Act implementing the Swiss Civil Code (LACC) - Subject Matter of the Act (EGZGB)

1. This law establishes the jurisdiction of the authorities charged with the application of federal private law.

2. It also contains the supplementary cantonal provisions pertaining to federal private law.

3. The provisions of the law regarding the administration of justice, the introductory law to the Swiss Civil Procedure Code, the cantonal labor laws, and special legislation are reserved.

4. In this law, any designation of a person, status, or function applies equally to both men and women.

1. Positions within the cantonal protection authorities are filled through a job advertisement.

2. Priority is given to employees of municipal/intermunicipal protection authorities, provided they meet the requirements of the position.

2bis By way of derogation from Article 14 paragraph 1 and Article 14a paragraph 1 letter a of the present law, individuals who do not possess the required qualifications can be appointed as president of the authority for their first appointment until they reach the statutory AHV retirement age, provided they have at least five years of experience relevant to the role.

3. Employees of municipal/intermunicipal protection authorities have no entitlement to employment.

1. The application of federal private law is entrusted either to the administrative authorities (Chapter 1.2) or to the judicial authorities (Chapter 1.3).

2. If the present law or the implementing legislation does not leave the decisions to the administrative authorities, then, subject to contrary provisions of federal law, the judicial authorities are competent.

3. In the absence of provisions in the present law regulating the procedure to be applied by the judicial authorities, they shall apply the Swiss Civil Procedure Code as cantonal law.

1. Insofar as an adjustment to new provisions of federal law is necessary, this law shall be repealed or amended by an introductory law in accordance with the cantonal constitution by the Grand Council.

1. Subject to the provisions of federal law, the Act on Administrative Procedure and Administrative Jurisdiction is applicable to civil law decisions made by administrative authorities.

2. Subject to federal law and the following provisions, any decision made by an administrative authority in the first instance or upon complaint regarding a dispute concerning civil law claims and obligations can be appealed to the civil division of the cantonal court, provided neither the administrative court appeal to the public law division of the cantonal court nor the appeal to the social security division of the cantonal court is admissible.

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1. The police authorities are responsible

a) to take or arrange the necessary security measures upon the request of the head of the family (Art. 333 para. 3 of the Swiss Civil Code) in relation to persons with intellectual disabilities or psychological disorders;

b) to receive reports of found items (Art. 720 of the Swiss Civil Code).

1. The mayor can certify the signature of a person residing in his municipality (Art. 195).

1. The Municipal Council is the competent authority for

a) the supervision of foundations that belong to the municipality according to their purpose (Art. 84 Swiss Civil Code); reserved are decisions that are exclusively to be made by the competent department;

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c) the filing of a lawsuit to contest the recognition pursuant to Articles 259 paragraph 2 and 260a paragraph 1 of the Swiss Civil Code or to contest an adoption (Art. 269a Swiss Civil Code), as well as the defense against a paternity lawsuit pursuant to Article 261 paragraph 2 of the Swiss Civil Code;

d) the prohibition of entering forests and pastures in the interest of the agriculture (Art. 699 Sec. 1 Swiss Civil Code), without impairing the decisions made by the forestry services in application of the federal and cantonal forestry legislation;

e) the enforcement of conditions in gratuitous transfers during one's lifetime or upon death, if the enforcement of these conditions is in the interest of the municipality (Art. 482 Swiss Civil Code, 246 Sec. 2 Swiss Code of Obligations).

1. The district governor is the competent authority for

a) the supervision of foundations that, according to their purpose, belong to the district or multiple municipalities within the same (Art. 84 Swiss Civil Code); subject to decisions that are exclusively to be made by the competent department;

b) the enforcement of the execution of conditions contained in gratuitous donations, either between living persons or upon death, if the execution of these conditions is in the interest of the district or several municipalities thereof (Art. 482 Swiss Civil Code, 246 para. 2 Swiss Code of Obligations);

c) the oversight of the drawing of debentures issued in series (Art. 882 Swiss Civil Code);

2. Furthermore, he may certify the signature of a person residing in one of the municipalities of his district (Art. 195).

1. The competent department shall have the following responsibilities

a) * the enforcement of ordered electronic monitoring measures according to the provision on violence, threats, or harassment (Art. 28b Swiss Civil Code);

abis) * the exercise of the powers of the supervisory authority for civil status matters within the framework of the relevant cantonal legislation (Art. 39ff Swiss Civil Code);

b) the initiation of legal action for the dissolution of a legal entity whose purpose has become unlawful or immoral;

c) * the supervision of foundations that, according to their purpose, belong to the canton or several districts of the same (Art. 84 Swiss Civil Code);

d) the amendments of the organization, purpose, or conditions of a foundation, notwithstanding the cantonal authority responsible according to its purpose (Art. 85, 86, 86a and 88 para. 1 Swiss Civil Code);

e) * the decision to file a lawsuit for annulment of marriage (Art. 106 para. 1, 1st sentence Swiss Civil Code);

f) the authorization for adoption (Art. 268 Swiss Civil Code);

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gbis) * the administrative and organizational supervision over the child and adult protection authorities (Protective Authority);

h) the enforcement of the execution of conditions contained in free contributions inter vivos or mortis causa when the execution of these conditions is in the interest of the canton or several districts (Art. 482 Swiss Civil Code, 246 para. 2 Swiss Code of Obligations);

i) the authorization to financial institutions and cooperatives to accept livestock pledges (Art. 885 Swiss Civil Code);

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jbis) * the decisions and supervision concerning matrimonial or partnership mediation services, insofar as this activity concerns individuals originating from abroad (Art. 406c para. 1 Swiss Code of Obligations);

k) the authorization to warehouse keepers for the issuance of securities for stored goods (Art. 482 Swiss Code of Obligations);

l) the recognition of benefice trusts and approval of admission conditions and house rules (Art. 522 and 524 Swiss Code of Obligations);

m) the exercise of supervisory authority over the Commercial Register (Art. 927 para. 3 Swiss Code of Obligations).

2. By published decision, the head of the department may delegate one or another of the responsibilities he holds pursuant to this article to a service office.

3. The tasks of the departments, notably organizational, implementation, and monitoring measures, may be the subject of a regulation of the Council of State, in particular to ensure the application of supplementary federal law provisions enacted by the Federal Council.

1. The State Chancellery confirms the competence of a person who is authorized to certify.

2. Furthermore, it is responsible for the certification of signatures of officials and public office holders who are themselves authorized to certify or for the apostille, which replaces the certification.

1. The State Council is the competent authority for

a) the authorization for a name change (Art. 30 para. 1 and 2 Civil Code);

b) the authorization to engage in the pawnshop business in the canton (Art. 907 Civil Code).

2. The State Council may, through a decision published in the Official Gazette, delegate its competence to a department; the administrative appeal to the State Council remains reserved.

1. The protection authorities are cantonal administrative authorities. They exercise their activities independently.

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2a. They are administratively affiliated with the department responsible for security.

2b. The associated financial expenditures are divided between the canton (70%) and the municipalities (30%).

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1. There are nine protection authorities, which are divided according to the district courts, and their locations are determined by a regulation.

2. The State Council may establish branches of the protection authorities. The modalities are regulated by a regulation.

**1.** The Protective Authority consists of a full-time president holding a master's degree in law and additional training in mediation or equivalent supplementary training, as well as two members and two deputies, appointed by the employment authority according to the Law on Personnel of the State of Valais.

**1bis.** It has one or more chambers, whose competences are defined in the internal regulations.

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**2bis.** The members and deputies possess a recognized degree from a university or a higher professional school and professional experience, particularly in the fields of psychology, education, social work, accounting, or fiduciary asset management.

**3.** The Protective Authority is supported by a clerk, who holds a master's degree in law, and a secretariat, appointed by the employment authority according to the Law on Personnel of the State of Valais.

**4.** To meet the requirement for interdisciplinarity in a specific case, the Protective Authority may involve an assessor with the necessary specific knowledge, particularly in the fields of education, pedagogy, medicine, psychology, or fiduciary asset management.

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**7.** The employment authority ensures that the members of the Protective Authority, their deputies, their clerk, and their secretariat continue their education.

**1. Members or Deputies of the Protection Authority**

Individuals may be appointed as members or deputies of the protection authority if they

a) fulfill the specific requirements of Article 14, paragraphs 1 and 2bis;

b) are not under guardianship;

c) are free from debt enforcement proceedings and relevant entries in the criminal record.

1. The President leads the protection authority, ensures its smooth operation and compliance with the principle of acceleration.

2. He represents the protection authority externally.

3. He exercises supervisory functions over staff in matters of personnel law.

4. If the President is prevented from performing duties or recuses himself, he is represented by a member.

1. Subject to the powers expressly conferred upon the President or his deputy by this law (Art. 112 para. 3) and the duties that the President may delegate to an individual member of the authority or to an assessor appointed specifically for this purpose (Art. 112 para. 4), the Protection Authority can only validly deliberate when three of its members are present.

2. If the Protection Authority cannot be constituted in a particular case, it shall be completed by ad hoc members designated by the administrative supervisory authority.

3. The assessor appointed in certain cases participates in the meeting with voting rights (Art. 14 para. 4); in the event of a tie vote, the President decides.

4. Any member of the Protection Authority who is in the minority on a decision may request that their dissent be recorded as such in the minutes.

5. The clerk participates in the meeting with an advisory capacity.

6. The Protection Authority deliberates excluding the public.

7. All decisions are signed by the President or his deputy and the clerk or his deputy.

1. The administrative and organizational supervision of the protection authorities is vested in the State Council and is transferred to the department responsible for security according to the modalities established by regulation.

