Act on the Introduction of the Civil Code (EG ZGB) - Scope (EGSCHKG)

1. This Act regulates the implementation of the Swiss Civil Code (ZGB) and the Federal Act on the Registered Partnership of Same-Sex Couples (PartG).

2. It contains the provisions reserved for cantonal law.

1. The jurisdiction of administrative authorities based on the Swiss Civil Code (ZGB) and the Federal Act on Registered Partnerships (PartG) is determined by this law.

2. The jurisdiction of judicial authorities based on the Swiss Civil Code (ZGB) and the Federal Act on Registered Partnerships (PartG) is determined by the Introductory Act to the Swiss Civil Procedure Code.

1. The publications, public announcements, notifications, and proclamations prescribed by the Swiss Civil Code (ZGB) and this law are published in the cantonal official gazette.

2. In the cases of Art. 36, 555, 558 para. 2, 582, 662 of the ZGB and Art. 43 of the Final Title of the ZGB as well as § 114 of this law, the announcement must be made 3 times consecutively.

1. Subject to the required publication in the Swiss Official Gazette of Commerce as prescribed by the Swiss Civil Code.

2. Subject to the authority of the competent authorities to arrange for further appropriate announcements.

1. Publications, announcements, invitations, and proclamations contained in the Official Gazette may additionally be published on the public datanet.

2. The government council shall regulate the details.

1. Only notaries are authorized to perform public notarization, namely

a. the notaries of the Canton of Basel-Landschaft,

b. the notaries of the municipalities.

2. The notaries of the Canton of Basel-Landschaft practice notarial activities as self-employed persons.

1. Competent Authorities

a. The notaries of the Canton of Basel-Landschaft for all public notarizations;

b. Optionally, alongside the notaries of the Canton of Basel-Landschaft, the notaries of the municipalities for the notarization of contracts of sale, exchange, and gifts concerning real estate.

1. Competent Authorities

a. The notaries of Basel-Landschaft for the entire territory of the canton;

b. The notaries of the municipalities for the municipal jurisdiction.

1. Responsible for the certification of hand signs and signatures as well as copies and extracts are

a. the notaries of the canton of Basel-Landschaft;

b. employees of the civil law administration who have been granted authority by the Department of Security;

c. the State Chancellery for certifications, super-legalizations, and apostilles;

d. the notaries of the municipalities, the municipal presidents, the municipal administrators, the municipal clerks, and other municipal employees who have been granted authority by the municipal council.

2. Reserved are the special provisions of federal law regarding the maintenance of public registers.

1. The Notarial Act of March 22, 2012 regulates the notarial procedure and the professional practice of notaries, the admission to the notarial profession and its requirements, as well as the liability, disciplinary matters, and supervision.

1. The security department is responsible for the expulsion pursuant to Article 28b paragraph 4 of the Swiss Civil Code.

2. The procedure is governed by the Police Act.

1. The Directorate of Security is responsible for the approval of name changes (Art. 30 para. 1 and 2 of the Swiss Civil Code).

2. The Directorate of Security may involve private experts in social work in name change procedures. Section 71 paragraph 2 of this Act applies to them.

1. The municipal presidency is responsible for receiving the report of foundlings.

1. The Department of Public Safety is responsible for supervising the civil status system (Art. 45 Para. 1 of the Civil Code).

2. The decree regulates the division of civil status districts, the organization, and the supervision of the civil registry offices.

1. The Security Directorate is responsible for filing lawsuits for the dissolution of an association (Art. 78 CC).

1. The Municipal Council at the seat of the foundation is responsible for

a. the supervision of the foundations of the municipalities (Art. 84 CC);

b. minor amendments to the foundation's deed (Art. 86b CC).

2. The Occupational Pension and Foundation Supervision of both Basels (BSABB) is responsible for

a. the supervision of the foundations of the canton (Art. 84 CC);

b. amendments to their organization (Art. 85 CC) or purpose (Art. 86 CC);

c. amendments to their purpose at the request of the founder or based on his testamentary disposition (Art. 86a CC) and minor amendments to the foundation's deed (Art. 86b CC);

d. the dissolution of the foundations of the canton (Art. 88 Para. 1 CC).

3. The Government Council is responsible for

a. * ...

b. amendments to the organization (Art. 85 CC) or purpose (Art. 86 and 86a CC) of the foundations of the municipalities,

c. the dissolution of the foundations of the municipalities (Art. 88 Para. 1 CC).

4. The Municipal Council may delegate the supervision of the foundations it supervises to the Occupational Pension and Foundation Supervision of both Basels (BSABB).

1. The following cooperatives attain legal personality without registration in the commercial register and are subject to cantonal law

a. the water supply cooperatives according to § 2 para. 5 of the Act on Water Supply of the Municipalities of Basel-Landschaft (Water Supply Act) of April 3, 1967, with the approval of the statutes by the competent directorate;

b. the land reallocation cooperative pursuant to § 61 para. 1 of the Spatial Planning and Building Act (SPBA) of January 8, 1998, through the resolution on the land reallocation;

c. the cooperative for the implementation of land improvements, as well as the cooperative for the maintenance of objects created in land improvements, pursuant to § 26 para. 2 let. a of the Agricultural Act Basel-Landschaft (AG BL) of January 8, 1998, with the approval of the statutes by the government council.

1. The following institutions and corporations under cantonal law acquire legal personality based on specific cantonal enactments and are registered in the Commercial Register

a. The Basellandschaftliche Kantonalbank pursuant to § 3 of the Cantonal Bank Act of June 24, 2004[15];

b. The Basellandschaftliche Building Insurance according to § 2 of the Act of January 12, 1981[16] on the Insurance of Buildings and Land (Property Insurance Act);

c. * The Basellandschaftliche Pension Fund pursuant to § 1 of the Act of May 16, 2013[17] on Occupational Pensions by the Basellandschaftliche Pension Fund (Pension Fund Act);

d. The Social Insurance Institution of the Canton of Basel-Landschaft according to § 1 of the Introductory Act of September 22, 1994[18] to the Federal Acts on Old Age and Survivors' Insurance and Disability Insurance (EG AHVG/IVG-BL);

e. * The Cantonal Hospital Baselland pursuant to § 8 para. 1 of the Hospital Act of November 17, 2011[19];

f. * The Psychiatry Baselland according to § 8 para. 2 of the Hospital Act of November 17, 2011[20].

1. The civic corporations of the administrative district of Laufen are deemed as public law entities upon the approval of their statutes by the governing council.

1. The Security Directorate is responsible for the filing of

a. Actions for annulment of marriage ex officio (Art. 106 para. 1 CC);

b. Actions for annulment of registered partnerships ex officio (Art. 9 para. 2 RPA).

1. The Notaries of the Canton of Basel-Landschaft are responsible for the notarization of

a. Marriage contracts (Art. 182 of the Swiss Civil Code);

b. Inventories of marital assets (Art. 195a of the Swiss Civil Code);

c. Inventories of personal assets (Art. 20 of the Swiss Partnership Law);

d. Asset contracts (Art. 25 of the Swiss Partnership Law);

e. Inventories in the event of divorce (Art. 120 of the Swiss Civil Code).

1. The Security Directorate is responsible for

a. the approval of adoptions (Art. 268 para. 1 Swiss Civil Code);

b. assistance in handling requests for information by adopted children (Art. 268c para. 3 Swiss Civil Code);

c. the approval for the placement of foster children with the purpose of subsequent adoption and supervision over adoption foster care relationships (Art. 316 para. 1bis Swiss Civil Code).

