the extent that the law does not assign them to another authority.

2a. The procedure before the Superior Court is governed by the Act of 23 May 1989 on Administrative Justice (AJL), if the lower instance is an administrative or administrative justice authority.

3. The procedure before administrative and administrative justice authorities acting as preliminary instances of the Superior Court is governed by the provisions of the AJL. An appeal to the Superior Court must be filed within 30 days. Deviating provisions of this law and special legislation remain reserved.

4. ...

1. The public notarization as well as the notarization of public wills are conducted by the notaries registered in the Notary Register of the Canton of Bern.

2. The jurisdiction and official duties of the notaries registered in the Notary Register of the Canton of Bern, as well as the forms of notarial deeds, are governed by the provisions of special legislation.

3. The special form requirements of the Civil Code and their significance for the validity of certain legal transactions are reserved.

1. The publications prescribed by federal civil law and the cantonal implementing provisions, as well as the official communications from authorities, shall be made in the official publication organs of the municipalities.

1. In the cases of Articles 36, 555, 558, 582, 662 of the Swiss Civil Code (ZGB), Article 43 of the Final Title of the Swiss Civil Code, Article 359a of the Swiss Code of Obligations (OR), and Article 68, publication must also always be made in the cantonal official gazette.

1. In the cases of Articles 36, 555, 558, 582, 662, Article 43 of the Final Title of the Civil Code, and Article 68 of the Introductory Act, the announcement must be made three times consecutively.

1. The publication prescribed by the Civil Code and the Code of Obligations in the Swiss Official Gazette of Commerce is reserved.

2. Likewise, the authority of the competent authority to issue further appropriate publications is reserved.

1. The public registers shall be kept in the language of the administrative district.

2. For the administrative district of Biel/Bienne, the details shall be regulated by the government council by ordinance.

1. The civil status service is the responsibility of the canton.

2. The civil status offices are subordinate to the competent office of the Security Directorate.

3. The supervisory authority in civil status matters is the Security Directorate.

4. Decisions on appeals made by the Security Directorate can be challenged in the High Court within 30 days.

1. Civil status officers are public law employees of the canton.

2. The government council may issue regulations by ordinance that deviate from or supplement the public service law.

Civil Status Offices transmit the changes in the central database according to Article 45a of the Swiss Civil Code of December 10, 1907 (ZGB) to the municipalities responsible for maintaining the residents' register. The notification can be made electronically.

1. The Government Council enacts the necessary provisions for the implementation of federal law and cantonal law.

2. It regulates by ordinance, in particular

a) the definition of civil status districts,

b) the location of civil registry offices,

c) the equipment of civil registry offices and wedding venues,

d) the maintenance of family registers,

e) the representation of civil registrar officials,

f) the supervision,

g) the inspection system,

h) the conduct of official duties,

i) the official languages and translation services,

k) the public information,

l) the reporting system.

1. Commons, forest and path associations, rights communities, alpine associations, water associations, land associations, livestock insurance funds (Livestock Insurance Act of February 5, 1974), and similar entities subject to cantonal law receive legal personality without registration in the commercial register through the state's approval of their statutes and regulations.

2. The competence for approval and the legal recourse are determined by the provisions of the Municipal Act.

3. Such corporations that already exist are recognized as legal persons but should submit their statutes and regulations to the competent administrative unit for approval. The administrative unit can set a deadline for this submission under penalty of law.

1. In the case of foundations as specified in Articles 80 et seq. of the Swiss Civil Code, the affected parties may file a complaint with the Directorate of the Interior and Justice against decisions of the supervisory authorities.

2. Against decisions of the Conversion and Amendment Authority, the affected parties may

a) file a complaint with the Directorate of the Interior and Justice, if the BBSA has issued the decision, and

b) file an objection, if the Directorate of the Interior and Justice has issued the decision.

3. The decision on the complaint or the new decision can be appealed to the High Court within 30 days.

1. The canton shall ensure that spouses and individuals living in a marriage-like relationship have access to marriage or family counseling services (partnership counseling centers) in the event of partnership difficulties.

2. It may either establish its own counseling centers or encourage municipal, church, or private organizations, through contracts and financial support, to undertake this cantonal responsibility.

3. Counseling centers in accordance with paragraph 2 are considered social service offerings under the law of March 9, 2021, on social service offerings (SLG)[[5]]. The expenditures of the canton for the counseling centers are subject to the cost sharing pursuant to the law of June 11, 2001, on public social assistance (Social Assistance Act, SHG)[[6]].

The Commercial Registry Office is responsible for receiving declarations of subordination in accordance with Art. 52 ff of the Swiss Private International Law Act (IPRG).

The Commercial Registry Office is tasked with the preservation of the property law register closed as of December 31, 1987.