1bis As part of its supervision, the supervisory authority has access to the files of the protection authorities in a non-anonymized form.

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1. The department shall issue internal regulations for the protection authorities, outlining their organization and operations while taking into account their specific characteristics.

1. The professional guardianship essentially undertakes care and administration mandates which the protection authority cannot assign to a private individual or the cantonal youth office.

2. The professional guardianship of the municipality in which the person concerned resides is responsible.

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1. The municipality or the municipal association shall, in principle, establish one or more professional guardianships per protection authority.

2. The municipality fulfills this task

a) by establishing its own professional guardianship;

b) by delegating to a recognized non-profit organization;

c) through an inter-municipal private law collaboration agreement or through a municipal association as the carrier of a professional guardianship.

3. The delegation of tasks and the inter-municipal agreements pursuant to Paragraph 2, Letters b and c, are regulated by the Municipal Law.

1. The Professional Guardianship Service comprises one or more full-time or part-time professional guardians and curators.

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3. The Professional Guardianship Service must

a) * ensure that the professional guardians and curators meet the requirements set for them, receive the instruction, advice, and support they need to fulfill their duties, and continue their education in ways that are beneficial for the execution of their mandate;

b) * guarantee the confidentiality of the processed data;

c) * have sufficient personnel;

d) * establish an internal control system;

e) * ensure that the continuation of the files of an absent guardian or curator is handled by a representative.

4. The State Council may issue recommendations regarding the internal control system to the municipalities and recognized charitable organizations.

1. The deputies and guardians of professional assistance must

a) possess the necessary skills and specific knowledge required for the exercise of their duties;

b) have the following educational qualifications

1. a degree from a university or a higher vocational school, particularly in fields such as psychology, pedagogy, social work, accounting, or fiduciary asset management, or

2. a qualification recognized as equivalent together with the required professional experience;

c) submit to the hiring authority a current debt enforcement register extract and both a current ordinary and special private extract from the criminal record. This procedure is renewed every 2 years or whenever the hiring authority deems it necessary.

2. The State Council may issue recommendations to the municipalities regarding the profile, requirements, and the number of support mandates for the deputies and guardians of professional assistance.

1. The protective authority may designate professional representatives and guardians who do not belong to a professional guardianship but to another professional institution.

2. It ensures that they possess the following training

a) a degree from a university or a higher educational institution, particularly in the fields of psychology, pedagogy, social work, accounting or fiduciary asset management, or

b) a degree recognized as equivalent with the necessary professional experience.

3. Upon appointment, it requires the submission of an extract from the debt collection register and both a regular and a special private extract from the criminal record. This procedure is renewed every 2 years or whenever the protective authority deems it necessary.

4. The protective authority inquires annually whether continuing education has been undertaken.

5. The State Council may issue guidelines for the protective authorities concerning the profile, requirements, and the number of care mandates for other professional representatives and guardians.

1. Private assistants and guardians, who have not been appointed due to special competencies and have taken on a mandate for the benefit of relatives, must complete training in child and adult protection within 6 months of their appointment. The protection authority ensures that this training, whose content and modalities are defined by regulation, is completed.

2. Upon the appointment of the private assistant or guardian, the protection authority particularly requires the submission of a debt enforcement register extract and both a regular and a special private extract from the criminal record. This process is renewed every 2 years or when deemed necessary by the protection authority.

3. The supervisory authority organizes annual further training. The protection authorities encourage private guardians and assistants to participate in these.

4. The State Council may issue guidelines to the protection authorities regarding the profile, requirements, and number of care mandates of private assistants and guardians.

1. In the case of significant movable assets of a person under protective measures, the protection authority appoints a person with special expertise as a private deputy or private guardian.

1bis In the case of significant immovable assets of a person under protective measures, the protection authority may appoint a person with special expertise as a private deputy or private guardian.

2. The State Council shall determine by regulation the asset threshold for movable assets and establish the modalities for the application of paragraphs 1 and 1bis.

3. The person with special expertise must not belong to

a) a professional guardianship;

b) any other professional institution.

1. The canton is directly liable for unlawful acts or omissions in connection with the implementation of child and adult protection measures.

2. The canton has a right of recourse against the municipality or association of municipalities responsible for professional guardianship, with or without their fault.

3. It also has a right of recourse against the organs of child and adult protection, including the persons or institutions authorized to make decisions in the area of coercive accommodation and their auxiliary persons. The law on the liability of public entities and their officials regulates the conditions of recourse.

4. The municipalities must have liability insurance for their activities within the framework of child and adult protection.

1. Subject to Article 197, only notaries are entrusted with the drafting of public deeds.

2. They are also responsible for the certification of signatures; they alone are competent to certify accounting extracts.

3. Notaries are entrusted with the safekeeping of wills that they have drawn up (Art. 504 of the Civil Code) as well as handwritten wills that they have received for safekeeping (Art. 505 of the Civil Code). The wills and inheritance contracts are reported to both the cantonal will registry and the central will register, in compliance with data protection regulations.

4. In the exercise of their official duties, they must adhere to the Notarial Act.

1. The office responsible for the enforcement of sentences and measures is in charge of the enforcement of ordered electronic monitoring measures that are imposed in accordance with the provision regarding violence, threats, or harassment.

2. The procedure provided for in the regulation on electronic monitoring applies mutatis mutandis.

1. The name change for a juvenile can only be granted after hearing their closest relatives in the ascending line.

1. The organization of authorities and districts, the training, appointment, and dismissal of civil status officers, supervision, salaries and fees, the maintenance of registers, and the services provided by municipalities and the state in matters of civil status shall be the subject of an ordinance by the State Council.

2. Additionally, the ordinance contains the implementing provisions of federal law concerning preparatory procedures and marriage ceremonies.

1. The organization of the supervisory authority for foundations, the manner of its exercise, and the schedule of fees shall be regulated by an ordinance of the State Council.

2. Foundations that are required to be registered but have not yet been entered into the commercial register may be compelled by the supervisory authority to do so.

3. The local judge shall immediately notify the competent supervisory authority when a foundation is established in a testament he has opened.

4. If there is no administration of public collective assets, the competent supervisory authority shall take the measures provided for in Article 89b of the Civil Code.

1. The bodies of legal entities that are subject to supervision must provide all useful information to the supervisory authorities.

2. In the event of non-compliance after an unsuccessful reminder, they may be punished with imprisonment or a fine in accordance with the provisions on administrative penal decisions.

1. The approval and supervision of the placement of children fall within the jurisdiction of the cantonal Youth Office in accordance with federal and cantonal legislation in this area.

2. Unless decided otherwise by the office, the placement of a child with relatives is not subject to approval.

3. The competent child protection authority decides on the placement of a child upon receiving the approval from the office.

4. The competent department grants the necessary approvals to the foster homes.

1. The cantonal youth office is the competent authority in the area of adoptive child placement.

1. The adoption application must be addressed to the competent department. In the case of the adoption of a minor child, the department decides after an investigation by the Youth Office.

2. Upon their request, the cantonal Youth Office provides consultations

a) to the adopted children in their search for their origins;

b) to the biological parents and their direct descendants in their search for information about their children or their siblings.

1. The provisions regarding the appointment and compensation of the assistant apply

a) equally to child and adult protection measures;

b) analogously to the guardian for children.

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1. The Appointment of the Support Person is governed by Article 400 and the following articles of the Civil Code.

2. If the Protection Authority does not find a suitable private individual for the mandate itself, it generally requests the competent professional support entity to propose a person who possesses the necessary skills and specific knowledge for the performance of their duties.

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3. Furthermore, any person who has an interest may challenge the election as unlawful within ten days of becoming aware of it.

4. An appeal against the new decision of the protection authority can be brought before the Cantonal Court.

5. The guardian, who rejects the election or whose appointment is contested, shall carry out the mandate until the protection authority has made a decision.

1. The protection authority decides on the compensation of the guardian and the reimbursement of necessary expenses, generally during the periodic report and account review.

2. The monthly compensation is set between 50 and 300 Swiss Francs. However, the adult protection authority may

a) set a higher compensation if the management of the mandate involved extraordinary effort or specific competences;

b) set a lower compensation if there is an evident disproportion between the service actually provided and the minimum tariff. The guardian is free to waive any compensation.

3. The provisions of the law concerning the tariff of costs and compensation before judicial or administrative authorities with regard to travel compensation and the replacement of actual or lump sum expenses apply analogously.

4. If the costs associated with compensation and expense reimbursement cannot be charged to the assets of the person concerned

a) the guardian receives, in addition to the reimbursement of expenses, 70 percent of the regular compensation;

b) the municipality of residence of the person concerned assumes the costs for the management of the mandate. The person is obliged to repay the advance payment made by the municipality as soon as they acquire new assets.

5. The compensation of the professional guardian goes to the employer, provided that the activity is conducted full-time (Art. 404 Para. 1 of the Swiss Civil Code).

6. The implementing provisions of this law are set out in the Ordinance on Child and Adult Protection of August 22, 2012.

1. The administration of guardianship is governed by the provisions of Article 405 et seq. of the Civil Code.

2. The following supplemental implementing provisions pertain specifically to asset management.

3. The administration of guardianship, irrespective of whether it involves child or adult protection measures, is subject to the same legal provisions.

1. The inventory prepared by the custodian or guardian upon assuming office (Art. 405 para. 2 Swiss Civil Code) shall be established in analogous application of Articles 98 and 99 of this law.