2. The Security Directorate may engage private experts in social work for adoption procedures and in the field of adoption foster care relationships. For this purpose, § 71 para. 2 of this law applies.

1. The Municipal Council is responsible for

a. contesting the recognition of a child (Article 259 paragraph 2 number 3, Article 260a paragraph 1 of the Swiss Civil Code);

b. the paternity suit (Article 261 paragraph 2 of the Swiss Civil Code);

c. contesting the adoption (Article 269a paragraph 1 of the Swiss Civil Code).

1. The Child and Adult Protection Authority is responsible for measures concerning minors or individuals with intellectual disabilities, as well as those under comprehensive guardianship or suffering from a mental disorder residing in the same household (Art. 333 CC).

1. The municipalities are responsible for the management of child and adult protection authorities. They bear the costs thereof.

2. They appoint joint child and adult protection authorities by district in accordance with § 34bbis of the Municipalities Act.

3. They must provide professional management of mandates in the field of child and adult protection at their expense.

1. The canton is divided into a maximum of 7 child and adult protection districts, with the municipalities of each district being geographically contiguous.

2. The municipal communities determine the division of the districts. If they cannot reach an agreement, the government council decides on the division of the districts.

1. The Child and Adult Protection Authority is an interdisciplinary expert authority.

2. It executes the tasks assigned to it by federal and cantonal law. It fulfills the duties of advising, investigation, and regulation of rights and obligations.

3. The investigation particularly includes the legal and social work areas, and municipal social services may also be tasked with social work investigations.

4. The Child and Adult Protection Authority has its own authority secretariat at its office location for professional and administrative support of its tasks.

1. Each Child and Adult Protection Authority shall have at least one decision-making body. The members of these bodies are not bound by any instructions in their individual decisions regarding the initiation, conduct, or conclusion of procedures, except in cases of remittance by the appeals authority.

2. Each decision-making body

a. comprises 3-8 members who perform their duties under an employment relationship with a workload appropriate to their task, subject to paragraph 3;

b. is mandatorily composed of at least one expert from the field of legal science; additionally, it includes experts specifically from the fields of social work, psychology, education, medicine, finance, or child and adult protection;

c. includes a chairperson.

3. The municipalities may provide that membership in the decision-making body consists of a delegated expert (paragraph 2 letter b) who has a close association with their municipality. The delegated member participates in the decision-making body in those cases where the affected person, whose matter is to be decided, resides or stays in the delegating municipality, or in the absence of the affected person, when their assets are primarily managed in the delegating municipality or have been devolved to it.

3bis Experts as referred to in paragraph 2 letter b and paragraph 3 may simultaneously belong to a municipal council and to an assembly of municipal delegates according to the agreements on the establishment of the Child and Adult Protection Authority.

3ter If a member of the municipal council or a member of the assembly of municipal delegates is to simultaneously belong to the decision-making body, they must recuse themselves during their delegation as per paragraph 3 or during their appointment by the assembly of municipal delegates.

4. Any member of a decision-making body, except those members delegated by the municipalities (paragraph 3), may undertake the representation and on-call duties of members from their own Child and Adult Protection Authority or from members of other Child and Adult Protection Authorities.

5. Each decision-making body shall issue rules of procedure, which are subject to approval by the supervisory authority as referred to in § 65 paragraph 1 of this law.

1. The judicial body is competent, subject to paragraph 2, for

a. first-instance decisions assigned to the federal law and cantonal law by the Child and Adult Protection Authority;

b. appeals against actions or omissions of the guardian or the custodian, a third person or entity to which the Child and Adult Protection Authority has assigned a mandate (Art. 419 Swiss Civil Code);

c. appeals against actions or omissions of the guardian or the custodian of minors.

2. The presidency of the judicial body or a member delegated by it is competent to issue the following first-instance decisions

a. procedural and interim decisions;

b. ordering provisional measures (Art. 445 paras. 1 and 2 Swiss Civil Code);

c. ordering compulsory accommodation in cases of imminent danger and lifting of this decision (§ 78 para. 2 of this law);

d. transferring the competence to release to an institution in cases of compulsory accommodation due to imminent danger;

e. supplementing the advance care directive (Art. 364 Swiss Civil Code);

f. determining the remuneration under the advance care directive (Art. 366 para. 1 Swiss Civil Code);

g. determining the right of representation in medical measures (Art. 381 para. 2, Art. 382 para. 3 Swiss Civil Code);

h. ordering the taking of a public inventory (Art. 405 para. 3 Swiss Civil Code);

i. approving the accounts and report (Art. 415 para. 1, Art. 425 para. 2 Swiss Civil Code);

k. ordering representation for the procedure (Art. 449a Swiss Civil Code);

l. granting access to files and restricting the right of access to files (Art. 449b Swiss Civil Code);

m. decision regarding the right to information (Art. 451 para. 2 Swiss Civil Code);

n. approval of the conclusion and amicable amendment of a maintenance agreement (Art. 134 para. 3, Art. 287 para. 1 Swiss Civil Code);

o.* ordering guardianship and appointing the guardian to establish and contest parentage (Art. 306 para. 2, Art. 308 para. 2 Swiss Civil Code);

p. ordering the taking of an inventory and periodic accounting and reporting on the child's assets (Art. 318 para. 3, Art. 322 para. 2 Swiss Civil Code);

q. granting authorization to deplete the child's assets (Art. 320 para. 2 Swiss Civil Code);

r. ordering guardianship representation for the unborn child to safeguard inheritance rights (Art. 544 para. 1bis Swiss Civil Code);

s.* actions under the Ordinance on Asset Management within the Framework of Guardianship or Custodianship (VBVV) of July 4, 2012, insofar as they do not fall under Art. 416 Swiss Civil Code or are subject to the Child and Adult Protection Authority's need for approval on a case-by-case basis according to Art. 417 Swiss Civil Code.

1. The Directorate of Security is the supervisory authority over the Child and Adult Protection Authorities. As such, it is responsible, within the framework of general supervision, for ensuring correct and uniform application of the law.

2. In particular, it issues general directives on the conduct of office, can conduct inspections, and ensures the training and further education of the staff of the Child and Adult Protection Authorities.

3. The supervisory modification or repeal of decisions made by the Child and Adult Protection Authorities is not permitted.

4. The Child and Adult Protection Authorities must disclose personal data and sensitive personal data required by the Directorate of Security to perform its supervisory duties.

1. The Cantonal Court, Constitutional and Administrative Law Division, is responsible for adjudicating appeals against decisions of the Child and Adult Protection Authority (Art. 450 para. 1 Swiss Civil Code) as well as decisions in the area of protective placement (Art. 439 para. 1 Swiss Civil Code). Paragraph 3 remains reserved.

2. The procedure is governed by Art. 450-450e Swiss Civil Code. In addition, the provisions of cantonal administrative procedural law are applicable.

3. Decisions of the Child and Adult Protection Authority, assigned to it based on cantonal law, are subject to administrative appeal. Deviating statutory provisions remain reserved.