The right to inspect the property law register remains preserved.

1. Appeals against orders and decisions of the Directorate of Internal Affairs and Justice concerning adoption matters may be filed with the Child and Adult Protection Court within 30 days.

2. The procedure is governed by the Child and Adult Protection Act dated February 1, 2012 (KESG)[7].

3. ...

The determination of the share in the net profit of a revenue-sharing community pursuant to Article 347 of the Civil Code (ZGB) is conducted for real estate by the permanent commissions mentioned in Article 113, number 1 of the Implementing Act (EG).

An entitled entity to inheritance is the state. One half of the estate is allocated to the deceased's last municipality of residence.

In the event of a death, the authority responsible for sealing shall record a sealing protocol.

It may apply official seals if the assets need to be protected against unlawful alteration or concealment, or if a person who is likely to be entitled to inherit requests the sealing.

Valuables, securities, documents, and other assets shall be taken into preliminary custody insofar as possible.

The heirs of the deceased, and if these are not known or not present, his family and household members and the persons who attended to him, are obliged to immediately report the death to the president of the municipal council or the authority designated for this purpose by the municipality.

The official shall seal the estate without delay in the usual manner. The same official is also responsible for unsealing it.

The government council shall regulate the sealing procedure by ordinance.

1. The taking of an inventory is ordered

1. when an heir is to be placed under guardianship or is under guardianship;

2. when an heir is permanently absent without representation;

3. when one of the heirs requests it;

4. when the father or mother has passed away and there are minor children present.

1. The estate inventory shall be conducted by a notary or notary public registered in the notary register of the Canton of Bern and shall include the most accurate possible list of the estate assets with valuation and the obligations encumbering the estate.

2. The Council of State shall regulate the procedure for the estate inventory by ordinance.

1. Testamentary dispositions remain in the custody of the probate authority after they have been opened.

2. If the estate is liquidated by a notary registered in the Geneva Notarial Register or a notary registered in the Geneva Notarial Register, the disposition remains in the custody of the notary.

The request for the order of a public inventory must be submitted to the government representative of the administrative district where the deceased had their last residence.

1. The government commissioner appoints, based on the non-binding proposal of the heirs, an estate administrator to carry out the inventory, who holds the rights and duties of a legal guardian.

2. He supervises the conduct of the inventory and decides on objections made by the heirs.

1. The estate administrator must have the inheritance handed over by the official who applied the seals and, with the assistance of a notary appointed by the government official based on the non-binding proposal of the heirs, draw up the inventory in accordance with legal regulations within 60 days.

2. The government council shall regulate the procedure of the public inventory by ordinance.

The Estate Administrator is responsible for managing the inheritance until the heirs submit their declaration (Art. 588 of the Swiss Civil Code).

Movable items that can be easily stolen, cash, and securities must be safely stored after being recorded.

Movable items that incur storage costs or damage may be publicly auctioned by the Estate Administrator or sold at their discretion with authorization from the governmental executor.

Real estate can be sold with the consent of all heirs.

Lawsuits may only be initiated with the approval of the governmental executor.

1. The estate administrator must take measures to ensure that the deceased's business is continued in a manner that is not detrimental to the creditors, if an interruption of business operations could disadvantage the inheritance.

2. The continuation of the business by an heir requires the approval of the district governor, who may also, upon request from the co-heirs, order security (Art. 585 Swiss Civil Code).

1. The Call for Claims (Art. 582 of the Civil Code) must be publicly announced at the domicile of the deceased and, where deemed necessary by the administrator of the estate, also published in those newspapers most likely to reach the creditors.

2. Creditors' claims must be submitted in writing to the office of the government prefect within the deadline set by the administrator of the estate.

3. Any claimant is entitled, upon request and at the expense of the estate, to receive a certificate confirming the submission of their claim.

Regarding Requests for Extension of Time in the Sense of Article 587 Paragraph 2 of the Swiss Civil Code, the Decision is Made by the Government Commissioner.

The provisions regarding the public inventory (Art. 63 to 70 EG) shall apply mutatis mutandis to the public notice for claiming debts when an inheritance devolves to the public community (Art. 592 ZGB).

1. The costs of the inheritance inventory are considered debts of the inheritance. If the inheritance is insufficient, the heiresses or heirs who requested the inventory shall bear the costs. If the inheritance is insufficient and the competent municipal authority ordered the inventory without a request from the heiresses or heirs (due to the minority, guardianship, or absence of the heiresses or heirs), the municipality shall bear the costs.

2. The costs of the public inventory as per Article 398 paragraph 3 of the Swiss Civil Code (ZGB) shall be borne by the ward. If the ward's assets are insufficient, the municipality of residence shall cover the costs.