2. If the protection authority orders a public inventory (Art. 405 para. 3 Swiss Civil Code), Articles 106 and 108 of this law are analogously applicable.

3. If the establishment of the inventory entails special efforts, the protection authority may request the assistance of professional guardianship services.

1. The Federal Council shall issue regulations regarding the safekeeping and preservation of valuables, treasures, and important documents belonging to the affected person.

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3. The regulations issued by the Federal Council pursuant to Article 408 paragraph 3 of the Civil Code (ZGB) shall remain reserved.

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2. The public auction shall be conducted in accordance with the requirements of Article 189 of this law.

3. Before the sale, an expert appraisal must be obtained

a) for items whose appraisal listed in the initial inventory no longer appears accurate;

b) for real estate with an apparent value exceeding 50,000 francs.

4. Prior to the auction, the place, date, and time of the auction must be published. The publication must occur twice if a real estate property is being auctioned.

1. The account must show all the income and expenses of the fiscal year as well as the current asset status of the person concerned.

2. The guardian or custodian must keep all records of the account entries available for the protection authority.

3. Furthermore, the Council of State determines the formal requirements for the periodic filing of accounts and reporting by the guardian or custodian to the protection authority (Art. 410 and 411 of the Swiss Civil Code).

1. The State Council enacts the necessary supplementary provisions for the enforcement of the decisions of the protection authority.

2. It may adjust the amounts specified in Articles 31 and 35 to the national consumer price index.

1. Jurisdiction of the Judge Concerning Child Protection Measures is governed by Articles 315a and 315b of the Swiss Civil Code (ZGB).

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1. The Health Law and the Law on Hospitals and Institutions specify and regulate the appropriate facilities for the custodial accommodation of individuals who, due to a mental disorder, intellectual disability, or severe neglect, require care or treatment that cannot be otherwise provided (Art. 426 para. 1 of the Swiss Civil Code).

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1. The department to which the judiciary is attached provides the institutions and the authorized doctors with a template decision for the measures stipulated in Articles 383, 427, 430, 434, and 438 of the Swiss Civil Code (ZGB), as well as a template letter that allows the affected person or a person close to them to contact the judge (Article 385 and 439 ZGB; Article 114 paragraph 1 letter b of this law).

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1. In all cases where there is a risk of reoffending, follow-up care must be ordered upon release.

2. It is the duty of the protection authority to take the necessary measures. It acts ex officio when deciding on the release. In other cases, it acts upon the request of the institution.

3. Based on the opinion of the attending physician, the adult protection authority takes any measure deemed appropriate to prevent a relapse. It can delegate the follow-up care to a regional socio-medical center.

4. If circumstances require, the adult protection authority appoints a protective advisor whose task is to accompany the affected person and to monitor compliance with instructions through appropriate controls.

1. Outpatient treatment may replace care in an institution. It may also be part of aftercare.

2. The protective authority orders outpatient treatment based on a medical opinion.

3. Outpatient treatment may take the following forms in particular

a) Instructions for a specific lifestyle or the intake of certain medications according to medical recommendations;

b) The obligation to regularly appear before a specific health authority or undergo therapy.

4. The affected person may designate a trusted individual to support them during the duration of the treatment (analogous to Art. 432 of the Civil Code).

1. The costs of protective custody, inpatient or outpatient treatment, as well as those of follow-up care, are borne by the affected person and their health insurance.

2. Alternatively, the costs are covered by the municipality of residence of the affected person in accordance with the provisions of the Law on Integration and Social Assistance.

1. The enforcement officer maintains a public register for livestock pledges for each district.

2. Each district constitutes an administrative area.

3. Regarding the maintenance of this register, the enforcement officers are under the supervision of the district judge.

4. The State Council issues supplementary regulations concerning the organization and maintenance of the registers, as well as the fee schedule, by means of an ordinance.

1. The Canton of Valais is divided into the following six land registry districts

a) the first, consisting of the districts of Goms, Eastern Raron, Brig, and Visp, with its seat in Brig;

b) the second, consisting of the districts of Western Raron and Leuk, with its seat in Leuk;

c) the third, consisting of the district of Siders, with its seat in Siders;

d) the fourth, consisting of the districts of Sion, Hérens, and Conthey, with its seat in Sion;

e) the fifth, consisting of the districts of Martigny and Entremont and the municipalities of Finhaut, Salvan, and Vernayaz, with its seat in Martigny;

f) the sixth, consisting of the district of Monthey with the remaining municipalities of the district of St-Maurice, with its seat in Monthey.

2. The municipalities in which land registry offices are located must provide the necessary premises at their own expense.

3. If circumstances require, the State Council may change the composition of the land registry districts by decree.

4. In each district, the establishment of the land register is carried out by municipalities.

1. At the seat of each district, there is a land registry administrator, one or more deputies, and clerical staff proportional to the size and importance of the district.

2. The land registry administrators manage the land registry office, which is organized according to the implementation provisions of a State Council regulation.

1. Supervision of the land registry administrators and their deputies is the responsibility of the competent department.

2. The Council of State appoints a land registry inspector tasked with overseeing the management of the various registers, supporting and advising the land registry administrators and their deputies.

3. The Council of State establishes regulations concerning the supervision and inspections of the land registry.

1. Appeals against decisions of the land registry officer must be submitted to the Council of State within 30 days.

2. An appeal against a decision of the Council of State must be submitted to the public law division of the Cantonal Court within 30 days.

3. The Council of State adjudicates on appeals in the disciplinary area (Art. 68 para. 1).

1. Surveying, triangulation, and demarcation work and the transfer of such work are the subject of a special law.

1. Only engineer-surveyors who hold the federal surveyor's patent are authorized to carry out surveying and marking work, unless otherwise provided by law.

2. The State Council shall issue regulations by ordinance regarding the compensation of engineer-surveyors who are entrusted with public tasks.

1. The property owner must permit the installation of survey markers in accordance with the legislation on official surveying.

2. The owner or holder of a real right who is disturbed by the presence of a survey marker may request its relocation at their own expense.

1. All activities related to the maintenance of the land register are subject to fees, which are determined by a regulation of the State Council.

2. Transfers of property within the framework of land improvements or in the execution of Article 57 of the Federal Act on Rural Land Rights are exempt from the fee. The State Council may, by regulation, exempt other property mutations that are of public utility from the fee.

1. Notaries are ex officio obligated to request the registration of the deeds they have executed in the land register.

1. The perimeter of areas with permanent ground movements within the meaning of Article 660a of the Swiss Civil Code (ZGB) is determined in accordance with the provisions of the law on official land surveying.

2. It may also be established within the procedure provided for in the legislation on agriculture and other measures in favor of agriculture (Article 703 paragraph 3 of the Swiss Civil Code).

1. The State Council regulates the maintenance of the land register, including cadastral maps, by means of an ordinance, insofar as these are not subject to federal provisions or special cantonal provisions.

2. It determines, in particular, the technical means for maintaining the land register, subject to approval by the competent federal authority.

1. A commission responsible for executing the tasks provided for in Articles 201, 210 paragraph 1 letter b, and 212 of the Swiss Civil Procedure Code for the entire canton is established.

2. The commission is based in Sion. It may hold its meetings in any location within the canton.

3. The commission is also responsible for

a) the creation of official forms for termination, justification of rent increases, and unilateral amendments of the contract;

b) the provision of these forms at municipal offices and ensuring they are available there in sufficient quantity;

c) the annual publication of the composition of the commission;

d) drafting the report for the Federal Department of Economic Affairs.

1. The Commission consists of a President, two Vice-Presidents, who typically hold a university degree in law, and twelve assessors. They are appointed by the Council of State.

2. Landlords and tenants are represented in the Commission on an equal footing by their associations or other organizations that pursue similar interests.

3. The assessors are summoned in rotation.

4. The Commission deliberates and makes legally valid decisions when five members are present, including the President or a Vice-President. Several chambers can convene simultaneously.

5. The President or a Vice-President and at least four assessors must be proficient in the German language.

6. The Commission may delegate the authority to make investigative decisions or conduct evidence collection to the President or one of the Vice-Presidents.

7. The secretariat and registry of the Commission are provided by the responsible department.

1. The exchange of written submissions and the oral applications of the parties or their representatives may be conducted in German or French.

2. The Commission issues its communications, decisions, or judgments in the common language of the parties, provided that language is either German or French. In the absence of a common language, the language of the tenant or lessee takes precedence, provided that this language is one of the two official languages. In all other cases, the Commission decides.

1. The professionally qualified representatives are authorized to represent the parties before the conciliation authority.

1. The jurisdiction of the municipal judge includes

a) the inventory of assets subject to a usufructuary substitution (Art. 490 Swiss Civil Code, Art. 100 of the present law);

b) the receipt of oral testamentary dispositions (Art. 507 Swiss Civil Code);

c) the sealing of estate assets (Art. 552 Swiss Civil Code, Arts. 102 to 104 of the present law);

d) the estate inventory (Art. 553 Swiss Civil Code, Arts. 100 and 101 of the present law);

e) the administration of the estate (Art. 554 Swiss Civil Code);

f) the opening of wills and inheritance contracts, as well as issuing certificates of inheritance, after consultation of civil status registers (Arts. 556 to 559 Swiss Civil Code);

g) representing a creditor during the division (Art. 609 para. 1 Swiss Civil Code);

h) the official designation of experts to determine the imputed value of real properties (Art. 618 Swiss Civil Code);

i) the granting of permission for public auctions of found items in cases of Article 721 paragraph 2 Swiss Civil Code;

j) * the notification procedure (Arts. 258 to 260 Swiss Code of Civil Procedure).

