§ 8 Act on the Introduction of the Swiss Civil Code - B. Recusal Provisions
§ 8 Act on the Introduction of the Swiss Civil Code · B. Recusal Provisions
1. A public notary must recuse themselves, subject to federal recusal provisions, in the following situations
a) in their own matters;
b)* in matters concerning their spouse, fiancée, registered partner, a person with whom the notary has a domestic partnership, relatives and in-laws in direct ascending and descending lines without limitation, as well as relatives and in-laws in the collateral line up to the third degree according to Roman calculation;
c) in matters of general and limited partnerships in which they are involved;
d) in matters of a natural or legal person for whom they are the legal representative or agent, either alone or with others.
2. In the case of voluntary auctions, the grounds for recusal relate only to the relationship between the public notary and the auctioneer.
3. In the event that a mortgage debt is assumed in a conveyance contract, the aforementioned relationships between the notary and the creditor do not constitute grounds for recusal.