3. The costs of the public inventory as per Article 580 of the Swiss Civil Code (ZGB) shall be borne by the inheritance. If this is insufficient, the heiresses or heirs who requested the inventory shall bear the costs.

1. The municipality shall charge a fee for the sealing in accordance with the provisions of its fee regulations.

The Government Representative Office charges fees for its activities.

1. The administrator of the estate shall be reimbursed for their out-of-pocket expenses and receive appropriate compensation. The regional governor determines this compensation based on the workload and the extent of the net assets.

2. The regional governor determines the compensation for the appointed appraisers.

1. In the case of inheritance divisions, the determination of the market value is carried out by the Valuation Commission in accordance with Articles 617, 618, and 619 of the Civil Code.

1. Orders and decisions on complaints issued by the Government Commissioner concerning the supervision of executors and other representatives in matters of inheritance law, measures for the safeguarding of the estate, as well as the public inventory, may be appealed to the Superior Court within 30 days.

1. In industrial and commercial establishments, according to previous practice, the movables serving the business operations, such as machinery, hotel furniture, and the like, are considered appurtenances and can be pledged along with the buildings as such.

2. For the new canton section, this provision comes into effect with the adoption of this law by the people and is regarded, upon the Civil Code coming into force, as an expression of previous practice.

1. If land capable of exploitation is created from ownerless land through alluvion, deposit, soil displacement, alteration in the course or level of a public water body, glacier retreat, or in any other manner, it belongs to the State.

2. The State may allocate such land to neighboring proprietors or designate it for purposes of river maintenance.

3. Existing rice fields, greens, meadows, or alluvial lands that have not already been designated for river maintenance may be allocated to this designation by the governing council.

1. Ownerless land can only transition into private ownership with the approval of the department designated by the governing council, and in such a case, it must be recorded in the land register.

2. Public assets include all lakes, rivers, and streams unless proven to be privately owned by specific titles.

3. Bank areas that are regularly inundated by floodwaters belong to the river or lakebed.

1. The utilization and exploitation of unowned land and public properties, particularly sea and riverbeds, are subject to state supervision.

2. If the utilization and exploitation affect public interests, especially those of the threshold districts, the directorate designated by the governing council may prohibit them.

3. The directorate designated by the governing council may grant exclusive rights to the association of threshold districts for the exploitation of sea and riverbeds, or make such exploitation conditional upon the payment of a fee if it is of significant extent.

1. Municipalities designate the areas with permanent soil displacement in accordance with Article 660a of the Swiss Civil Code (ZGB) within the framework of official surveying.

1. For structures that exceed the natural ground level by more than 1.20 meters at any point, a boundary distance of at least 3 meters must be maintained from neighboring properties. This is subject to the provisions of public law concerning continuous or nearly continuous construction.

2. If continuous construction is permitted but not mandatory, the property owner who does not place the lateral boundary wall on the property line must maintain a boundary distance of 6 meters.

3. If, under previous building regulations, a neighboring structure was built with a boundary wall on the property line, construction in the same manner is permitted.

For single-story annexes and ancillary buildings that are not intended for the permanent residence of people or animals, a boundary distance of 2 meters is sufficient, provided that the average facade height of these buildings does not exceed 4 meters and their floor area does not exceed 60 square meters.

1. Protruding open structures, such as canopies, entrance steps, balconies, may extend no more than 1.20 meters into the boundary distance when measured from the enclosing wall.

1. Facilities for the storage of sewage materials, liquid manure, fertilizers, and other malodorous waste must be constructed at a distance of at least 3 meters from the boundary line.

2. If these facilities are constructed in such a way that they do not impair the neighbors, the boundary distance does not need to be maintained, provided they do not project more than 1.20 meters above the natural ground level.

1. If a building is completely or partially destroyed by natural events, it may be reconstructed within five years in its previous dimensions without regard to the private boundary distance requirements.

2. The deadline is met if the building application is submitted before its expiration. The reconstruction must be carried out without arbitrary interruption.

Buildings erected along the boundary must be provided with a fire-resistant wall on the side facing the boundary.

**The Right to Utilize a Fire Wall Erected by a Neighbor**

The right to utilize a fire wall erected by a neighbor is acquired by purchasing co-ownership. Compensation is to be paid for this right of use, which is to be determined according to the interest of the involved neighbors in the fire wall. Ownership and usage rights that the neighbor has acquired in the existing fire wall may be noted in the land register.

1. Each co-owner is entitled to raise the fire wall or extend it deeper into the ground at their own expense. If the neighbor builds onto the newly constructed section of the wall, they must buy into it in accordance with Article 79f, paragraph 2.

1. Whoever carries out embankments or excavations along the border is required to secure the neighboring property with slopes or retaining walls.

2. Slope gradients may not exceed 45° (100%). In steep terrains, naturally formed or sufficiently secured steeper slopes are permitted.