**1. Any person may report to the Child and Adult Protection Authority if an adult or minor appears to be in need of help. The provisions concerning professional secrecy remain reserved.**

**2. Persons who, in the course of their official duties, become aware of an adult or minor who appears to be in need of help are obligated to report to the Child and Adult Protection Authority.**

1. The proceedings before the Child and Adult Protection Authority become pending through

a. the submission of an application or a request;

b. a report that is not obviously unfounded;

c. invocation in cases regulated by the Swiss Civil Code (ZGB);

d. initiation ex officio.

2. The pendency of the proceedings must be communicated to the affected persons either in writing or orally. If an oral communication is made, it must be recorded in writing.

1. The presiding body of the adjudicative panel directs the proceedings, convenes the panel, and chairs its meetings. It may delegate these tasks to a member of a child and adult protection authority's own adjudicative panels or those of other child and adult protection authorities.

2. The adjudicative panel makes its decisions with a composition of three members. Exceptions remain pursuant to § 64 paragraph 2.

3. The adjudicative panel makes its decisions based on the records. It may summon affected individuals or third parties.

4. The procedure is governed by Article 443 et seq. and Article 314 et seq. of the Swiss Civil Code (ZGB). Otherwise, the provisions of the cantonal administrative procedural law are applicable.

1. In proceedings for the ordering, modification, or revocation of measures, the affected persons must be heard personally, unless this appears to be disproportionate. This is subject to paragraph 2.

2. In proceedings concerning measures for the protection of the child or the child's assets, the child must be heard personally, unless the child's age or other important reasons speak against it.

3. Personal hearings must be recorded in minutes. For the hearing of children, only the results essential to the decision are to be recorded in the minutes.

4. If a formal hearing is not possible, a record should be kept of the observations made.

5. The record can be documented in writing, or through acoustic, audiovisual, or other suitable technical means.

6. In the proceedings of custodial placement, the provisions of §§ 79 para. 2 and 80 para. 3 of this Act shall additionally apply.

1. The Child and Adult Protection Authority as well as its supervisory authority may consult experts.

2. Private experts are subject to the same duty of confidentiality as the authority that employs them.

1. The Child and Adult Protection Authority maintains a register of individuals under an adult protection measure.

2. Private individuals who credibly demonstrate an interest are entitled to information about an individual from the register.

3. Authorities are entitled to information about an individual from the register concerning the data they need to fulfill their legal duties.

1. If the compensation and reimbursement of expenses for the mandate cannot be paid from the assets of the affected person or by any persons obliged to provide maintenance or support to the same, these costs shall be borne by the municipalities.

2. If the affected person later comes into favorable economic circumstances, the municipalities that have covered the costs pursuant to paragraph 1 can require reimbursement of these costs within 10 years from the determination of the compensation or reimbursement of expenses, and may claim the reimbursement through civil court proceedings.

1. The mandate holder is required to submit accounts and report on the status of the affected person and the execution of the mandate at the intervals set by the Child and Adult Protection Authority, but at least every 2 years.

2. The account shall include an overview of the current status of assets, changes in the composition and investment of assets, as well as income and expenses during the reporting period. All details must be substantiated.

3. The mandate holder must submit the account and report to the Child and Adult Protection Authority within 3 months after the end of the reporting period. The authority may shorten or extend this deadline for special reasons.

4. The Child and Adult Protection Authority shall decide on the approval of the account and report within a further 3 months.

5. The final account and final report must be submitted within 3 months after the termination of the mandate. The Child and Adult Protection Authority may shorten or extend this deadline for special reasons. The decision on the approval of the final account and final report shall be made within a further 3 months.

6. If the account and report are not submitted within the prescribed period, the Child and Adult Protection Authority may have them prepared by a third party at the expense of the mandate holder. The same applies in cases of inadequate accounting and reporting.

1. The admission of a minor child for foster care within the meaning of federal legislation requires the approval of the Child and Adult Protection Authority and is subject to its supervision.

2. The offer to admit non-related minor children for compensated foster care for up to 3 months requires the approval of the Child and Adult Protection Authority.

1. In the event of non-payment of costs arising from child protection measures or guardianship and constituting maintenance costs (Art. 276 para. 1 Swiss Civil Code), the child and adult protection authority, as well as the mandate holders, may file a civil lawsuit against the parents to claim payment of the costs.

1. The panel of the Adult Protection Authority, acting as a collegium, is responsible for custodial care arrangements and their termination, provided there is no imminent danger.

2. Each member of the panels of the Adult Protection Authorities is responsible for custodial care arrangements and their termination when there is imminent danger. This is subject to Section 63 paragraph 4 of this Act.

1. If there is no imminent danger, the Adult Protection Authority thoroughly examines the personal circumstances of the affected person, among other things, based on reports or assessments from experts.

2. The panel of the Adult Protection Authority usually hears the affected person in person as a collegial body.

3. ...

4. If a psychiatric evaluation is essential and cannot be conducted on an outpatient basis, the Adult Protection Authority commits the affected person to an appropriate facility for evaluation. The provisions regarding the procedure for protective custody apply accordingly.

1. If there is imminent danger, the welfare-related accommodation can be ordered without obtaining a report or expert opinion from specialists and without further clarification of the personal circumstances of the affected person.

2. The welfare-related accommodation in case of imminent danger can only occur on the basis of a medical certificate, which relies on an immediately preceding examination.

3. The affected person must be personally heard by a member of an adjudicative body of the adult protection authorities no later than within 24 hours from the welfare-related accommodation in case of imminent danger, and must be verbally and in writing informed that they can file a complaint with the presidency of the Cantonal Court, Division of Constitutional and Administrative Law.

4. Decisions regarding welfare-related accommodation in cases of imminent danger and the release of persons accommodated in such circumstances can be announced and justified orally. In these cases, they must be confirmed and justified in writing within the next 48 hours.

5. Decisions of the institution regarding the retention of voluntarily admitted persons must be announced and justified both orally and in writing, and the affected person must be informed verbally and in writing that they can file a complaint with the presidency of the Cantonal Court, Division of Constitutional and Administrative Law. These decisions must be promptly communicated to the adult protection authority.

1. A person placed in an institution due to imminent danger shall be released no later than 6 weeks unless an enforceable placement decision from the adult protection authority is obtained by that time.

1. Each member of the panels of the Adult Protection Authorities is responsible for the discharge in cases of expeditious danger during protective placement; otherwise, the panel of the Adult Protection Authority acting as a collegium is responsible. This is subject to § 63 paragraph 4 of this law.

2. The medical management of the facility continuously reviews whether the conditions for protective placement are still met. If this is not the case, it promptly submits an application for discharge to the Adult Protection Authority.

3. The Adult Protection Authority reviews, at the latest 6 months after the beginning of protective placement without expeditious danger, whether the conditions are still met and whether the facility continues to be suitable. A second review must be conducted within an additional 6 months, and thereafter as often as necessary, but at least annually (Art. 431 Swiss Civil Code). § 79 of this law applies accordingly.

4. The medical management of the facility promptly forwards applications for discharge from individuals who have been subjected to a protective placement order to the Adult Protection Authority.

5. Decisions on discharge applications and discharge requests must be made without delay.

1. The costs, including expenses, incurred in the course of the procedure for compulsory care accommodation shall be charged to the concerned individual. If the procedure is dismissed or if it is judicially determined that the order for compulsory care accommodation was unlawful from the outset, the costs shall be borne by the municipalities of the child and adult protection district, whose adult protection authority ordered the compulsory care accommodation.