2. Furthermore, the municipal judge participates in the procedure for the redemption of mortgage rights (Arts. 828 ff. Swiss Civil Code) and in public auctions (Arts. 236, 435 Swiss Code of Obligations) in accordance with the provisions of the present law (Arts. 176, 188).

1. The application for a declaration of disappearance must be submitted in writing and with justification. If the procedure is to be conducted ex officio (Art. 550 CC), the asset manager of the missing person or the administrator of the estate to which the missing person is entitled is responsible for submitting the application.

2. The district judge shall issue the notice provided for in Article 36 paragraphs 2 and 3 of the Civil Code if the applicant appears entitled to submit the application and the period stipulated in Article 36 paragraph 1 of the Civil Code has expired.

3. This decision shall be published at the last place of residence of the missing person, or if they have no residence in Switzerland, in their home municipality. The notice shall also be published three times at intervals of three months each in the official gazette of the Canton of Valais. The deadline stipulated in Article 36 paragraph 3 of the Civil Code begins to run from the first of these publications.

4. During the proceedings, the district judge shall take the necessary measures to secure the assets of the missing person and seek any dispositions upon death.

1. The order of summons is revoked and the petition for a declaration of presumed death is rejected if the missing person comes forward, the time of their death is proven, or if the court receives news about them.

2. If the summons remains without success, the district judge pronounces the declaration of presumed death, which is published in the municipality of residence, or if unavailable, in the municipality of origin and in the official journal of the Canton of Valais.

3. If the dissolution of marriage is pronounced simultaneously with the declaration of presumed death, the dissolution does not become the subject of publication.

1. The transfer of possession shall be pronounced by the district judge upon the application of the entitled parties, who can adequately prove their claim to the inheritance, following the publication of the declaration of presumed death and by providing the adequate securities as prescribed by the Civil Code.

2. The preparation of the inventory of the estimated assets of the missing person shall precede the transfer of possession.

1. The divorce judge establishes a representative guardianship in cases provided by federal law (Art. 299 CPC).

2. He transmits his decision, once it becomes legally binding, to the competent guardianship authority for the appointment of a guardian.

3. He determines the remuneration of the guardian in his judgment analogous to the provisions regarding the granting of compensation; if one of the parties has received legal assistance, he may reduce the remuneration of the guardian by a maximum of 30 percent. He decides on the imposition of these costs; in the event of the debtor's insolvency, the state treasury advances the costs and ensures their collection.

4. ...

1. In the case of Articles 195a, 581, and 763 of the Civil Code, the inventory is prepared under the supervision of the district judge by a notary designated by the judge for this purpose.

2. The inventory is a public record in which every item or group of items is specifically designated with a serial number and an assessed value.

1. The liabilities and assets shall be recorded separately.

2. Movable items shall be recorded first, followed by immovable items.

3. Documents and claims, as well as the content of accounting and business books, shall be recorded separately.

4. Properties and property rights shall be recorded in the inventory with their local designation. Parcels shall also be specified by area and category.

5. Items located outside the canton, those in the possession of third parties, or items claimed by third parties, shall be designated as such.

6. Otherwise, the provisions concerning the public inventory shall remain reserved (Art. 105 et seq.).

1. If necessary, the valuation of the items shall be carried out in collaboration with one or more experts.

1. The municipal judge is responsible for preparing the inventory as provided in Articles 490 and 553 of the Civil Code.

2. The inventory contains the list of assets and liabilities of the estate.

3. It is prepared summarily in accordance with the principles of Article 97, paragraph 2.

4. The municipal judge, assisted by a notary, prepares the inventory, if possible, in the presence of the parties involved.

5. The inventory is delivered to the competent authorities and to the heirs or legatees who request it.

1. The Inventory of the Inheritance is created in cases provided for by federal law (Art. 490 and 553 of the Civil Code), as well as

a) in the event of the transfer of possession of the inheritance of a missing person or in the case of an inheritance or part of an inheritance that has fallen to a missing person (Art. 96 Para. 2);

b) in the event of estate administration (Art. 554 of the Civil Code).

1. The municipal judge, assisted by a notary public, is responsible for the sealing in the following cases

a) when a minor heir is under guardianship or is to be placed under guardianship (Art. 553 para. 1 no. 1 Swiss Civil Code);

b) when an heir is permanently absent and unrepresented (Art. 553 para. 1 no. 2 Swiss Civil Code);

bbis) when an adult heir is under full guardianship or is to be placed under guardianship (Art. 553 para. 1 no. 4 Swiss Civil Code);

c) when it is uncertain whether the deceased has left any heirs or not all heirs of the deceased are known;

d) when an heir or legatee demands it; in the latter case, only the object of the legacy is subjected to sealing.

e) when it is requested by the district judge or by the Child and Adult Protection Authority.

2. The heirs and relatives of the deceased are obliged, under personal liability, to inform the municipal judge of the existence of the cases specified in the foregoing subsections a, b, bbis, and c.

1. The judge seals, if necessary in the presence of the deceased's household members, the identification documents, securities, certificates, cash, and valuables. He temporarily leaves to the persons who lived in a household with the deceased the food and household items necessary for their maintenance.

2. The actions are recorded in a protocol.

3. The seals are applied notwithstanding any objections. The ownership claims of third parties are noted in the protocol.

4. The keys to the sealed locks remain in the judge's custody until unsealing.

1. Seals are removed on the occasion of taking the inheritance inventory.

2. If no inventory is taken, the unsealing takes place as soon as circumstances permit, either ex officio or upon request.

3. If the judge discovers signs of fraud or seal breaking during the unsealing, he drafts a report and informs the criminal judicial authority.

1. The following provisions are applicable to the procedure of the public inventory under Articles 580 and following of the Swiss Civil Code (ZGB) as well as the inventory in the event of inheritance accrual to the public community (Article 592 ZGB).

2. The district judge, upon whom a public inventory is requested within the statutory period or an extended period for important reasons, takes the necessary protective measures for the preservation and management of the inheritance.

1. The inventory shall be prepared in accordance with Articles 583 and 591 of the Civil Code and Articles 97 to 99 of this Law.

2. The list of liabilities shall be supplemented or amended in accordance with the registrations.

3. The real and personal securities granted by the deceased to third parties shall be listed separately in the inventory of assets.

4. The rights that encumber the deceased's real estate must be listed separately.

5. The inventory shall be supplemented by the extract from the land register, the cadastral extract with the list of incumbrances, the accounting documents, and all other useful documents.

1. Until the heirs' declaration and subject to official administration, the notary who prepared the inventory manages the estate in accordance with the legal provisions (Art. 585, 586, 588 Swiss Civil Code).

2. Movable items that might be easily destroyed, cash, and securities are to be stored in a secure place after being listed in the inventory or entrusted to a person designated by the district judge for safekeeping.

3. Items whose storage is expensive, detrimental to the entitled parties, or subject to rapid deterioration or quick depreciation shall be publicly auctioned, sold offhand, or liquidated by the administrator or the notaries who prepared the inventory, with the explicit approval of the district judge.

4. In consideration of the circumstances, the district judge takes the necessary measures to preserve the testator's business; in doing so, he considers the number and competence of the individual heirs as well as the interests of the creditors.

1. The Notice to Creditors under Articles 582 and 595 of the Civil Code indicates that creditors must register the nature and amount of their claims, together with any relevant documentation, within a specified time frame. It also requires debtors of the deceased to register their debts within the same time frame.

2. It will be published simultaneously in three consecutive issues of the Official Gazette of the Canton of Valais.

3. The district judge may grant the Notice to Creditors greater publicity.

1. The notary who has prepared the inventory ascertains the expiration of the registration period and promptly forwards his report to the judge.

2. The district judge then requests each heir to declare their acceptance of the inheritance within a month. At the same time, he informs them that silence will be considered as acceptance of the inheritance under a public inventory.

3. Applications for extension of the deadline must be submitted in writing and with justification. If the extension of the deadline depends on the resolution of a disputed claim of interest to the heir, he grants them a deadline for filing a lawsuit.

1. The application for official liquidation is made in writing; the creditor must also state the reasons.

2. The district judge decides promptly on this application, after hearing the parties involved. The judge, who must be notified by the administrator (Art. 193 para. 1 no. 2 DEBA), orders the liquidation of the estate by the bankruptcy office according to the provisions of bankruptcy law, if it becomes apparent during the proceedings that the estate is insolvent.

3. Upon request and after hearing the parties involved, the district judge may designate an administrator other than the notary who prepared the inventory for the liquidation or, upon a written request from a legatee, order the security measures according to Article 594 paragraph 2 of the Swiss Civil Code.

4. Creditors and debtors are exempt from re-registration if the official liquidation is ordered after the public inventory is taken; the existing inventories are merely supplemented.

5. Articles 98, 105, 106, and 108 of the present law are applicable to official liquidation.

1. The ordinary protection authority is a cantonal authority (Art. 13).

2. ...