3. The retaining wall may be built at the border. If it serves the purpose of embankment, it may not exceed the natural ground level of the higher-lying property by more than 1.20 meters.

A retaining wall that is located on the boundary is considered part of the property of the owner who built it. If this cannot be determined, co-ownership by both neighbors is assumed.

Moreover, the provisions regarding firewalls apply accordingly.

Boundary structures such as wooden walls, fences, and walls may be erected up to a height of 1.20 meters measured from the natural ground level of the higher-lying property.

Structures exceeding this height must be set back from the boundary by the extent of the excess height but not exceeding 3 meters in total.

For green hedges, the required setback distances are increased by 50 centimeters; these distances are to be measured to the center of the planting location.

1. For trees and shrubs planted after the entry into force of these provisions, at least the following boundary distances must be observed, measured to the middle of the planting site

a) 5 meters for standard trees that are not fruit trees, as well as for walnut trees;

b) 3 meters for standard fruit trees;

c) 1 meter for dwarf fruit trees, ornamental trees, and espaliers, provided they are always pruned to a height of 3 meters;

d) 50 centimeters for ornamental shrubs up to a height of 2 meters, as well as for berry bushes and vines.

2. These distances also apply to wild growing trees and shrubs.

3. The claim for the removal of plantings that are too close expires after five years. Compliance with maximum heights can be demanded at any time.

1. If residential hygienic conditions are significantly impaired by the shadow cast by tall trees, the owner of the trees is obliged to prune the offending trees to a reasonable extent for appropriate compensation, and, if necessary, to remove them.

2. Reserved are conflicting public interests, particularly those of nature and heritage protection and the preservation of avenues.

On walls and fences that are located at or on the boundary, the neighbor may install harmless devices, notably trellises, free of charge.

1. The neighbor must permit the entering or temporary use of their property if it is necessary for the construction or maintenance of buildings, roads, plantings along the boundary, or other installations such as pipelines. They must be notified in advance and are entitled to the greatest possible consideration and full compensation for damages.

1. Plantations in the forest must not advance closer than one meter to the property boundary. Additionally, the boundary lines must be continuously kept open to at least one meter in width.

2. Where the forest borders open land, the forest edge must be set back five meters when establishing new plantations and at least three meters during the rejuvenation of existing forest stands from the boundary line. If a path or a ditch runs along the boundary, its width may be included in this distance.

1. Forest owners who do not have adequate access to a public road for the removal of timber are entitled to demand the granting of rights for the construction of timber transport facilities, such as timber slides, timber chutes of all kinds, rail runs, and similar installations, against full compensation.

1. For the authority of a landowner to enter a neighboring property for the purposes of management or for carrying out repairs or erecting buildings, as well as for the rights to stick or tread, cattle drives, winter roads, fallow paths, timber exits, pack pathways, fence rights, watering and irrigation rights, and similar matters, as well as concerning ditches, fences, walls, and other enclosures of properties, the previous practices, particularly the police and economic regulations of statutory rights, shall continue to apply.

2. The relevant regulations are to be collected and organized in more detail in a decree of the Grand Council. The rights arising from this are not to be recorded in the land register.

1. The list of annotation criteria pursuant to Article 962, Paragraph 3 of the Swiss Civil Code (ZGB) shall be prepared and maintained by the Directorate of Internal Affairs and Justice.

1. Regarding the Conveyance of Spring and Groundwater, the Water Utilization Act of November 23, 1997 (WNG[8]) shall apply.

1. In the case of alpines, pastures, forests, springs, and streams that belong to common land cooperatives or other similar corporations, or where division would make proper operation or use impossible, division is excluded.

1. Alps and pastures that belong to corporations within the meaning of Article 20 may be sold, mortgaged, or encumbered with building rights with the consent of two-thirds of the shareholders present at the assembly, who must simultaneously hold at least two-thirds of the cow rights represented at the meeting, if the Alp is divided into cow rights.

2. Upon request by the municipalities or the land registry office, the Directorate of the Interior and Justice designates the properties that fall under the term Alps and pastures within the meaning of paragraph 1.

3. The prohibition of division in Article 102 remains reserved.

4. The mortgaging of alpine pastures is subject to the provisions regarding co-ownership.

1. For Alps that are divided into grazing rights, the land registry office shall maintain a Sey-Book.

2. A regulation by the governing council shall establish the necessary provisions regarding the establishment and maintenance of the Sey-Book.

3. The Sey-Book forms an integral part of the land registry; the entries in the Sey-Book have the same effects on grazing rights as the entries in the land registry.

1. To acquire cow rights and real rights associated with them, registration in the Seybuch is required.

2. Cow rights may be sold and pledged, but a distribution of less than one quarter cow right is prohibited and may not be entered into the Seybuch.