2. The costs of the stay in the facility within the execution of the compulsory care accommodation shall, subject to paragraphs 3 and 4, be borne by the concerned individual, unless covered by third parties.

3. They shall be covered by the municipalities of the child and adult protection district, whose adult protection authority ordered the compulsory care accommodation, if it is judicially determined that the order for compulsory care accommodation was unlawful.

4. They shall be covered by the facility if it is judicially determined that the retention by its medical management was unlawful.

1. An appeal may be lodged with the Cantonal Court, Division of Constitutional and Administrative Law, against decisions regarding

a. Ordering an assessment;

b. Involuntary commitment;

c. Retention by the facility;

d. Rejection of release requests and applications for release by the facility;

e. Treatment of a mental disorder without consent;

f. Measures to restrict freedom of movement.

2. In cases of involuntary commitment due to imminent danger as per § 80 of this law, in retention by the facility, as well as measures to restrict freedom of movement, the Presidency of the Cantonal Court, Division of Constitutional and Administrative Law, is responsible.

3. The appeal does not have a suspensive effect unless the Adult Protection Authority or the Cantonal Court, Division of Constitutional and Administrative Law, decides otherwise. Once the appeal has been received by the Cantonal Court, Division of Constitutional and Administrative Law, its Presidency is responsible for granting suspensive effect. It can take other precautionary measures.

4. The procedure is governed by Articles 450-450e of the Civil Code (ZGB) and the provisions regarding administrative judicial appeals.

1. Appeals against the cost decisions of the Adult Protection Authority can be made to the Cantonal Court, Department of Constitutional and Administrative Law.

2. If the cost decision is related to an emergency protective placement, the President of the Cantonal Court, Department of Constitutional and Administrative Law, is responsible.

1. Before revoking a protective placement, the treating physician attempts to agree on measures for aftercare (§ 88 para. 1 of this Act) with the person concerned.

2. The agreed measures for aftercare or the failure to reach an agreement must be documented in writing and communicated to the adult protection authority.

3. If no agreement has been reached and there is a risk of relapse and the presumption that the person concerned poses a threat to their own life and limb or the life or physical integrity of others in the event of a relapse, the adult protection authority orders the necessary measures for aftercare upon request of the treating physician.

1. Regarding individuals who suffer from a mental disorder and who pose a danger to their own life and limb or to the life or physical integrity of others, the adult protection authority may order outpatient measures to avoid treatment or care within the framework of custodial placement.

2. Outpatient measures can also be agreed upon or ordered as part of aftercare following a custodial placement.

1. Following a welfare-related placement within the scope of aftercare (§ 86 para. 1 of this Act) or in the context of outpatient measures (§ 87 para. 1 of this Act), the affected person may, in particular, be obliged to

a. undergo a medical or psychological examination, treatment, or supervision;

b. take specific medications;

c. submit to tests for alcohol and other addictive substances;

d. be attended by, and follow the instructions of, a professional, an institution, or an authority;

e. report regularly to a specified professional, institution, or authority.

2. The measures are ordered for a maximum duration of 2 years. They may be extended provided the conditions are still met.

1. The professionals, specialized agencies, and authorities charged with the implementation of the agreed upon or ordered measures shall report to the Adult Protection Authority

a. after 1 year or at any time as directed by the Adult Protection Authority;

b. immediately, if the person concerned opposes or evades the measures or does not comply with their instructions.

2. If the prerequisites for the agreed upon or ordered measures no longer exist, this must be reported to the Adult Protection Authority without delay.

1. Non-compliance with agreed or mandated measures or instructions from the professional, office, or authority tasked with their implementation may prompt the Adult Protection Authority to assess whether to initiate the procedure for protective placement.

1. At the Cantonal Court, Division for Constitutional and Administrative Law, an appeal can be filed against the orders of the Adult Protection Authority regarding

a. Measures for aftercare;

b. Outpatient measures.

1. The Child and Adult Protection Authority is responsible for measures in cases of a lack of management or use of pooled assets (Art. 89b CC).

2. Decisions of the Child and Adult Protection Authority can be appealed to the Cantonal Court, Division for Constitutional and Administrative Law.

1. The canton is liable for unlawful actions or omissions by the organs of child and adult protection (Art. 454 para. 3 SCC).

2. The canton has a double right of recourse

a. against the persons who caused the violation intentionally or through gross negligence, and

b. against the municipalities of the child and adult protection district whose organs of child and adult protection caused the violation.

3. The recourse claim expires 1 year after the day on which the recognition or the legally binding determination of the canton’s obligation to pay damages occurs.

1. Advance directives from individuals residing in the canton may be deposited for safekeeping at the office designated by the canton in accordance with Articles 504 and 505 paragraph 2 of the Swiss Civil Code.

2. The office responsible pursuant to paragraph 1 maintains a register of deposited advance directives and stores them in a secure location.

1. The municipal council of the domicile municipality is responsible for

a. filing the lawsuit for the enforcement of conditions that affect the municipality (Art. 482 para. 1 Swiss Civil Code);

b. submitting the request for a declaration of absence (Art. 550 para. 1 Swiss Civil Code).

1. The Civil Law Administration is responsible for

a. the inventory in the case of substitution of heirs (Art. 490 Para. 1 CC);

b. the safekeeping of last wills and testaments, as well as marriage and inheritance contracts (Art. 504, 505, and 512 CC) and the maintenance of the will register;

c. the notification of the execution of the will (Art. 517 Para. 2 CC);

d. the official administration of the wealth of a missing person (Art. 548 Para. 1 CC);

e. measures to secure the succession: sealing, inventory, arrangement of estate administration (Art. 551-554 CC);

f. the call for heirs (Art. 555 Para. 1 CC);

g. the opening of last wills and testaments as well as marriage and inheritance contracts (Art. 556-558 CC);

h. the issuance of the certificate of inheritance (Art. 559 Para. 1 CC);

i. the acceptance of disclaimers of inheritance and the ordering of further measures (Art. 570, 574-576 CC);

j. the public inventory (Art. 580-584 CC);

k. the authorization to continue the business (Art. 585 Para. 2 CC);

l. the official liquidation (Art. 595 Para. 1 CC);

m. the supervision of estate administrators or executors (Art. 595 Para. 3 CC); subject to § 106 letter d of this law;

n. the appointment of a representative of heirs (Art. 602 Para. 3 CC);

o. the participation in the division (Art. 609 CC);

p. the formation of lots (Art. 611 Para. 2 CC);

q. the auction order (Art. 612 Para. 3 CC);

r. the disposition concerning special items during distribution (Art. 613 Para. 3 CC);

s. the determination of the credit value for real estate in the inheritance division (Art. 618 CC);

t. the safekeeping of asset contracts (Art. 25 PartG);

u. the opening of asset contracts (Art. 25 PartG);

v. * the extension of the deadline for the declaration concerning the acquisition of an inheritance (Art. 576 and 587 CC).

1. The Security Directorate is responsible for

a. filing lawsuits for the enforcement of conditions concerning a district or the canton (Art. 482 para. 1 CC);

b. the supervision of estate administration;

c. the oversight of inheritance liquidations, inheritance administrations, inheritance representations, and execution of wills conducted by the Civil Law Administration.

1. The Executive Council is responsible for adjudicating complaints against decisions made by the Civil Law Administration in matters of inheritance.