1. Subject to the cases enumerated in paragraphs 3 and 4, the protective authority renders its decisions as a collegiate authority (Art. 440 para. 2 Swiss Civil Code). This applies particularly in the following cases

a) Ordering, amending, and revoking measures under Arts. 306 et seq. and 324 et seq. of the Swiss Civil Code for minors, 390 et seq., and 426 et seq. for adults;

b) Granting consent to the adoption of a child under guardianship (Art. 265 para. 3 Swiss Civil Code) and deciding on applications to waive a parent's consent to a child's adoption (Art. 265d para. 1 Swiss Civil Code);

c) * Orders concerning personal contact (Arts. 275 para. 1, 134 para. 4, 298d para. 2, and 301a paras. 2 and 5 Swiss Civil Code);

d) Decisions regarding the right of parents without parental custody to receive information (Art. 275a para. 3 Swiss Civil Code);

e) * Decisions on parental custody in the cases of Articles 134 para. 3, 296 para. 3, 297 para. 2, 298b, 298d para. 1, 301a para. 5, and 311 para. 1 no. 1 Swiss Civil Code;

f) Ordering or amending child protection measures in cases of Article 315a para. 3 and 315b para. 2 Swiss Civil Code;

g) Restriction or withdrawal of the power of representation in the context of personal provision and measures by law, as well as related guardianship (Arts. 368 para. 2, 373 para. 2, and 381 Swiss Civil Code);

h) Decision on complaints according to Article 419 Swiss Civil Code;

i) Statements or reconsiderations on all complaints against decisions of the protective authority as a collegiate authority or one of its members (Art. 450d Swiss Civil Code);

j) Periodic review of a welfare placement (Art. 431 Swiss Civil Code).

2. In the case of unanimity, the protective authority can decide by way of circulation if it waives the hearing of the affected person by the college because it deems it disproportionate, the affected person refuses, or the hearing proves impossible for other reasons.

3. The exclusive competence of the president of the protective authority or their deputy includes

a) Reporting a foundling to the civil registry office (Art. 7 para. 2 let. b and 10 Civil Status Ordinance);

b) * Approval of maintenance agreements (Arts. 287 paras. 1 and 2, 288 para. 2 no. 1 and 134 para. 3 Swiss Civil Code) or receipt of the parents' joint declaration (Art. 298a para. 4 Swiss Civil Code);

c) Application to the judge for the rearrangement of parental custody (Art. 134 para. 1 Swiss Civil Code);

d) Request to the competent court to appoint a counselor for the child in a matrimonial proceeding (Art. 299 et seq. Swiss Code of Civil Procedure);

e) Acceptance and registration of parental consent to the adoption of their child (Art. 265a para. 2 Swiss Civil Code);

f) Appointment of a guardian for the unborn child if necessary to protect its interests (Art. 544 para. 1bis Swiss Civil Code);

g) Ordering provisional measures in cases of special urgency (Art. 445 para. 2 and 314 para. 1 Swiss Civil Code);

h) Designation of the child's counselor or guardian (Art. 299 et seq. Swiss Code of Civil Procedure and 327c para. 2 Swiss Civil Code) and the adult's counselor (Art. 400 para. 1 Swiss Civil Code);

i) Assigning a task to a third party or appointing a suitable person or agency (Art. 392 nos. 2 and 3 Swiss Civil Code);

j) Granting or refusing consent to actions by the legal representative (Arts. 327c para. 2, 374 para. 3, 416, and 417 Swiss Civil Code);

k) Exemption from duties within the scope of conducting guardianship by relatives (Arts. 420 and 327c para. 2 Swiss Civil Code);

l) Delegation of the competence for the discharge of a person to the institution in the case of a welfare placement (Art. 428 para. 2 Swiss Civil Code);

m) Approval or disapproval of accounts submitted for their review (Arts. 318 para. 3, 322 para. 2, and 324 para. 2 Swiss Civil Code; Arts. 327c para. 2, 368 para. 2, 415 para. 1, and 425 para. 1 Swiss Civil Code);

n) Information about the existence of an adult protection measure (Art. 451 para. 2 Swiss Civil Code).

4. For this purpose, the president may delegate the following competencies to a single member of the authority or a delegated associate

a) Inviting parents to mediation (Art. 314 para. 2 Swiss Civil Code);

b) * Responsibility for taking measures to protect the child's assets in the cases of Articles 318 to 322 Swiss Civil Code;

c) Determining the validity, acceptance, interpretation, and addition of a mandate for care (Arts. 363 and 364 Swiss Civil Code);

d) Responsibility to intervene when the interests of the person are endangered in the context of personal provision or by measures by law, subject to restriction or withdrawal of representative powers and establishment of guardianship (Arts. 366, 367, 368, 373, 376, 381, 385, and 386 Swiss Civil Code);

e) Searching for suitable persons to take on a mandate as a guardian or custodian (Arts. 400 paras. 1 and 2; 327c para. 2 Swiss Civil Code);

f) Responsibility to ensure that the guardian or custodian receives the required instruction, advice, and support to fulfill their duties (Arts. 400 para. 3 and 327c para. 2 Swiss Civil Code);

g) * Responsibility for assisting in the preparation of an inventory when a guardian or custodian commences and ordering a public inventory if justified by circumstances (Arts. 405 paras. 2 and 3 Swiss Civil Code);

h) Notification to debtors about the existence of guardianship which limits a person's capacity to act (Art. 452 para. 2 Swiss Civil Code);

i) Notification to the civil status office about the existence of comprehensive guardianship or a mandate for care (Art. 449c Swiss Civil Code);

j) Preliminary examination of accounts submitted to the protective authority for approval and review of reports submitted to the protective authority (Arts. 318 para. 3, 322 para. 2, and 324 para. 2 Swiss Civil Code; 327c para. 2, 368 para. 2, 415 para. 1, and 425 para. 1 Swiss Civil Code);

k) Application for the preparation of an inventory in the context of succession (Art. 553 para. 1 no. 3 Swiss Civil Code).

5. The clerk participates with an advisory vote in collegial or individual decisions and signs them together with the president, their deputy, the delegated member, or the associate.

6 ...

7 ...

8 ...

9 ...

1. If a person suffers from a mental disorder and there is imminent danger, the doctors involved in an emergency organization are authorized to order protective custody. This can occur for an indefinite period, but it must not exceed six weeks (Art. 429 para. 1 of the Civil Code).

2. Subject to a new decision made by the guardianship authority to the contrary, the facility is responsible for the discharge in these cases (Art. 429 para. 3 of the Civil Code).

3 ...

4. ...

1. The competent appeals instance is

a) * the Protection Authority for complaints against actions and omissions of the assistant, the guardian, or a third party or entity entrusted with a mandate by the Protection Authority (Art. 419 Swiss Civil Code);

b) a specialized judge appointed by the Cantonal Court for appeals based on Article 439 Swiss Civil Code;

c) the Cantonal Court for complaints

1. against appeal decisions of the Protection Authority (Art. 114 para. 1 let. a),

2. against provisional measures (Art. 445 para. 3 Swiss Civil Code),

3. against decisions of the specialized judge in appeals based on Article 439 Swiss Civil Code,

4. against other decisions of the Protection Authority (Art. 450 para. 1 Swiss Civil Code).

2. Complaints to the Cantonal Court can be adjudicated by an individual judge.

3. These appeal routes apply analogously to child protection.

1. The Cantonal Court reports the final decisions it makes in the area of child and adult protection to the administrative supervisory authority in a non-anonymized form.

2. Exempt from the reporting obligation under paragraph 1 are

a) Interim decisions, including those concerning legal aid;

b) Decisions of non-admission;

c) Decisions of dismissal.

1. Local jurisdiction is determined by

a) Article 315 of the Swiss Civil Code (ZGB) for child protection measures;

b) Article 442 of the Swiss Civil Code (ZGB) for adult protection measures.

2. The authority responsible for the appointment of a guardian (Art. 327a ZGB) or a custodian (Art. 400 and 327c para. 2 ZGB) is the protective authority at the domicile of the affected child or adult.

1. In the case of Article 439 paragraph 1 number 1 of the Civil Code (ZGB), the jurisdiction is located at the residence of the affected person.

2. For the cases of Article 439 paragraph 1 numbers 2 to 5 of the Civil Code (ZGB), the jurisdiction is located at the seat of the institution.

1. The jurisdiction for complaints pursuant to Article 419 of the Civil Code is located at the seat of the protection authority.

2. The jurisdiction for complaints pursuant to Article 445 paragraph 3 and Article 450 paragraph 1 of the Civil Code is located at the seat of the Cantonal Court.

1. The cantonal and municipal administrative authorities and the courts are obliged to provide the protection authority with the required documents free of charge and to furnish the necessary information, unless protected interests oppose this.

1. The procedure before the protective authority is governed by Article 443 et seq. of the Swiss Civil Code (ZGB). These provisions apply mutatis mutandis to proceedings concerning child protection (Art. 314b para. 1 ZGB).

2. In cases of involuntary commitment by a doctor, the procedure is governed by Article 430 et seq. ZGB. This provision applies by analogy to the placement of a child in a closed institution or a psychiatric clinic (Art. 314b para. 1 ZGB).

3. The procedure before the judicial complaint authority in child and adult protection is governed by Article 450 et seq. ZGB. These provisions apply analogously when approaching the court concerning measures for the restriction of personal freedom if these have not been approved by a court (Art. 439 para. 3 ZGB).

4. The provisions of international conventions remain reserved.

5. ...

6. ...

7. ...

1. The provisions of the Federal Code of Civil Procedure shall apply mutatis mutandis, subject to

a) Procedural provisions of the Civil Code (Art. 117);

b) Procedural provisions of cantonal law (Art. 118a et seq.).

2. ...

3. ...

4. ...

1. The procedure before the protection authority is initiated by

a) the submission of an application;

b) a report that is not obviously unfounded;

c) the invocation of the protection authority in the cases provided for by the Civil Code;

d) initiation ex officio.

2. The procedure is considered to be initiated ex officio when the protection authority notifies the affected persons or when it takes steps towards third parties.