3. Contracts for the sale and pledging require public notarization, to the extent that federal law prescribes this in connection with real estate transactions.

1. When in seeded pastures before January 1, 1912, cow rights have been pledged as joint ownership shares, the latter shall be considered as cow rights within the meaning of Article 105 of the Introductory Law as of January 1, 1912. The pledge shall be entered in the pasture register ex officio.

2. If there are no more than six co-owners, a resolution by two-thirds of the co-owners, who simultaneously hold at least two-thirds of the cow rights, can waive the maintenance of the pasture register; in such a case, the legal relationships regarding the pasture are subject to the provisions of joint ownership.

1. The unilateral redemption of mortgage rights (Articles 828 to 830 of the Swiss Civil Code) is permitted.

2. The amount of the redemption sum may be determined by official appraisal (Article 113 of the Introductory Act) at the request of all creditors and with the consent of the acquirer.

1. Until its revision, the law of July 18, 1875, concerning the Mortgage Fund is amended and supplemented as follows

1. The Canton has a statutory lien without registration in the land register to secure

a) the property tax on real estate and water rights for the last two fiscal years preceding the time of bankruptcy or enforcement request and for the current year on the properties and water rights subject to tax,

b) the capital gains tax on the disposed property,

c) the inheritance or gift tax on the property acquired by inheritance or gift,

d) the property transfer tax on the property affected by the transfer,

e) the last two water rights fees that became due before the initiation of bankruptcy or enforcement request and the current fees on the installations and constructions of the waterworks and the associated land,

f) the recovery of structural improvement contributions under the Cantonal Agricultural Law of June 16, 1997 (KLwG),

g) the recovery of contributions or loans under the Law of February 7, 1978, on Improving the Housing Supply,

h) its claims arising from the investigation, monitoring, and remediation of a contaminated site towards the owners of the affected property.

**1. Legal Lien in Favor of Municipalities Without Registering in the Land Registry**

Municipalities are entitled to a legal lien without registration in the land registry to secure

a. The property tax apportioned to real estate and hydraulic powers for the last two tax years before the opening of insolvency or application for enforcement, and for the current year on the real estate and hydraulic powers subject to tax.

b. The real estate capital gains tax on the sold property.

c. The property tax on the respective real estate.

d. The contribution of property owners towards the costs of development facilities according to Article 115 of the Building Act of June 9, 1985 (BauG), and according to the ordinance issued by the Grand Council based on Article 143, paragraph 1, letter c of the BauG on the respective property.

d1. **\*** The claims and default interest from the collection of the value-added levy pursuant to Articles 142 et seq. of the BauG.

e. The reclaim of costs for substitute performance according to Article 47, paragraph 2 of the BauG on the respective property.

f. The reclaim of structural improvement contributions according to the Agricultural Land Act (KLwG).

1. A statutory lien exists without registration in the land register in favor of

a) the Building Insurance Bern to secure the premium claims owed for the insured building for the year in which bankruptcy proceedings are initiated against the homeowner or when the enforcement request is submitted, as well as for the two preceding years concerning the insured building,

b) **\*) ...

c) the sponsorship of a joint enterprise to secure the cost shares for land and forest improvements according to the Act of June 16, 1997, on Procedures for Land and Forest Improvements (VBWG)[[13]](#enumeration_itemtext_content_fn_2632527_2_13_c) concerning the relevant property,

d) the reallocation cooperative to secure its claims against the involved property owners according to the decree issued by the Grand Council based on Article 143 paragraph 1 letter d of the Construction Act (BauG).

To secure the compensation claim pursuant to Article 30, Paragraph 3 of the Construction Law, a statutory lien exists on the relevant property without the need for registration in the land register.

1. With the exception of the mortgage lien under Article 109b paragraph 1 letter a, statutory mortgage liens expire if they are not registered in the land register within six months. The period begins to run

a) for a mortgage lien under Articles 109, 109a, and 109b paragraph 1 letter c with the becoming final of the assessment or order,

b) for a mortgage lien under Article 109c with the becoming final of the judgment on the equalization claim.

2. The statutory mortgage lien under Article 109b paragraph 1 letter a expires if it is not registered within twelve months from the date when the order lifting the legal objection becomes final.

3. In the case of a deferment in the form of a postponement or granting of installment payments, the period for registration is extended by the duration of the deferment.

4. Mortgage liens in amounts exceeding 1000 Swiss Francs can only be asserted against third parties who rely on the land register in good faith if they are registered in the land register within four months of the claim's due date or no later than two years from the claim's creation.

The statutory liens pursuant to Articles 109 and 109a take precedence over the statutory liens pursuant to Articles 109b and 109c, as well as all other liens. They rank equally among themselves.

