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Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Subject of the Agreement

9 Articles / Provisions · Switzerland · Canton of Obwalden

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Table of Provisions (9)

Statutory Text (9 Articles)

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Art. 1 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Subject of the Agreement Open official source

1. The Supervisory Authority for Civil Status Matters of the Canton of Lucerne (hereinafter referred to as: the Supervisory Authority) performs the following functions for the Canton of Obwalden as the Civil Status Inspectorate, which federal law assigns to cantonal supervisory authorities in civil status matters

a. Supervision of the Civil Status Office of Obwalden (Art. 45 para. 1 no. 1 Swiss Civil Code);

b. Support and advice for the Civil Status Office of Obwalden (Art. 45 para. 1 no. 2 Swiss Civil Code);

c. Orders regarding the recognition and registration of foreign events (Art. 45 para. 2 no. 4 Swiss Civil Code);

d. Education and training (Art. 45 para. 2 no. 5 Swiss Civil Code);

e. First Level Support of the computerized civil registry (excluding support for technical infrastructure);

f. Rectifications and corrections (Art. 43 Swiss Civil Code and Art. 29 Civil Status Ordinance);

g. Approvals pursuant to Art. 41 Swiss Civil Code, Art. 45 Civil Status Ordinance;

h. Approval of tourist weddings (Art. 73 Civil Status Ordinance);

i. Data blocks pursuant to Art. 46 Civil Status Ordinance;

j. Technical support for the Supervisory Authority of Obwalden.

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Art. 2 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Official Acts and Administrative Assistance Open official source

1. The Canton of Obwalden expressly authorizes the supervisory authority to perform official acts within the territory of the Canton of Obwalden.

2. In performing official acts for the Canton of Obwalden, the supervisory authority uses the insignia of the Canton of Lucerne, with reference to the delegation of tasks by the Canton of Obwalden.

3. The authorities of both cantons are obliged to provide mutual administrative assistance to fulfill this agreement.

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Art. 3 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Liability Open official source

1. The Canton of Obwalden is liable pursuant to Art. 46 para. 2 of the Swiss Civil Code (ZGB) for the damage caused to third parties by the supervisory authority in the exercise of its assigned tasks.

2. The Canton of Lucerne is liable to the Canton of Obwalden under its own law for the damage that the supervisory authority has caused or inflicted upon the Canton of Obwalden in the exercise of its assigned tasks.

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Art. 4 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Participation and Reporting Open official source

1. The internal organization of the supervisory authority (in particular the regulation of signing authority), its fulfillment of tasks, and its supervision are the sole responsibility of the Canton of Lucerne.

2. The supervisory authority shall report annually to the Office of Justice on its fulfillment of tasks.

3. The supervisory authority shall immediately report significant incidents to the Office of Justice.

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Art. 5 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Financial Compensation Open official source

1. For the services listed under Article 1, which are provided by the Canton of Lucerne, the Canton of Obwalden shall annually compensate with a flat rate of 20,000 Swiss francs.

2. The supervisory authority shall levy fees for their activities from those concerned, in accordance with the Ordinance on Fees in Civil Status Matters. The collected fees shall remain with the Canton of Lucerne.

3. Services according to Article 1, letter j, which go beyond brief information, shall be additionally charged to the Canton of Obwalden at an hourly rate of 150 Swiss francs.

4. The initialization costs of 4,500 Swiss francs shall be borne by the Canton of Obwalden.

5. The calculation bases for the compensations are further detailed in the annex to this agreement.

6. The competent departments of the Canton of Lucerne and the Canton of Obwalden are authorized to adjust the flat-rate compensation in line with changes in the service volume of 5% or more, effective at the beginning of each calendar year.

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Art. 6 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Legal Protection Open official source

1. Legal protection is governed by the law of the Canton of Obwalden.

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Art. 7 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Disputes between the Contracting Cantons Open official source

1. Disputes between the contracting cantons shall be resolved through legal action before the Federal Supreme Court (Art. 120 Para. 1b of the Federal Court Act). The parties undertake to make efforts towards an extrajudicial settlement before initiating legal proceedings.

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Art. 8 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Duration and Termination Open official source

1. The agreement is valid for an indefinite period.

2. Contract adjustments require the consent of both parties.

3. The agreement may be terminated by either party annually by the end of June, effective at the end of the following calendar year, through written notification, for the first time on December 31, 2018.

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Art. 9 Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Entry into Force Open official source

1. The agreement comes into force as of August 1, 2016.

Administrative agreement on cooperation between the Cantons of Lucerne and Obwalden in civil status supervision - Subject of the Agreement

Table of Provisions (9)

Statutory Text (9 Articles)

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