170.050 SHGLRS

CH-GR

Act on State Liability (SHG) - Scope (SHG)

21 Articles / Provisions · Switzerland · Canton of Graubünden

Open official source Machine-readable Markdown (.md)

Table of Provisions (21)

Art. 1 SHG - Scope Art. 2 SHG Art. 3 SHG - Unlawful Harm Art. 4 SHG Art. 5 SHG - Satisfaction Art. 6 SHG Art. 6a SHG - 2. Judicial Court Art. 7 SHG - Reduction and Exclusion of the Claim Art. 8 SHG - Prescription Art. 9 SHG - Multiple Communities Art. 9a SHG Art. 10 SHG Art. 11 SHG - Damage to the Community Art. 12 SHG - Joint Causation of Damage Art. 13 SHG - Reduction of the Compensation Claim, Waiver Art. 14 SHG Art. 15 SHG - Prescription Art. 15a SHG Art. 16 SHG - Repeal of Enactments Art. 18 SHG - Transitional Law Art. 19 SHG - Referendum and Effective Date

Statutory Text (21 Articles)

General Provisions

Art. 1 Act on State Liability (SHG) - Scope Open official source

1. This Act applies to

a) the canton, regions, and municipalities, as well as other public law entities and their independent institutions (public entities);

b) the organs of these public entities;

c) the individuals serving these public entities while performing official duties.

2. Reserved are the liability provisions of the Code of Obligations for commercial activities as well as the specific liability provisions of other laws.

3. For claims for compensation in criminal proceedings against the canton, the provisions on state liability only apply if the claim has not been adjudicated in the criminal proceedings.

4. To the extent that this Act contains no provisions, the regulations of the section of the Code of Obligations on liability arising from unlawful acts (Art. 41 et seq.) apply.

General Provisions

Art. 2 Act on State Liability (SHG) - Definitions Open official source

1. As organs (Art. 1 para. 1 letter b), the authorities of these communities and the courts are considered.

2. Persons deemed to be serving these communities (Art. 1 para. 1 letter c) include

a) all individuals employed by these communities;

b) individuals who have been assigned tasks by these communities.

Liability of the State

Art. 3 Act on State Liability (SHG) - Unlawful Harm Open official source

1. Public Entities' Liability for Damages

Public entities are liable for damages unlawfully inflicted on third parties by their organs and persons employed in their service during the execution of official duties.

Liability of the State

Art. 4 Act on State Liability (SHG) - Lawful Damage Open official source

1. Public entities shall be liable for damages lawfully inflicted when an unreasonably severe damage is caused to an individual or a few persons, and it is not reasonable to expect the injured party to bear the damage themselves.

2. The liability of public entities for lawful actions is particularly excluded when

a) the public entities have acted commercially;

b) the injured person has, through their own actions, caused the damage.

3. Where there are special statutory provisions, these shall take precedence.

Liability of the State

Art. 5 Act on State Liability (SHG) - Satisfaction Open official source

1. The public entities are also required to assume liability for reparation payments, if the conditions for this (Art. 49 of the Swiss Code of Obligations) are met.

Liability of the State

Art. 6 Act on State Liability (SHG) - Jurisdiction and Procedure 1. Civil Courts Open official source

1. Claims arising from this law, which are not based on the conduct of the superior court or persons acting on its behalf, are adjudicated by the civil court at the seat of the defendant community.

2. The claiming party determines, with their submission to the conciliation authority, in which cantonal official language proceedings against the canton, against its public-law corporations, or autonomous institutions shall be conducted. If the language of the proceedings differs from the regional official language, the competent conciliation authority may be supplemented by a member of another conciliation office designated by the regionally competent regional court, and the competent regional court by a permanent member of another regional court designated by the superior court. The involved members possess the necessary linguistic abilities.

3. Otherwise, the procedure before the conciliation authority as well as before the regional court and the appeal to the superior court shall be conducted in accordance with the Swiss Code of Civil Procedure.

Liability of the State

Art. 6a Act on State Liability (SHG) - 2. Judicial Court Open official source

1. Claims arising from this law, which are established through the conduct of the Superior Court or its personnel, are adjudicated by the Judicial Court as the sole cantonal instance.

2. The parties must present the facts upon which they base their claims in the legal documents and specify the evidence. Facts can only be considered later under the conditions provided in Article 229, paragraphs 1 and 2 of the Swiss Code of Civil Procedure.

3. Furthermore, the procedure is governed by the Law on Administrative Justice.

Liability of the State

Art. 7 Act on State Liability (SHG) - Reduction and Exclusion of the Claim Open official source

1. If the injured party could have prevented, reduced, or remedied the damage through the use of legal remedies or appeals and has failed to do so, the court shall determine at its discretion whether and to what extent the claim is to be upheld.

2. If an order, decision, or judgment is altered in appellate or supervisory proceedings, the community is only liable for intent or gross negligence of the lower instance.

3. The community is only liable for damage resulting from incorrect information in cases of intent and gross negligence.

4. There is no state liability for damages arising from the legislative process.

Liability of the Community

Art. 8 Act on State Liability (SHG) - Prescription Open official source

1. The claim for damages becomes time-barred after one year from the day on which the injured party becomes aware of the damage and the liable party, but in any case, upon the expiration of ten years from the day of the harmful act.

2. If the action is derived from a criminal act for which criminal law prescribes a longer statute of limitations, this shall also apply to the civil claim.

Liability of the State

Art. 9 Act on State Liability (SHG) - Multiple Communities Open official source

1. If several communities have jointly caused damage to a third party unlawfully, they are liable jointly and severally.

Liability of the State

Art. 9a Act on State Liability (SHG) - Jurisdiction and Procedure in Other State Liabilities Open official source

1. Jurisdiction and Procedure for the Assertion of State Liability Claims

Jurisdiction and the procedure for asserting state liability claims that are not regulated in this law are determined according to Article 6, unless otherwise specified by special legal provisions.