1. The civil registry office that records the death of a person who was last domiciled in the canton of Basel-Landschaft shall promptly notify the civil law administration of the death. The same obligation applies to the civil registry office that records the declaration of presumed death of a person who was last domiciled in the canton of Basel-Landschaft. The civil registry office is also required to assist in identifying the legal heirs if it has personal contact with relatives or other individuals in connection with the death.

2. The municipality of the last residence of a deceased person is obliged to report as per paragraph 1, provided that the death was recorded by a civil registry office outside the canton of Basel-Landschaft.

3. If the municipality of the last residence of a deceased person receives notification of a death, it must promptly report it to the civil law administration. It is also required to assist in identifying the legal heirs.

1. Sealing of the estate must be carried out without delay by the civil law administration if

a. an heiress or heir is permanently absent without representation;

b. an heiress or heir explicitly requests the sealing of the estate;

c. the estate creditors demand it to secure their claims and credibly demonstrate the risk of disadvantage.

2. In cases of extraordinary deaths, the Basel-Landschaft Police, or the investigating magistrate shall carry out the sealing and issue the order to clean the premises at the expense of the estate.

1. After every death, an inventory shall be taken; the taking of an inventory can be omitted if it is assumed that no assets are present.

2. In the case of a negligible estate, an inventory report shall be prepared.

3. A supplementary inventory shall be taken upon request by

a. an heiress or heir;

b. the tax authority;

c. an out-of-canton authority.

4. The civil law administration shall take the inventory in accordance with the provisions contained in Art. 581 of the Swiss Civil Code for the public inventory. If necessary, it may enlist further experts.

5. The taking of the inventory is to be announced to the heiresses and heirs.

6. If no inheritance tax is due, a simplified inventory shall be prepared.

7. All persons who are able to provide information about the financial circumstances of the deceased person or who possess their assets (e.g., heiress or heir; roommates of the deceased person; persons who manage or safeguard the deceased person's assets) are obliged, upon request by the civil law administration, to provide truthful information and deliver the estate's assets.

1. Authorities that hold marriage and inheritance contracts, as well as property agreements pursuant to PartG, must promptly deliver these to the civil law administration upon the death of the testatrix or testator.

2. The civil law administration shall open those provisions of the marriage and inheritance contracts, as well as the property agreements pursuant to PartG, which pertain to this succession.

1. The request for the creation of a public inventory must be submitted orally or in writing to the civil law administration.

2. If, in such a case, an inventory has already been drawn up in accordance with § 110 of this law, it shall be considered a public inventory; otherwise, the civil law administration must immediately proceed with the creation of the inventory.

1. The civil law administration or the estate administration appointed by it shall take the necessary protective measures and manage the estate in accordance with the Civil Code until the heirs have made a decision on the acceptance of the inheritance.

2. Movable items that could easily be stolen, cash, and securities must be kept in a secure place after being recorded in the inventory. Larger amounts of cash are to be invested in a manner that earns interest for the benefit of the estate.

3. Movable items, the storage of which would cause costs or damage, or which would be subject to rapid decay or depreciation, are to be publicly auctioned, unless the heirs decide otherwise.

4. Real estate may be sold immediately with the consent of all heirs.

5. The necessary arrangements are to be made for the continuation of the deceased's business if an interruption of the business operation could be detrimental to the estate.

6. Unknown heirs must be requested to come forward in the official gazette and, if necessary, in other publications (Art. 555 Civil Code). The civil law administration shall follow up on tips from third parties and conduct further investigations.

1. The civil law administration publishes the call for creditors (Art. 582 Swiss Civil Code) in the official gazette and, if necessary, in additional publications.

2. The deadline for submitting claims is 6 weeks from the date of publication.

3. Upon request, each claimant is to be provided with a certificate confirming the registration of their claim, at the expense of the estate.

1. If the deadline for the declaration of acceptance of the inheritance pursuant to Art. 587 of the Swiss Civil Code is extended, this does not benefit the delinquent creditors.

1. The provisions concerning the public inventory apply mutatis mutandis to the call for creditors according to Article 592 of the Swiss Civil Code (ZGB).

1. The civil law administration must participate in the division, except in the cases provided for in Art. 609 of the Civil Code, if

a. an heiress or heir is not legally competent;

b. an heiress or heir is unknown absent without having appointed an asset management;

c. * an heiress or heir requests the participation of the civil law administration.

1. For properties outside of building zones, as well as for forest and vineyard properties, the prohibition against fragmentation in inheritance divisions as stated in § 144 of this law applies.

1. The Civil Law Administration determines the imputation value for real estate in estate divisions in the form of a contestable order (Art. 618 et seq. CC).

2. An appeal against this valuation can be filed with the Government Council within 10 days.

3. If necessary, experts can be consulted.

1. If the testator or testatrix within the meaning of Art. 466 of the Swiss Civil Code leaves no heirs, the estate shall devolve 50% to the municipality of the last residence of the testator or testatrix and 50% to the canton.

1. The municipal council of the residential municipality is responsible for issuing prohibitions concerning forest and pasture (Art. 699 Swiss Civil Code).

1. The Basel-Landschaft Police is responsible for receiving the report of found property (Art. 720 Swiss Civil Code).

1. The Civil Law Administration is responsible for

a. * ...

b. the relocation of the pledge liability (Art. 833 and 852 CC),

c. the payment of the real estate debtor's liability (Art. 861 para. 2 CC),

d. the execution of livestock pledges (Art. 885 para. 3 CC).

1. The Department of Security is responsible for

a. the custody, auction, and utilization of found objects (Art. 721 Swiss Civil Code),

b. the authorization of public auctions of found objects (Art. 721 para. 2 Swiss Civil Code),

c. the supervision of the drawing of bond securities (Art. 882 Swiss Civil Code),

d. the authorization for the pledging of livestock (Art. 885 Swiss Civil Code),

e. the authorization to operate a pawnbroking business (Art. 907 Swiss Civil Code).

2. The details concerning the lost property system are regulated by the Government Council.

1. Components of an immovable object within the meaning of Art. 642 para. 2 of the Swiss Civil Code (ZGB) (customary usage) are to be regarded as follows

a. In the case of land, plants growing on it and their fruits, as long as they remain connected to the land;

b. In the case of buildings, anything that is securely affixed and cannot be detached from the building without damage, such as built-in cabinets, machinery installations connected to the building (water wheels, turbines, transmissions), non-transportable presses, greenhouses, early forcing frames, ovens and stoves built into the ground or firmly connected to a fire wall, fans, electrical wiring, gas and water pipes, lighting installations, etc.

**1. Accessories in the Sense of Articles 644 and 645 of the Swiss Civil Code (Customary Usage) are to be Considered as Follows:**

a. For real estate, the stakes present on the property and designated for it, as well as the manure present on the lands and in the manure piles;

b. For buildings, the items intended for them and serving them, such as keys, ladders, doors, windows, storm windows, shutters, even if they are removed, doorbells, blinds, curtain rods, fitted floor coverings, movable stoves and ranges, provided that no stoves and ranges are built into the ground or firmly connected to a firewall, washing machines and laundry tubs, cask racks and shelves in cellars, stock bricks, etc.;

c. For factories and other commercial enterprises, the installations present therein which are designed for the work, even if not connected, and the associated equipment and tools.

**2. Disposition Over an Item, Unless an Exception is Made, Also Relates to its Accessories.**

1. Ownerless land shall fall into the ownership of the municipality where it is located (Art. 664 para. 3 Swiss Civil Code).