The statutory liens pursuant to Article 109b take precedence over the lien pursuant to Article 109c and private liens. They rank equally among themselves.

1. In a mortgage contract, the involvement of the creditor in the notarization of the lien is not required.

1. The valuation commissions are responsible for the official appraisal in cases of unilateral redemption of real property liens according to Article 107.

2. The government council regulates the organization of these commissions as well as the procedure through ordinance and sets fees that cover costs. It appoints the commission members.

3. ...

For each administrative region, a registration protocol for livestock pledging is maintained by the enforcement officer.

1. The pawnbroking business is regulated by the Trade Act.

1. The Designation of the Mortgage Institutions, the Provisions Regarding Their Authorization, and the Conditions for the Issuance of Mortgage Bonds are determined by Decree of the Grand Council until the Entry into Force of the Federal Legal Order.

1. The establishment of the land register is conducted according to local municipalities.

1. The Directorate for Internal Affairs and Justice may, within the framework of federal regulations, authorize the maintenance of the land register using electronic data processing.

1. The Government Council may introduce electronic commerce with the land registry offices by ordinance. It shall issue the necessary implementing provisions.

1. There is a land registry office in each of the five administrative regions of the canton.

2. The Department of Internal Affairs and Justice determines the location of the regional land registry offices. It may establish branches of land registry offices.

3. The Cantonal Council regulates the organization of the land registry offices. It may delegate this authority to the Department of Internal Affairs and Justice.

4. The Department of Internal Affairs and Justice appoints an executive land registrar for each land registry office.

5. Eligible for appointment as a land registrar is anyone who holds a bar license, a Bernese notary license, or an equivalent legal qualification.

6. A person who practices as a notary in the canton of Bern and at the same time performs activities in land registration must recuse themselves, in addition to the reasons stated in Article 9 paragraph 1 VRPG, if the matter under review originates from the same notary office where they practice. The same applies to a person employed in a notary office without practicing as a notary.

1. The Directorate of the Interior and Justice is the cantonal supervisory authority over the land registry offices. It exercises oversight over their administrative, organizational, and professional management and establishes performance agreements with them.

2. Decisions on appeals by the Directorate of the Interior and Justice can be challenged before the High Court within 30 days.

3. The Government Council regulates oversight and control through a regulation.

1. Liability of Cantonal Employees at Land Registry Offices

The liability of cantonal employees at land registry offices is governed by the provisions of the Personnel Act.

1. Public properties of the state and municipalities shall be recorded in the land register.

The notary is obliged to officially register the transactions he has notarized in the land register within 30 days of notarization.

1. **The Clearing of a Large Number of Easements, Pre-notations, or Annotations**

The clearing of a large number of easements, pre-notations, or annotations that have become entirely or largely obsolete, or whose location is no longer ascertainable (Art. 976c of the Swiss Civil Code), shall be ordered by the Directorate of Internal Affairs and Justice upon application by the Land Registry Office responsible for the majority of the affected properties.

2. **Issuance of the Clearing Order**

The clearing order is issued by decree. The decree specifies the geographical and substantive scope of the clearing.

3. **Publication and Notification of the Decree**

The decree shall be published in the cantonal official gazette and communicated in writing to the owners of the properties within the clearing perimeter.

4. **Right to Appeal**

An appeal against the decree of the Directorate of Internal Affairs and Justice can be lodged with the Government Council within 30 days.

**1. The Rectification is conducted by the competent Land Registry Office. It is to be noted on all properties within the rectification perimeter.**

2. The Land Registry Office examines the easements, pre-notations, and notices within the rectification perimeter for their current legal and factual significance. It creates a register for each property listing the easements, pre-notations, and notices that remain and those to be deleted.

3. It may, particularly in the case of easements, additionally create a plan showing the local position of the remaining encumbrances and rights, which becomes a part of these encumbrances or rights.

1. The land registry office opens the lists with the permanent and to-be-deleted easements, pre-notations, and remarks through dispositions to

a) the beneficiaries of the easements, pre-notations, and remarks to be deleted,

b) the burdened parties from the easements, pre-notations, and remarks to be deleted, if they could be affected in their legitimate interests by the deletion,

c) all parties affected by the respective easement, if a plan within the meaning of Article 130 paragraph 3 has been created or amended in the context of rectification.

2. An objection to the disposition can be filed in writing with the land registry office within 30 days, providing reasons. The land registry office may conduct an objection hearing.

3. The land registry office enters legally binding changes into the land register ex officio. It deletes the notation of the rectification along with the entry or with the conclusion of the rectification procedure for the respective property, if the entries in the land register do not undergo any changes.

1. An appeal against the objection decision of the Land Registry Office can be lodged with the Directorate of the Interior and Justice within 30 days.