3. Lis pendens results in the competence remaining until the conclusion of the procedure. Excepted is the case of assignment to another authority in the event of a positive conflict of competence.

1. The composition of the protection authority is announced in the summons. It must remain unchanged for the entire duration of the proceedings, except in the case of extraordinary circumstances.

2. If a change in the composition of the authority occurs during the proceedings, the affected person may request a new hearing, but the existing records remain part of the dossier.

3. Furthermore, the summons is governed by Article 133 et seq. of the Civil Procedure Code, which applies by analogy.

1. The President or his deputy submits the result of his preliminary investigations to the protective authority, which decides whether the procedure will be continued or discontinued. Article 112 paragraphs 3 and 4 of this Act remain reserved.

2. If the procedure is continued, he establishes the facts of the case, collects the necessary evidence, and submits a draft decision to the protective authority.

3. The clarifications and certain procedural actions may be assigned to an associate judge, a suitable third party, or a specialized agency.

4. The procedure must be expedited, and the court holidays do not apply.

5. Otherwise, the procedure follows the principles of Article 446 paragraphs 3 and 4 of the Swiss Civil Code.

1. The protective authority shall take the necessary provisional measures for the duration of the proceedings (Art. 445 para. 1 of the Swiss Civil Code).

2. The president or his deputy shall take the urgent provisional measures (Art. 445 para. 2 of the Swiss Civil Code).

3. Except when there is imminent danger, the decision must be justified in writing.

4. An appeal can be filed against the decision within ten days of its notification (Art. 445 para. 3 of the Swiss Civil Code). However, the legally protected interest in such an appeal ceases if the urgent decision is revoked.

1. The affected person shall be heard in person, unless the protective authority deems this disproportionate, the person opposes the hearing, or other reasons make it impossible, such as when there is imminent danger. The protective authority may require the affected person to appear, if necessary, through the use of coercion.

2. The essential elements of the hearing must be recorded in a protocol.

3. The hearing may be conducted by one of the members or by another suitable person if the decision that must be made permits this. However, the affected person may request a hearing by the collegiate body.

4. In the case of protective custody, the affected person is usually heard by the collegiate body of the protective authority (Art. 447 para. 2 Swiss Civil Code).

5. The hearing of the child is governed by Article 314a of the Swiss Civil Code.

3. Determination of Incapacity as a Requirement for the Effectiveness of Personal Precautionary Measures (Art. 360 et seq. Swiss Civil Code) or of Measures Mandated by Law (Art. 374 Swiss Civil Code) is Generally Conducted by a Medical Certificate.

1. The recognition of paternity is effected through a personal declaration before the judge handling the paternity lawsuit. It is communicated to the civil status authorities as provided for in federal law, the mother, the child, or if the child has died, its descendants, as well as the communities of origin and that of the child's place of residence.

2. The same notifications are to be carried out by the municipal judge on the occasion of the opening of a testamentary disposition which contains a recognition of paternity.

1. Judicial deposit is ordered upon request if permitted by law. The request contains a summary of the facts of the case and the reasons for the deposit.

2. It is ordered in ongoing legal proceedings by the judge assigned to the matter, or by the judge competent according to special provisions. In other cases, the deposit is ordered by the district court.

1. The deposit is communicated to the other party involved in the legal relationship. The judge determines the location and modalities of the deposit.

2. The judge orders, ex officio, all necessary security measures for the safekeeping of valuable or fragile items in a secure location.

1. Under the circumstances provided for by law, the judge who ordered the deposit is also responsible for the sale of the item.

2. He/She notifies the other party involved in the legal relationship in advance.

1. The Cantonal Deposit Office for Rents is the Valais Cantonal Bank.

1. Unless otherwise specified in this Act, the general principles of the Swiss Civil Code and the Code of Obligations apply as supplementary Valais civil law.

2. ...

1. If the present law does not conclusively regulate a legal matter that federal law has transferred to cantonal law, the customary law and local usage existing in the different parts of the canton shall remain valid.

2. The customary law and local usage are applied ex officio by the judge. If a local usage is not evident, the judge may impose the burden of proof regarding it on the party asserting it.

3. If the law itself determines the local usage in the sense of Article 5 paragraph 2 of the Swiss Civil Code, the proof of a contrary usage is always permissible.

1. Commons associations, such as alpine, forest, spring and water, or land-sharing associations and similar bodies, are governed by cantonal civil law, insofar as they do not arise from the Law on Agriculture or the municipal entities.

2. These bodies are regulated

a) by their statutes and regulations approved by the Council of State, subject to mandatory legal provisions;

b) by the present law, and where applicable, by local customs;

c) subsidiarily, by the provisions of the cooperative, which are applied as supplementary cantonal law.

1. The common land cooperatives and other joint ownership associations obtain their legal personality with the approval of their statutes or regulations by the Council of State. Approval is granted only if the purpose of the society does not require a commercial or manufacturing structure, as is characteristic of entities governed by federal private law.

2. The same applies to new societies or joint ownership associations arising from merger or absorption.

3. Approval can only be refused for important reasons, particularly if the statutes and regulations do not contain the necessary provisions for the management of the corporation. The refusal of approval cannot be contested by civil or administrative means.

4. Approval may be granted, subject to the amendment of one or more provisions within a specified period.

1. The commons associations and other joint ownership entities are dissolved

a) in accordance with the statutes;

b) through a decision of the general assembly that conforms with the statutes;

c) by a court judgment, if partners representing more than ten percent of the shares request it for legitimate reasons; the judge may alternatively choose another solution that is adapted to the circumstances and acceptable to those involved.

2. The liquidation is carried out in accordance with the principles applicable to the cooperative; only a single call to creditors is made. The balance of the assets is distributed to the partners according to their shares unless otherwise stipulated by the statutes or regulations.

1. The corporate purpose of utilizing alpine pastures, forests, wells, and water conduits cannot be altered.

2. The corporate assets which are the subject of this utilization cannot be sold or encumbered in such a way that the utilization is hindered or excessively impaired.

1. Each partner possesses, subject to contrary provisions of the statutes, a membership right, which includes a beneficial interest in the partnership assets.

2. Each partnership maintains a register of the partners.

3. If the rights of the partners pertain to the use of alpine pastures or water or other comparable rights, the voting right at the general meeting is proportional to the value of the shares, subject to a contrary statutory provision.

4. The statutes may grant only certain partners the right to participate in the general meeting and other partnership rights (Divided). The Undivided retain their right to be informed about the management.

5. The legal status of a partner, whether Divided or not, cannot be impaired by a decision of the partnership.

6. Each Divided or Undivided partner has the right to legally challenge resolutions of the partnership that are contrary to law, custom, or statutes within two months of their communication.

1. Each partner may freely dispose of their share within the framework of the law and the articles of association.

2. The transfer requires the written form, subject to public authentication if the rights are registered in the land registry. Otherwise, the transfer is recorded in the partners' register.

3. The provisions of federal civil law remain reserved if the transferred part belongs to an agricultural enterprise (Art. 5 lit. b of the Federal Act on Rural Land Rights).

1. The liability of institutions and public-law bodies of the canton and municipalities is governed by the Law on the Liability of Public Entities and their Officials.

2. Within the scope of this law, it is also applicable for the execution of tasks for which federal law prescribes a special liability regulation.

1. The canton is directly liable for unlawful acts and omissions of the civil status offices and the commercial register, without prejudice to the possibility of a direct claim against the responsible official under federal law.

1. The first of May or the first of November is the customary local spring or autumn term on which a farm or viticulture operation managed as the entire property may be terminated.

1. In the absence of heirs, an estate opened in the Canton of Valais shall devolve half to the canton and half to the municipality of the last residence of the deceased.

1. In the area of inheritance distribution, Articles 862 and 863 of the Valais Civil Code remain in force as expressions of established local customs, and they have the following wording

Art. 862

In the formation of lots, one should, as much as possible, avoid the fragmentation of real estate; moreover, care should be taken that each lot contains, as much as possible, the same number of movables, properties, rights, and claims of the same nature and value.

Art. 863

The inequality of lots in kind is compensated by the addition of debts or money.

1. Components According to the Valais Local Custom within the Framework of the Swiss Civil Code

a) objects that are in any way connected to a building and cannot be removed without breaking or damaging themselves or the part of the building to which they are attached;

b) embedded, sunken, fixed, or otherwise permanently connected to the ground such as wells, water tanks, water pipes, manure pits, enclosures, and similar items, as well as installations designed exclusively for a property such as doors, windows, storm windows, shutters, keys, irrigation systems, well and pit covers, and similar items;

c) on industrial grounds, objects connected to the building, such as water wheels, turbines, machines, dynamos, elevators, steam boilers, fans, etc.

1. According to the Walliser local custom within the framework of the Swiss Civil Code, the following items are considered as accessories

a) Movable objects that the owner has permanently connected with a building plot, such as keys, mirrors, paintings, and other decorations of a dwelling;

b) Statues, even if not affixed, if they are placed in a specially designed niche for their placement;

c) On industrial land, all equipment serving the operation, such as hotel furniture, motors, and other machinery, provided they are not already part of the building;

d) Fertilizer present on an agricultural estate intended for its cultivation and tree and vine stakes once they have been used, but not livestock belonging to an agricultural operation.

1. Insofar as he does not construct a wall or counter-wall on his land to prevent damage to the neighbor, no one may erect

a) Wells, cisterns, cesspits, or any excavation harmful to the neighbor at a distance of less than two meters from the boundary wall, whether it is communal or entirely owned by the neighbor;

b) An incineration plant at a distance of less than one meter from the boundary wall, whether it is communal or entirely owned by the neighbor;

c) A storage or discharge of corrosive material at the boundary wall, whether it is communal or entirely owned by the neighbor.