1. With regard to excavations, embankments, and constructions, the provisions of the Spatial Planning and Construction Act of January 8, 1998, shall apply.

1. The neighborhood must tolerate the entry or temporary use of their property, insofar as it is indispensable for the construction or maintenance of buildings, enclosures, and other installations along the boundary.

2. Similarly, for the maintenance or cleaning of cisterns, wells, pipelines, and the like, the service area may be temporarily entered or used.

3. Anyone who wishes to exercise such a right must notify the neighborhood or the ownership of the service area of their intention in a timely and proper manner and compensate for any possible damages.

1. Hedges may not be maintained closer than 60 cm from the boundary nor higher than three times their distance from the same against the will of the neighboring property owners.

2. For other enclosures, the provisions of the Spatial Planning and Construction Act of January 8, 1998 (RBG) shall apply.

1. Dwarf fruit trees, other garden trees, ornamental shrubs, small decorative trees, and vines may not be planted closer than half a meter from the neighbor's boundary.

2. Individual forest trees, large decorative trees (such as poplars, chestnut trees, and the like), as well as nut trees must not be planted closer than 6 meters from the neighbor's boundary in public places and in private garden areas around residential buildings.

3. Fruit trees (apples, pears, cherries, etc.) must not be planted closer than 6 meters in open land and opposite vines, and not closer than 2 meters in open orchards and planting areas from the neighbor's boundary.

4. The neighborhood must tolerate overhanging branches and penetrating roots of fruit-bearing trees, provided they are not hindered in the use of their land thereby. However, they have a right to the fruits growing on the overhanging branches (Anries).

1. Where forest borders on another forest, the boundary line must be kept clear by half a meter on each side. This distance also applies to new forest plantings adjacent to existing forest owned by a different proprietor.

2. Where forest borders on cultivated land, a distance of 6 meters from neighboring properties must be maintained for new forest installations on land previously used for agriculture, and a distance of 10 meters must be maintained opposite vineyards.

1. With the consent of the neighborhood, deviations from the distance regulations according to § 130 and § 131 of this law can be made. These agreements require public notarization and entry as an easement in the land register for validity.

2. Claims for the removal or relocation of newly planted trees can only be initiated within 10 years from the date of planting.

1. The distance of trees from the edge of cantonal and municipal roads shall be 4 meters; exceptions may be permitted by the Directorate of Construction and Environmental Protection or by the Municipal Council. Traffic on the roads must not be impeded in any way.

2. The canton and municipalities are entitled to plant trees along public roads and squares, even if the distances from neighboring properties prescribed in § 131 and § 132 of this law are not present.

1. If it is necessary due to local conditions, it is permitted to drive across the adjacent property's longitudinal side with agricultural machinery in the open field for agricultural operations (plowing, sowing, harvesting, etc.) and to turn with these machines on the narrow side of the neighboring property on a section up to 3.5 meters.

2. This right of passage and turning must be exercised in such a manner and at such a time as to cause as little damage as possible.

1. The right of access over winter paths exists, unless specific contracts provide otherwise, from mid-November to mid-March.

2. It is to be exercised in a manner and at a time that causes the least possible harm.

1. The property ownership is obligated to tolerate, without any claim for compensation, the establishment of survey markers (position and elevation benchmarks) on their properties or at their boundaries.

2. The marking of the position benchmarks of categories 1 and 2 is to be noted in the land register upon the request of the surveying authority.

1. The property ownership is obligated to have the boundaries of their property marked with boundary markers.

1. Entering another's property for the purpose of hunting and fishing is permitted for those entitled to hunt and fish; however, they are responsible for any damage they cause while doing so.

2. A person entitled to hunt, who has shot and wounded game within their lease area, is not entitled to pursue and take possession of it in an adjacent leased territory belonging to another. This is subject to agreed-upon game tracking agreements.

3. The permission to enter another's property does not extend to land associated with buildings and enclosed with them, nor to land that is entirely closed to the entry of other persons by walls, fences, or other permanent enclosures. Permanent enclosures are understood to be only durable constructions specifically intended to keep people out, and not mere post fences and simple wire fences, such as those used on pastures to contain livestock.

1. The conveyance of spring or groundwater beyond the boundaries of the property where it is extracted from the ground is prohibited if it adversely affects public water supplies within the territorial jurisdiction of the canton.

2. The conveyance of spring or groundwater beyond the canton requires the approval of the Council of State. This approval is to be granted for a maximum of 20 years but may be renewed.

1. The right to expropriation exists in favor of municipalities and the canton for claims to the assignment of sources and the like for water supplies or other enterprises serving the public good. The procedure is governed by the Expropriation Law of June 19, 1950.

1. During the execution of soil improvement as well as for maintenance work after the completion of soil improvement, the property owners and operators of the affected properties are obliged to grant access to their properties for necessary work.

1. If there are valid reasons, a land improvement can include areas in construction and special zones. In this case, the regulations concerning land improvements apply to the establishment of the enterprise as well as the further procedure. As a rule, no state contributions are allocated to these areas.

1. The subdivision of plots outside of building zones and forest plots into smaller units than 25 ares, and 15 ares for vineyard plots, is prohibited (Fragmentation Prohibition).

2. The Department of Economic Affairs and Public Health may grant exceptions to the Fragmentation Prohibition

a. for home and farmyards, gardens, orchards, planting plots, and vineyard plots;

b. for the purpose of development and consolidation of neighboring plots;

c. when subdivisions are caused by expropriations;

d. when the plot is divided into an agricultural and a non-agricultural part;

e. when the plot is divided along the zone boundary;

f. when further significant reasons exist.

3. Contracts and unilateral dispositions that contradict the Fragmentation Prohibition are invalid and must not be entered into the land register.

1. No new parcels may be created that do not adjoin a public road. For important reasons, the Directorate of Economic Affairs and Health may grant exceptions.

2. Direct adjacency may occur through a servient tenement.

1. The Calculation of Special Default Interest on Mortgage Claims is Impermissible.

1. The provisions of the Civil Code concerning the unilateral redemption of real estate liens (Articles 828 and 829 CC) are declared applicable.

1. A statutory lien exists, without registration in the land register and taking precedence over all other liens, for

a. the property tax apportioned to the properties in favor of the canton and municipalities, for the past and current year;

b. the property taxes according to § 70 of the Law on State and Municipal Taxes (Tax Law) of February 7, 1974;

c. the inheritance and gift taxes according to § 23 of the Law on Inheritance and Gift Tax of January 7, 1980;

d. the notarization and land registry fees for real estate transactions as well as the surveying costs for canton and municipalities;

e. * the compulsory-based parts of the total levy according to the Building Insurance Law of March 24, 2022;

f. costs, contributions, and fees in favor of the canton and the municipalities as well as costs in connection with substitute performance, based on §§ 16, 19, 32, and 34 of the Law on Water Construction and Utilization of Waters of April 1, 2004;

g. the water and sewage charge, which a municipality has to demand from the property owners for the past and current year;

h. contributions to water pipes and sewers payable to the canton or municipalities;

i. * contributions and connection fees payable to the canton and municipalities for public access works according to § 94 of the Expropriation Law of June 19, 1950;

j. the rescheduling costs and compensation payments according to § 71 and for the costs of substitute performance according to § 138 of the Spatial Planning and Construction Law (RBG) of January 8, 1998;

k. * the remaining costs of land improvements in favor of the executing body as well as for maintenance contributions in favor of the maintenance cooperative;

l. * the value capture tax according to § 3 of the Law on the Compensation of Planning Gains of September 27, 2018.