2. Decisions on appeals by the Directorate of the Interior and Justice can be challenged at the Supreme Court within 30 days.

1. The costs for the order of rectification by the Directorate of the Interior and Justice as well as for the rectification procedure before the land registry office shall be borne by the Canton.

2. Moreover, the procedures before the land registry office and the judicial authorities shall be governed by the provisions of the Administrative Procedure Act (VRPG).

1. A public auction must be publicly announced at least eight days prior to its occurrence. For important reasons, the government commissioner may shorten this period.

2. A notary acts as the recorder and the local enforcement officer acts as the auctioneer at the auction. If the latter is unavailable, the government commissioner will appoint a suitable person to act as the auctioneer.

3. ...

4. For auctions of chattels whose total value does not exceed 5000 Swiss francs, customary local announcement and the involvement of an enforcement officer or a municipal official is sufficient.

1. Auctions that do not comply with the provisions of Article 132 EC are subject to the regulations of an ordinary purchase contract.

1. Every auction must be concluded before the closing hour of the police.

2. Influencing the outcome of an auction through promises or the improper provision of alcoholic beverages, and any attempt to do so, are prohibited.

3. Violations of these regulations shall be punished with a fine ranging from 10 to 100 Swiss Francs.

1. The Deposit of Rent and Lease Payments Pursuant to Article 259g and 288 Paragraph 1 of the Swiss Code of Obligations (OR) shall be made at the regional conciliation authority at the location of the rented or leased property.

1. Authority for enforcement in cases of court-approved eviction from a property (eviction) lies with the Government Commissioner of the administrative district in which the property is located.

2. To clarify the circumstances, the necessary data can be collected from the competent police authorities.

The District Governor prepares an inventory of the items found on the property and organizes their clearance, removal, and storage.

1. The items from the eviction must be stored for a maximum of three months. Obviously worthless or perishable items shall be disposed of immediately.

2. If the owner does not claim the items, they may be sold or disposed of after the period of three months has elapsed.

3. The government official organizes the sale or disposal.

1. The costs for eviction, transportation, and storage, as well as for utilization or disposal, shall be borne by the evicted party. The evicting party must advance the costs for the eviction and transportation.

2. The government commissioner issues a final account by decree. It shall specifically record which costs the evicted party must reimburse to the evicting party.

1. The decision of the Government Commissioner can be appealed to the Supreme Court.

2. The procedure is governed by the provisions of the Swiss Code of Civil Procedure of December 19, 2008 (Code of Civil Procedure, CCP).

1. The Government Council shall regulate the details by ordinance, namely

a) the handling of special categories of objects,

b) storage,

c) utilization.

1. The canton is liable for damages caused intentionally or through gross negligence.

2. The right of recourse is governed by Articles 102 et seq. of the Personnel Act of September 16, 2004 (PA).

1. There is a commercial registry office for the entire canton.

2. The commercial registry officer must have completed legal training or possess a university or university of applied sciences degree in business administration.

2a. A person who practices the notary profession and simultaneously performs a function in the commercial registry must recuse themselves, in addition to the reasons mentioned under Article 9, paragraph 1 of the VRPG, if the matter to be assessed originates from the same notary office where they practice the notary profession. The same applies to a person employed in a notary office without practicing the notary profession.

3. The government council regulates the organization of the commercial registry office. It can transfer this authority to the Directorate of Internal Affairs and Justice, which can appoint the management.

4. The Directorate of Internal Affairs and Justice is the cantonal supervisory authority over the commercial registry office. It exercises supervision over its administrative, organizational, and professional management and establishes the performance agreement with it.

5. Orders of the commercial registry office may be appealed to the higher court within 30 days.

6. The government council regulates oversight and steering by ordinance.

1. The entries regarding the community representatives (Art. 341 Para. 3 CC) are to be published once in the cantonal official gazette.

1. Provisions of the law from May 6, 1837[[16]] shall remain reserved for family funds and family foundations existing in the old cantonal territory.

1. For the annuities of Bernese law existing in the old canton part at the time of the coming into force of the Civil Code, new annuities or mortgage certificates shall be issued within one year from the coming into force of the Civil Code based on the new law, at the creditor's choice.

2. Insofar as these annuities exceed the encumbrance limit of the new law (Art. 848 CC), mortgage certificates shall be issued.

3. The lien position remains unchanged.

1. In the same manner, for claims that originally did not have a mortgage, but have gained such through transfer or assignment, a new pledge title must be issued on the basis of the new law within one year from the enactment of the Civil Code.

2. The pledge rank remains unchanged.

1. The registration of old mortgage titles in the Swiss land register is prohibited in the case of Articles 160 and 161 EG.

