1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts
Table of Provisions (16)
Statutory Text (16 Articles)
This agreement contains provisions for the execution of technical, financial, administrative, and legal orders for the continuation of proceedings concerning debt collection and bankruptcy proceedings pending on December 31, 2025, where the jurisdiction for proceedings within the meaning of Articles 46 and following of the Federal Law of April 11, 1889, on Debt Collection and Bankruptcy (DCB) is in Moutier.
1 The Bernese authorities shall transmit to the Jura authorities all data and physical files necessary for the proper conduct of administrative activities and the continuation of the processing of the concerned procedures.
2 The authorities of both cantons shall at all times communicate to each other the information necessary for their activities and shall reciprocally grant the right to consult the data and physical files of the procedures concerned by this agreement.
The costs of electronic data transmission (data migration) are allocated as follows
a) the costs of making data available and extracting it from the specialized Bernese application are borne by the canton of Bern;
b) the costs of implementation into the specialized Jura application and the subsequent data processing expenses are borne by the Republic and Canton of Jura (hereinafter: "the canton of Jura").
1 The fees and disbursements for administrative acts accrue to the canton that performed the acts in question.
2 The canton authorized pursuant to paragraph 1 is competent in terms of invoicing and collection.
3 In each case, the canton of Bern pays the canton of Jura the balance resulting from advances on costs within the meaning of Article 68 of the Debt Collection and Bankruptcy Act.
Each canton retains the documents related to debt collection and bankruptcy proceedings that it has established.
1 Each canton maintains its register of debt collection and bankruptcy, both pending and closed, separately and is responsible for it.
2 Proceedings not closed by the canton of Bern as of February 28, 2027, and transferred to the canton of Jura are recorded in the Jura debt collection register at the time of their transfer.
Each office issues a certificate of proceedings stating that for the situation prior to, or after January 1, 2026, one must request a certificate from the other office.
As of January 1, 2026, the canton of Jura will assume responsibility for maintaining the register of retention of title agreements concerning the residents of Moutier.
1. The Canton of Bern shall continue handling the enforcement proceedings pending as of December 31, 2025, until and including February 28, 2027, provided that the request to continue the proceedings was filed before November 1, 2025, and the debtor was notified of the seizure pursuant to Article 90 DEBA by December 31, 2025. If necessary, the Canton of Bern shall request assistance from the Canton of Jura pursuant to Article 4 DEBA to carry out the necessary actions.
2. In cases where a proceeding according to paragraph 1 cannot be concluded before February 28, 2027, the Canton of Bern shall transfer it to the Canton of Jura to ensure its further processing. The Canton of Bern shall inform the parties involved in the proceeding.
3. For the files pending as of December 31, 2025, in which the request to continue the proceedings was filed before November 1, 2025, and no notification of seizure pursuant to Article 90 DEBA was issued by December 31, 2025, jurisdiction shall transfer to the Canton of Jura as of January 1, 2026. The Canton of Bern shall transfer the relevant files to the Canton of Jura in accordance with Article 32, paragraph 2, DEBA, without additional charges. It shall inform the parties in the proceedings and notify the creditors that a request can be re-entered in e-DEBA within the Canton of Jura.
4. For the files pending as of December 31, 2025, in which the request to continue the proceedings was filed before November 1, 2025, and no bankruptcy notice pursuant to Article 159 DEBA was issued by December 31, 2025, jurisdiction shall transfer to the Canton of Jura as of January 1, 2026. The Canton of Bern shall transfer the relevant files to the Canton of Jura as per Article 32, paragraph 2, DEBA, without any additional fees. It shall inform the parties in the proceedings and notify the creditors that a request can be re-entered in e-DEBA within the Canton of Jura.
1 The processing of cases where the request to continue the prosecution has been filed from November 1, 2025, falls under the jurisdiction of the Jura authorities.
2 The Canton of Bern shall transfer the relevant files to the Canton of Jura pursuant to Article 32, paragraph 2, of the Debt Collection Act (LP), without additional fees. It shall inform the parties involved in the procedure and notify the creditors that an application can be re-submitted in e-LP within the Canton of Jura.
Requisitions to continue prosecution filed from November 1, 2025, following a seizure already executed within the meaning of Articles 110 and 111 LP, are reserved and remain under the jurisdiction of the authority that carried out the seizure.
**1. The Canton of Bern shall continue, until February 28, 2027, inclusive, the processing of bankruptcy proceedings in which the court has declared bankruptcy within the meaning of Article 175, paragraph 2, LP at a time set before January 1, 2026. If necessary, the Canton of Bern shall address a request for mutual assistance to the Canton of Jura in accordance with Article 4 of the LP to carry out the necessary actions.**
**2. In the event that a procedure pursuant to paragraph 1 cannot be concluded before February 28, 2027, the Canton of Bern shall transfer it to the Canton of Jura to ensure the continuation of its processing. The Canton of Bern guarantees the transfer of knowledge.**
**3. The Canton of Jura is competent for bankruptcy proceedings in which the court has established the declaration of bankruptcy at a time set after December 31, 2025. This also applies if the bankruptcy is established by a Bernese court.**
1 The requests for the realization of a pledge within the meaning of Article 154 LP that are received by a Bernese authority until October 31, 2025, fall under the jurisdiction of the canton of Bern.
2 The Bernese authorities shall forward to the canton of Jura any requests for the realization of a pledge received from November 1, 2025, onwards.
1 The Canton of Bern shall continue, until February 28, 2027 inclusive, the handling of pending proceedings as of December 31, 2025, where the order to pay for bills of exchange has already been notified in accordance with Article 178, paragraph 1, DEBT RECOVERY AND BANKRUPTCY ACT (LP).
2 When no order to pay for bills of exchange has yet been notified for the proceedings pending on December 31, 2025, the Canton of Bern shall transmit the relevant files to the Canton of Jura in accordance with Article 32, paragraph 2, DEBT RECOVERY AND BANKRUPTCY ACT (LP), without any additional fees. It shall inform the parties to the proceedings and indicate to creditors that an application may be submitted again in e-Debt Recovery and Bankruptcy Act (e-LP) in the Canton of Jura.
1. Conservatory measures, such as sequestration and inventory taking, received before December 31, 2025, and pending as of that date, fall under the jurisdiction of the Canton of Bern.
2. Legal proceedings for the validation of sequestration or inventory are handled in accordance with Articles 9 and the following.
1 Subject to paragraph 2, this agreement shall enter into force on January 1, 2026.
2 Articles 2 to 6, 9 to 11, 13, and 15 shall take effect on November 1, 2025.