1. Statutory liens all rank equally among themselves and take precedence over other registered encumbrances. An exception to this ranking order is the statutory lien pursuant to § 23 of the Inheritance and Gift Tax Act of January 7, 1980, which takes precedence over all other liens, including statutory ones.

2. Insofar as statutory liens pertain to overdue claims, these shall be calculated from the date of submission of the request for enforcement in the case of foreclosure, and from the date of bankruptcy declaration in the event of bankruptcy.

1. Regarding the creation of debt certificates as per Art. 843 of the Swiss Civil Code, the creditor or debtor can rely on the official valuation.

1. If an official appraisal of a property is required for the purpose of establishing an annuity in accordance with Article 848 of the Swiss Civil Code, the government council shall determine the appraisal after consulting with two experts appointed by it.

1. The Civil Law Administration maintains a registration protocol for livestock pledging.

1. The authorization to operate a pawnbroking business is granted by the Directorate of Security for a period of 3 years.

2. The applicant must provide assurance of proper business conduct.

3. The holder of the pawnbroking business must deposit a security bond of CHF 2000 with the state treasury for compliance with their obligations.

4. The holder of a pawnbroking business is required to maintain business records.

5. Interest of up to 1% per month may be charged, and a fee may be levied for issuing a pawn ticket.

6. The police must be granted access to the business premises at any time, as well as the right to inspect the books and view the pledges. If items are offered for pledge that raise suspicion, the holder of the pawnbroking business must immediately notify the police.

1. The cantonal land registry office is affiliated with the civil law administration. The land register is maintained by municipality.

2. The Department of Public Safety exercises supervision over the land registry system.

3. Appeals against decisions of the civil law administration in land registry matters can be filed with the government council within 30 days.

4. The land register is maintained using electronic data processing. The government council regulates the specifics of the electronic data processing land register and the electronic access to the land register data.

5. The Department of Public Safety may verify whether the user groups are properly exercising electronic access to the land register data. It may engage external specialists at the users' expense for this purpose. In the event of misuse, access authorization may be revoked.

1. The properties owned by the canton and the municipalities that serve public use are also recorded in the land register (Art. 944 Swiss Civil Code).

1. Information on the transfer of ownership of real property, except for acquisitions by inheritance, shall be published in the cantonal official gazette or in another appropriate manner. The specifics shall be regulated by the government council.

2. The civil law administration shall report notifications of property transfers to

a. the Office of Data and Statistics;

b. the Tax Administration;

b.bis * the Real Estate Division of the Directorate for Construction and Environmental Protection;

c. the Basel-Landschaft Building Insurance;

d. the municipalities;

e. the operators of electricity distribution networks.

2bis Upon written request, the Real Estate Division of the Directorate for Construction and Environmental Protection shall provide all information related to property transfers to the Expropriation Court Department of the Tax and Expropriation Court.

3. The transmission of transfer notifications can also be done in electronic form.

1. The municipality maintains the cadastral register based on the property transfer notifications from the civil law administration.

2. The municipality does not maintain its own cadastral register if it has electronic access to the data of the land register, insofar as this is necessary for the fulfillment of its legal duties.

3. Further details are regulated by the government council.

1. Fees are levied for tasks and dispositions as provided for in the Civil Code (ZGB) and in this law.

2. Reserved are compensation and reimbursement of expenses for mandate management in the child and adult protection area.

3. The government council enacts a fee schedule as well as a notarial tariff and regulates compensation in the sense of Article 416 of the Civil Code (ZGB).

4. ...

1. The Land Registry Office is responsible for maintaining the land register under the procedural guidance of the Security Directorate.

1. The Land Registry Office issues a public notice for the determination of real rights, calling upon all affected individuals to register such rights with the Land Registry Office within a period of 2 months. Likewise, the ownership itself should declare all known encumbrances.

2. The notice should be repeated at least twice at intervals of 14 days, indicating the disadvantages that may arise in case of non-registration.

1. The written submission shall contain

a. for easements and real burdens: the exact description of the right, the name and place of residence of the entitled person, the reference to the title on which the right is based, the details of the entitled and the encumbered property, the name and place of residence of the ownership of the encumbered property;

b. for mortgages: the pledge sum, the reference to the claim title, the name and place of residence of both the creditor and debtor.

2. The land registry office shall examine the submissions and request necessary supplements or attend to them itself. It must do everything necessary to present the existence of the real rights as clearly as possible.

1. After the information is corrected, it shall be recorded for each property in the provisional land register, which will be made available for inspection for 2 months.

2. During this period, a public notice shall be issued once more, requiring the involved parties to file any objections to the registration or non-registration within one month from the date of publication, under threat of forfeiting their claims against third parties.

3. Until the expiration of this deadline, any real rights that have not yet been registered can still be asserted; if this does not occur, they will be deemed nullified against all parties after a period of 5 years in accordance with Article 44, Paragraph 2, of the Final Title of the Swiss Civil Code (ZGB).

1. Consideration of unregistered rights can no longer be made against bona fide third parties according to the layout of the land register; however, it is permissible for a subsequent registration of a right not previously registered to still take place if the person concerned can assert that it was not possible for them to submit the registration in time without their fault. Real rights, whose existence can be proven under previous law but whose registration has not been completed and whose failure to register cannot be excused, therefore retain their effect among the parties for a period of 5 years, but can no longer be registered in the land register except based on a new justification.

2. On the other hand, unregistered rights where the failure to register can be excused may be registered retroactively, though again only within a period of 5 years; however, their effect against bona fide third parties only occurs with the registration, and they also receive only the date of this registration.

1. The Directorate of Security assesses the raised objections.

2. The Government Council decides on outstanding objections. It can decide both on the existence and the content of the disputed real right.

3. An appeal against decisions of the Government Council can be lodged with the Cantonal Court (Constitutional and Administrative Law Division) within 10 days.

1. The entries in the land register can take place before appeals are resolved by the cantonal court.

2. The protection of disputed real rights is ensured during the appeal process through a provisional entry.

1. For the liens registered in accordance with § 161 of this law, which are still valid, new titles shall be issued.

1. Once the establishment of the land register for a municipality is completed, it shall be enacted by the Security Directorate and announced in the Official Gazette, with a reference to the provision of the final clause of § 163 of this Act.

1. All municipalities that do not yet possess a recognized official survey shall be surveyed according to the regulations of the Federation and the supplementary decrees of the Canton.

2. This provision also applies to municipalities whose recognized surveying records no longer meet current requirements or whose land registry needs to be newly established.

3. The order and timing of the surveying of the individual municipalities shall be determined by the Government Council.

1. The Costs of Marketing shall be borne for

a. the marketing of state-owned properties by the state treasuries;

b. the marketing of municipal properties by the respective municipal treasuries;

c. the marketing of railway properties by the railway administrations;

d. the marketing of private property boundaries equally by the involved property owners.

1. The remaining residual costs of a surveying operation, after deduction of the federal contribution, are divided among the canton, municipality, and, in certain cases, the property owners.