2. The landowner who wishes to excavate the ground wholly or partly must maintain a distance to the boundary of the neighboring property that corresponds to the depth of the excavation, unless the landowner takes the necessary precautions to prevent any damage to the neighborhood.

3. Subject to the administrative regulations of the fire and building police as well as the legislation on environmental protection.

**1. Walls, ditches, trees, and fences erected on the boundary are presumed to be common property.**

2. Regarding the walls of buildings, this presumption applies only up to the height where they extend above each other.

3. The opposite presumption applies if Articles 493 paragraph 2, 494, and 506 of the Civil Code of the Canton of Valais are applicable, which read as follows

**Article 493 Paragraph 2:**

If the properties are of unequal height and a wall supports the higher ground, the wall is considered the exclusive property of the person whose property it supports.

**Article 494:**

It is an indication that the wall is not common property

a) if there are existing openings, such as doors and windows, or indications of old openings of this type, such as wall boards, frames, and cornices;

b) if there is an eave;

c) similarly, if only on one side there is either a wall cap or stone strips and corbels, which were installed there when the wall was erected.

In these cases, the wall is considered exclusive to the owner for whose benefit the openings are made, or on whose side the eave, wall cap, or strips and corbels are located.

Dovetail stones do not serve as evidence of a partition wall.

**Article 506:**

An indication of non-common property is if the earth bank or the excavation spoil is only present on one side of the ditch and has been accumulated there for three years.

The ditch is considered the exclusive property of the person on whose side the spoil is located.

This presumption ceases if the sloping nature of the land or any other apparent obstacle necessitates that the earth be thrown to one side only.

1. The Right of Common Wall continues to be governed by the provisions of the Valais Civil Code.

These provisions are as follows

Art. 495

The repair and restoration of a common wall are the responsibility of all those who have a right thereto, and in proportion to the rights of each.

Art. 496

However, any co-owner of a common wall can relieve himself of the contribution to the repair and reconstruction if he renounces the community, provided that the common wall does not support a building belonging to him.

Notwithstanding this renunciation, the person who has renounced the community may be held accountable for repairs caused by his actions.

Art. 497

Each co-owner may build onto a common wall and insert beams or girders up to half its thickness.

However, he may not make any breaches therein, nor undertake any work on it or support anything upon it, without first obtaining the consent of the co-owner, or, upon refusal, having the necessary measures determined by the district judge to ensure that the new construction is carried out without infringing the rights of the other party.

Art. 498

Each co-owner may raise the common wall, but he alone must bear the costs of the elevation and the maintenance repairs of the elevated section, as well as perform any works demanded by his neighbor or otherwise ordered by the decision of the district judge to ensure the common wall can bear the greater burden resulting from the elevation without losing its integrity.

Art. 499

If the common wall is not strong enough to support the elevation, the person who wishes to elevate it must, at his own expense, have it rebuilt, and the additional thickness must be added to his side.

In the cases contained in the present and preceding articles, the co-owner is also obligated to compensate for any damage his neighbor may have suffered as a result of the elevation or the new construction, even if temporarily.

Art. 500

A neighbor who has not contributed to the elevation may acquire shared ownership of the same if he reimburses half the elevation costs and the value of half the land used for the potential additional thickness.

Art. 501

Any owner whose land abuts directly onto the neighbor's wall has the right to make it wholly or partly common by paying the wall owner half its value or half the value of the portion he wishes to share and half the value of the land on which the wall is built, with the further obligation to carry out the work deemed necessary to avoid causing harm to the neighbor.

2. The Right of Common Wall can be registered as a servitude upon the written application of the wall owners (Art. 33 para. 2 of the Federal Land Register Ordinance).

1. The landowner may only raise the ground level if they maintain a distance from the boundary equal to the increase in elevation.

2. The rules of public construction law are also reserved.

1. The distances prescribed by the following provisions are calculated from the center of the base of the plant perpendicularly to the nearest boundary point of the neighboring property.

2. The heights prescribed by the following provisions are calculated from the middle of the plant base. If the base of the planting is higher than the ground at the boundary, the legally permitted height is calculated from the naturally grown terrain at the base of the plant.

3. Changes in locations or boundary adjustments cannot affect the situation of already existing plants, unless otherwise agreed.

4. The provisions concerning the height and distances of the plantings are applicable only subject to the provisions of the public cantonal or communal law; they apply to public entity plantings only in the absence of a contrary public interest.

1. Regarding the border of the neighboring property, the following cannot be planted

a) within a distance of five meters: high-stemmed non-fruit trees such as oaks, beeches, elms, poplars, and other similar trees, as well as walnut and chestnut trees;

b) within a distance of three meters: fruit trees not mentioned under letter c;

c) within a distance of two meters: peach, apricot, plum, and quince trees;

d) within a distance of 50 centimeters: dwarf or espalier trees, shrubs, and bushes.

2. In all cases, the height must not exceed twice the distance to the border.

3. It is not necessary to adhere to these distances if the property is separated from that of the neighbor by a boundary wall, a palisade, or a hedge, as long as the plants do not exceed the height of the wall.

1. The distances between the vineyards are regulated by the legislation on viticulture.

2. Forest plantations in the sense of federal law are not subject to the distances and boundaries of the present law.

3. The canton and the municipalities may permit the establishment and maintenance of plantations that deviate from the distances and heights of the present law, if protection against wind or other natural damaging events requires this.

1. The claim for the removal or topping of plantings that do not comply with the provisions of the present law shall be filed before the district judge.

2. It becomes unenforceable five years after the unlawful planting or from the end of the year when the planting exceeds the statutory height.

3. If there is a fence between adjacent properties, the claim can only be filed for plantings that exceed this fence, and only to that extent.

1. The owner of a property is not required to tolerate the branches or roots of the fruit trees from a neighboring property encroaching onto his own property.

2. The owner, whose property the tree branches overhang, has the right to the fruits.

1. Everyone is free to fence their property, subject to exceptions provided by law.

2. The fences must not impede the exercise of access or permanent passage, as recognized in Article 156 of this law; furthermore, forestry legislation and building regulations are reserved.

3. To promote sports in the public interest, the municipality may require the temporary removal of all or part of the fences within its territory.

4. This decision allows passage for athletes in the designated area within the specified framework.

5. If this measure amounts to expropriation, the decision can only be made with the prerequisite payment of appropriate compensation to the entitled parties.

1. Everyone is free not to fence their property.

2. Any owner who cannot use their property without causing harm to others is required to fence it.

3. The obligation and the type of fencing required for alpine pastures, meadows, and similar properties, as well as the associated rights, are governed by customary law and local practices in the various regions of the canton.

4. The fencing of pastures and alpine pastures must ensure the free passage on paths and usual passages in accordance with local practices (Art. 699 para. 1 of the Swiss Civil Code).

1. Enclosures in the form of green hedges are subject to Articles 145 to 149 of the present law.

2. Walls, fences, and other non-movable enclosures that are not integrated into a building may not exceed a height of 1.5 meters at the boundary. If the enclosure is to be higher, it must be set back from the boundary by half of the excess height.

1. For disputes in the area of the obligation and prohibition of fencing, as well as its characteristics, the district judge is responsible.

2. The removal action is forfeited five years after the installation of the unlawful structure.

3. The provisions of public law are reserved.

1. In the case of walls, fences, hedges, and other enclosures that are erected on the boundary line and separate two properties, co-ownership by the two neighbors is presumed, unless only one of these properties is fenced. Such enclosures must be maintained by the owners of the adjacent land in proportion to their boundary line, unless a different maintenance obligation can be demonstrated.

2. A communal planting established on the boundary without the consent of both neighbors can be removed upon request by either of them. It is also subject to Article 149 of the present law.

3. All disputes concerning the present provision fall under the jurisdiction of the district judge. The right to bring an action for removal is forfeited five years after the unlawful situation arises.

1. Insofar as the structural restoration, repair, or enlargement of a building or a boundary wall, or the trimming of hedges, or other agricultural works such as irrigation and drainage works, or the cleaning of ditches, wells, and pipes make it unavoidably necessary to enter or temporarily use the neighboring land by placing materials, erecting scaffolding poles, etc., the neighbor must tolerate this.

2. The owner exercising this right must notify the neighbor in a timely manner; the owner is obliged to use this authority in a way that is as little inconvenient to the neighbor as possible and is liable for any damage caused.

3. The aforementioned provisions can only be applied to works concerning new constructions or for temporary anchoring, through the advance payment of compensation for the exercise of the right and, at the neighbor's request, through the provision of a sufficient guarantee to cover possible damages.

1. Concerning the right of way for treading, the right of way to water, the maintenance of vineyards, the harvest of grapes, field and forest access roads, winter paths, the rights of passage for rice cultivation and similar matters, the customary laws and practices existing in the various regions or localities shall apply.