2. The old mortgage titles must be secured by simple annotation (Art. 961 ZGB).

3. The land registry officer is required to notify the parties involved of these regulations ex officio by special letter at the time of annotation.

1. The parties may, based on a written agreement, request that in cases of reserved lien rights, mortgage certificates under the new law be issued in place of the old lien titles, while retaining the lien priority.

1. No fee shall be charged for the registration and issuance of new titles prepared in accordance with the provisions of Articles 160 and 161.

2. For the registration and issuance of new titles prepared in accordance with the provision of Article 163, no percentage fee shall be charged; instead, only a fixed fee shall be levied, the amount of which shall be determined by a decree of the Grand Council.

3. The parties involved shall jointly bear the costs of the application.

1. With the introduction of the Swiss land register, the following are equated

1. With the mortgage certificate of the new law: the mortgage bonds of the old canton part; the "obligations hypothécaires" for loans in the new canton part; the mortgage notes of the mortgage fund.

2. With the land charge of the new law: the titles concerning reserved lien rights in the old canton part, such as purchase agreements, assignment agreements, as well as indemnity bonds; the other "titres hypothécaires" of the new canton part.

3. With the statutory lien under Article 837 of the Swiss Civil Code (ZGB): in the new canton part, the preferential rights provided for in Article 2103 numbers 1, 3, and 4 of the French Civil Code for sellers, co-heirs and co-owners, and architects, building contractors, masons, and other workers.

If, according to the mortgage title of the previous law, the repayment is to be made through annual amortizations, the subsequent mortgage creditors are considered entitled to move up in priority. Both the creditor and the debtor may have this right to move up, as per Article 814 of the Civil Code, recorded in the land register.

1. The land register is introduced based on the surveying work of the municipalities and the land register sheets of the cantonal land register (Law of June 27, 1909, on the Rectification of Land Registers in the Canton of Bern).

2. It may be introduced simultaneously for the entire canton or successively for individual districts or municipalities.

3. The Directorate of the Interior and Justice determines the time of introduction.

1. Until the introduction of the Swiss land register, the creation, transfer, modification, and extinction of real rights are subject to the registration in the cantonal land register under the land register effect of the new law.

2. Where the cantonal land register has not been established by the time the Civil Code comes into force, the registration in the journal shall have the land register effect of the new law.

3. Property owners who have not registered their ownership rights according to legal requirements in the cantonal land register at the time of the introduction of the Swiss land register are required to do so within a period to be determined by the cantonal government council.

4. After the expiration of this period, the competent municipal council shall arrange for the registration at the expense of the defaulting party ex officio.

Real Rights that can no longer be established under the Civil Code shall either be converted into permissible real rights (e.g., co-ownership or easements) upon the request of the parties involved and be registered as such, or be noted in an appropriate manner.

1. Articles 129 to 131b also apply to the rectification of cantonal land registers and the introduction of the Swiss land register. Further regulations shall be issued by the Government Council by ordinance.

2. The ordinance shall specifically determine under which conditions any unregistered real rights can still be entered retrospectively into the cantonal land register and how the registration of liens should be regulated in cases where only part of a property or several properties not belonging to the same owner are liable, or where the rank of a lien is uncertain.

For those civil legal relationships whose regulation is left to cantonal law, the Swiss Civil Code and the Federal Act of March 30, 1911, concerning its supplementation (fifth part: Code of Obligations) serve as supplementary law.

1. The Federal Act of June 25, 1891, concerning the civil law status of residents and temporary residents[[18]] is applied correspondingly to the residents and temporary residents residing in one part of the canton who come from another part of the canton (Art. 61 para. 1[[19]] Final Title CC).

1. The civil law provisions of the cantonal legislation are repealed with the coming into force of this law, insofar as they are not contained herein or reserved, and insofar as where this is not the case, the Swiss Civil Code does not reserve cantonal law.

2. The same applies to the civil law provisions applicable in the Bernese Jura and Laufental, particularly the French Civil Code and Code of Civil Procedure.

3. Specifically repealed are the legislative decrees listed in Annex II to this law.

1. This law shall come into effect on January 1, 1912.

2. The provisions in Articles 2, 3, 9, and 14 of this law, which relate to the Code of Obligations, shall only acquire legal force if the Federal Act of March 30, 1911, concerning the Supplement to the Swiss Civil Code (Part Five: Code of Obligations) comes into effect.

3. The provisions of Articles 75 paragraph 2, 82 to 86, 141, 142, 143, 170, and 171 of this law shall come into effect upon their acceptance by the people.

4. The decrees of the Grand Council and ordinances of the Government Council as provided in Articles 18, 21, 30, 65, 70, 82, 104, 113, 122, 123, 130, 131, 171, 175, and 176 of this law may be issued and brought into force from the moment of this law's acceptance by the people.