2. The decree regulates the proportion of contribution obligations.

1. The Office for Geoinformation is responsible for the following supervisory and additional activities

a. supervision over the execution and maintenance of official surveying;

b. maintenance of location and elevation benchmarks as well as the cantonal boundaries; it may delegate third parties for this purpose;

c. coordination of the comprehensive periodic maintenance of official surveying outside settlement areas;

d. supervision and management concerning the Geographic Information System of the cantonal administration and coordination between the Confederation, canton, municipalities, and private entities; it coordinates tasks related to geodata and ensures their security.

1. Competence for the updating of the official cadastral survey lies with the municipality. It appoints a licensed surveyor and enters into a contract with the respective person.

2. The government council regulates their rights and obligations.

**1. Official Surveys**

Official surveys acquire legal validity upon their approval by the competent authority and attain the evidentiary status of public documents. Approval is granted following an examination of the official survey by the Office of Geoinformation and the completion of a submission or notification procedure directed towards the concerned property owners.

1. The Government Council issues a fee schedule for the maintenance of official surveying.

1. The offices of the cantonal administration and the municipalities are responsible for the collection, maintenance, updating, security, and deletion of their geodata.

2. They have data sovereignty over their geodata.

3. They ensure compliance with data protection in their area.

1. Existing geodata may be stored in the Geographic Information System and made available to users. They must be maintained in such a way that their existence and quality are preserved; they must be secured according to recognized standards.

2. Geodata is public, subject to special regulations. If public authorities and municipalities require geodata to fulfill their legal duties, they are permitted to use the data contained in the Geographic Information System for specific purposes and to link them.

3. The canton and municipalities may charge fees for the use of their geodata.

4. The canton and municipalities do not charge each other user fees.

5. The government council regulates the usage of geodata and its provision on the public data network.

1. When personal data is processed, the provisions of federal and cantonal data protection laws apply. The owner of a data collection must ensure compliance with data protection regulations.

2. Personal data shall only be collected to the extent necessary for the fulfillment of legal duties. If the purpose of data processing permits, personal data should be anonymized so that the individuals concerned are not identifiable.

3. Personal data may be linked with spatial data when it is required by public interest or the fulfillment of legal duties.

4. Unauthorized access to personal data or to links between geodata and personal data is not permitted. Other legal provisions remain reserved.

1. The Government Council regulates the organization of the cadastre of public-law restrictions on property ownership in accordance with Art. 16 of the Federal Act on Geoinformation (GeoIG) dated October 5, 2007.

2. It issues implementing provisions, particularly regarding the details of the procedure for recording data in the cadastre, the certification of extracts, and simple and free access to the cadastre.

3. It determines which geobase data of cantonal law within the meaning of Art. 16, para. 3 GeoIG, are subject to the cadastre.

4. The Office for Geoinformation is the authority responsible for the cadastre.

1. Private Experts within the meaning of §§ 48 para. 2, 58 para. 2, and 71 para. 1 of this Act, who violate the confidentiality obligation pursuant to § 71 para. 2 of this Act, shall be punished with a fine.

1. The certificates of competency acquired pursuant to Sections 18(2), 19, and 133 of the Act concerning the Introduction of the Swiss Civil Code (EG ZGB) dated May 30, 1911, shall continue to entitle the holder to assume or exercise an office as a notary.

1. The official notarial functions of the District Offices shall be maintained until no later than December 31, 2013. As of this date, any jurisdiction of the District Offices in public notarization shall cease, with the reservation of the authority to perform authentications.

2. The Notarial Commission shall take the necessary measures to properly conclude notarial transactions that are pending at the District Offices upon the expiration of the transitional period.

1. The livestock insurance funds and breeding cooperatives formed pursuant to Section 29, letter a of the Federal Act on the Introduction of the Swiss Civil Code (EG ZGB) dated May 30, 1911, shall continue to exist as cooperatives subject to cantonal law.

1. Institutions and corporations under cantonal law must register with the commercial register within one year after the enactment of this law.

1. The individuals elected as substitute members of the Guardianship Commission for the current term of office shall, by operation of law, acquire the legal status of regular members of the Guardianship Commission.

1. The previous boundary distance of 3 meters according to § 81 para. 2 of the Act concerning the Introduction of the Civil Code (EG ZGB) of May 30, 1911, for existing forest trees in public places in towns and in garden areas around residential houses shall continue to be governed by the previous law.

1. ...

**1. The Reorganization of Authorities in the Child and Adult Protection Sector**

The reorganization of authorities in the child and adult protection sector becomes effective on January 1, 2013. Until this date, the municipal communities shall determine the division of child and adult protection districts and establish the joint child and adult protection authorities with the assistance of the canton. In case of disagreement between the municipal communities, the government council shall regulate the district division (§ 61 paragraph 2, second sentence of this law) or the conditions for the establishment of the child and adult protection authorities (§ 34bbis paragraph 3 of the Municipal Law).

**2.**

The guardianship authorities must hand over their files on pending matters, as well as the child and adult protection measures conducted by them, to the newly competent child and adult protection authorities by December 31, 2012, at the latest.

**3.**

The government council shall decide the date of effectiveness for the provision of professional guardianship (§ 60 paragraph 3 of this law).

**4.**

The child and adult protection authorities shall, either within the year 2012, or if the provision of professional guardianship does not become effective on January 1, 2013, within the year 2013, decide on the transfer of mandates managed by the official guardianships of the canton to professional mandate holders as of the date determined by the government council (paragraph 3) (§ 60 paragraph 3 of this law). The transfer of mandates from official guardianships to persons who do not manage mandates professionally but are suitable according to Article 400 paragraph 1 of the Swiss Civil Code remains reserved.

**5.**

The official guardianships must hand over their reports on the mandates they manage to the new mandate holders.

**6.**

The term of office for the special guardianship authorities, which would end on June 30, 2012, shall continue until December 31, 2012.

1. The municipal communities shall complete all audit reports on the accounting of professional guardianships, which pertain to audits conducted during the validity period of the respective provision (§ 75).

1. The Act of September 25, 1997, on the Employment Relationships of the Employees of the Canton (Personnel Act) is amended as follows: ...

1. The Administrative Procedure Act of June 13, 1988, is amended as follows: ...

1. The Decree of March 12, 1998, on Civil Status Matters is amended as follows: ...

1. The Act Concerning the Code of Civil Procedure (ZPO) of September 21, 1961 is amended as follows: ...

1. The Notary Act of September 28, 1997, is amended as follows: ...

1. The Introductory Law of September 19, 1996, to the Federal Act on Debt Enforcement and Bankruptcy (EG SchKG) is amended as follows: ...

1. The Act of June 3, 1999 concerning the Code of Criminal Procedure (CCP) is amended as follows: ...

1. The Law of February 7, 1974, on State and Municipal Taxes (Tax Law) is amended as follows: ...

1. The Decree of September 19, 1974, on Tax and Finance Law is amended as follows: ...

1. The Spatial Planning and Construction Law of January 8, 1998 (RBG) is amended as follows: ...

1. The Police Act of November 28, 1996 (PolG) is amended as follows: ...

1. The following are repealed

a. the Act of May 30, 1911, on the Introduction of the Civil Code (EG ZGB),

b. the Decree of June 22, 1978, on Public Notarization,

c. the Ordinance of December 9, 2002, concerning Adoption and Foster Care,

d. the Decree of November 11, 1991, on Civil Status Matters.

1. The government council determines the enactment of this law.

2. The law requires the approval of the federal government.