2. In all cases, the following provisions are to be observed throughout the entire canton

a) When it is essential for the cultivation of his land, the farmer is entitled to drive onto the neighbor's land as far as necessary; he must compensate for any damage caused adequately;

b) The owner of a private forest who does not have sufficient access for the transport of his wood is authorized to demand from the owner of the lower-lying land a passage for the wood at a suitable place by dragging and, if necessary, by sledge. Dragging or sledging may only occur after prior notification and when the ground crossed is frozen and snow-covered. Any damage caused shall be compensated, and the affected owners may retain the sledged wood until the settlement of the damage;

c) The usual winter paths over another's property may, unless otherwise stipulated, generally only be used when the ground is frozen. Exceptionally, these can be used on snow-free and unfrozen ground when there is urgency and no other path can be used without significant difficulty. Should this cause damage to the landowner, such damage must be compensated;

d) Under the same obligation for compensation, the owner who wishes to improve his land by depositing or supplying earth, gravel, sand, and the like, may claim a footpath or cart path over neighboring properties during the dormant season;

e) If, due to winter cold and snow, the owner of a property cannot use his usual watering place, he is authorized to drive his livestock to water by the least harmful route to the neighbor, against appropriate compensation.

1. Every pedestrian is entitled to use the existing paths on private lands and in forests that are not fenced, provided there is no prohibition set by an authorized person. Federal law concerning access to forests remains reserved in this regard.

2. Everyone may enter fallow fields and fields not under cultivation on foot during the non-growing season and according to local custom, on the condition that no damage is caused to the crops.

3. The same right applies to skiing and sledding, provided there is sufficient snow that is not surpassed by the height of the fences.

1. During the hunting season, the hunter is entitled to enter another's property on foot. This right of entry does not apply

a) within 100 meters of inhabited buildings;

b) in vegetable crops, gardens, nurseries, orchards, and vineyards before harvest;

c) in cemeteries and recreational parks.

2. The lawful exercise of fishing permits the fisherman to walk along the banks of watercourses, which are under state control, to remain there, and, except on cultivated lands, to enter others' properties by the least damaging route to reach the bank.

3. The hunter and fisherman who enter others' properties do so at their own risk and are liable for any property damage.

1. If necessary, the owner of the shore of a watercourse or lake is obliged to keep the towpath clear, particularly for the needs of navigation and the maintenance of dikes and embankments.

2. Local custom and customary rights further regulate access to the shore for the purposes of rafting, maintenance, or cleaning of private and public waters.

3. The canton and municipalities protect and promote access to sites where antiquities, natural monuments, scenic beauty, and viewpoints are located, and, if necessary, may do so through expropriation.

1. Anyone who fills in or diverts their spring or a private watercourse without prior authorization from the municipality shall be punished with a fine, which shall be imposed according to the provisions regarding administrative penalty decisions. The municipality responsible for granting the authorization is the one where the spring originates, which is traversed by or supplied with water from the watercourse.

2. The authorization shall be granted, if necessary through expropriation, except

a) if it contradicts federal or cantonal regulations, or

b) if the municipality decides immediately to acquire all or part of the water to be diverted or the spring to be filled in.

**1. The Use of Water from Private Streams for Scooping with Hand Vessels and Watering**

Everyone is permitted to use water from private streams for scooping with hand vessels and for watering, provided this can be done without unlawful entry onto private property and without impairing the water use by the entitled parties.

**2. Temporary Use of Neighbor's Well or Shaft Due to Water Shortage**

If public or private wells suffer from a water shortage, everyone has the temporary right to use the neighbor's well or shaft for household purposes or for watering livestock, provided the exercise of this right does not adversely affect the owner.

**3. Preservation of Customary Rights and Usages**

The customary rights and usages of various parts of the canton remain reserved, along with the other rights of neighbors or residents of hamlets and villages, for the use of private water belonging to others for domestic, agricultural, or forestry purposes.

1. The land register administrator shall promptly notify the affected local municipality of the abandonment of ownership of a property.

2. After notification, the local municipality shall decide whether to incorporate the property into its administrative or financial assets or reject ownership of the property.

3. Otherwise, the ownerless property may only be acquired by a third party with the approval of the affected local municipality. The approval may be denied for reasons of public safety or may be subject to specific conditions to ensure the same.

4. The last owner of the property prior to dereliction remains liable for any damage caused by structural or maintenance defects that occurred before the abandonment of the property.

1. The national and cantonal roads, the Rhone River, and the Valaisan part of Lake Geneva, its shores, and its ports up to the upper limit of the average high-water level are public property of the canton.

2. The sovereignty of the airspace and the underground space outside of private ownership is determined by special legislation.

3. The municipal roads, the uncultivatable regions, such as rocks, scree slopes, snowfields, and glaciers, lakes, all watercourses from the point where they spring, fall into the public property of the municipalities.

4. Also falling under the scope of municipal public property are underground waters with an average water flow exceeding 300 liters per minute, subject to existing private uses that already existed before the enactment of this law, and to extractions at the surface by the owner up to a maximum of 50 liters per minute.

5. Furthermore, all legally established private rights to a whole or partial property belonging to the public property are preserved, as well as the rights created in favor of third parties prior to April 9, 1935, by the state on properties belonging to the public property of the municipalities.

1. Public property is not subject to prescription and cannot be seized.

2. The communal use of public things is regulated by the cantonal public law, as well as by the customary practices and the valid regulations of the canton and the municipalities.

1. The property owners adjacent to public property have the rights and obligations as defined by the legislation concerning roads and waterways.

2. The access for the property owners, recognized or established by the public authority, cannot be revoked without the payment of fair compensation or replacement with access suitable for the same use.

3. Any individual whose property borders a municipally-owned watercourse or is traversed by it may, when the water follows a natural course, use it to irrigate their land, provided there is no conflict with public interest. Any other use is subject to authorization or concession.

1. The alluvial deposits that form along watercourses benefit the riparian owner, subject to paragraph 2 and with the obligation to leave a towpath on the newly formed land for general use as well as the necessary land for the construction of dikes.

2. The following provisions of the Civil Code of the Canton of Valais also remain in force

Art. 399

The same applies to deposits formed as flowing water gradually withdraws from one of its banks and crosses to the other; the alluvial deposit then benefits the owner of the exposed bank, without the opposing bank owner being able to claim the land lost by them.

Art. 400

The alluvial deposits of Lake Geneva belong to the state.

Art. 401

Alluvial deposits do not benefit the riparian owners when the properties along the stream or river are marked; in this case, the alluvial deposit belongs to the municipality in whose territory it has formed.

Art. 402

The alluvial deposit does not occur concerning ponds, where the owner always retains the bed covered by water when it has risen to the height of the pond's outflow; even if the water volume subsequently decreases.

Conversely, the owner of the pond does not acquire rights to the shoreline properties covered by water during an extraordinary flood.

Art. 403

If a stream, river, or brook tears away a considerable and recognizable part of a property located by the bank through sudden force and carries it to a property on or beneath the opposite bank, the owner of the torn-off section can claim his property, but must file his claim within one year; after this period, no claim will be admitted.

Art. 405

The islands and alluvial deposits that form in the Rhône, rivers, and streams belong to the riparian owners of the side where the island has formed; if the island is not formed on one side alone, it belongs to the riparian owners of both sides, according to the line presumed to run in the middle of the stream, river, or brook, unless the properties located on the bank are marked, in which case the islands and alluvial deposits fall to the riverbank municipalities.

Art. 406

If the Rhône, a river, or a brook, by forming a new arm, cuts through a landowner's property and encompasses it in such a way as to form an island, the owner retains the ownership of their property.

Art. 407

If the Rhône, a river, or a brook leaves its old bed and forges a new course, the owners of the newly occupied land have the right to receive a land portion in the vacated bed corresponding to the value of the occupied land.

If, after compensation, any land remains, it will belong to the owners of the vacated bed's banks.

Art. 408

The provisions of this section do not in any way affect the right to confine or redirect the stream and rivers within their limits.

1. The Right of Way entitles an individual to walk, with or without a load, over the servient property or the path designated for this purpose.

2. In the absence of other documentation, the width of the way is set at one meter.

1. Anyone who possesses the right of passage for a vehicle also has the right to use the path with a horse, to drive a herd through, or to pass through with any other type of vehicle.

2. The width of the right of passage for a vehicle is established at three meters, unless otherwise documented to the contrary.

1. The right of pasturage, unless otherwise documented, includes the right to graze grass with one's own livestock and not to mow it.

2. Pasturage in the forest is subject to the restrictions of forestry legislation.

1. Basic burdens of cantonal public law do not require entry in the land register, except where specifically provided by the law introducing them.

2. Upon request by the competent authority, they may be noted in the land register.

1. The freedom to contractually determine the mortgage interest rate can be restricted by a ceiling rate established by the State Council through a regulation.

2. In such cases, the rate also applies to the pledging of mortgage deeds or similar transfer actions.

1. Cantonal and municipal public land cannot be mortgaged.

2. The mortgaging of financial and administrative assets of the canton is only valid with the consent of the Grand Council.

3. The mortgaging of assets belonging to common land cooperatives, joint ownerships, and other bodies governed by cantonal private law is regulated by Article 129 of this law. A shareholder's share can be freely mortgaged, unless otherwise stipulated in the statutes.

1. The provisions regarding the redemption of mortgage liens are applicable in the canton.

2. The redemption offer is communicated to the creditors through the mediation of the land registry officer of the district in which the majority of the encumbered property is located.

3. The public auction described in Article 829 of the Swiss Civil Code is replaced by an official appraisal, carried out in analogous application of Article 180 of the present law, unless the owner of the property lien requests the auction within one month after the official appraisal.

4. Creditors who reject the redemption offer must inform the land registry officer in the following month and provide the cost advance for the official appraisal.

5. The price offered by the buyer or the price determined by the official appraisal, if such an appraisal has been conducted, must be deposited with the municipal judge without delay.

6. If there are multiple creditors, the municipal judge commissions the land registry officer to prepare a distribution plan and informs the interested parties, simultaneously notifying them that the distribution will take place after ten days unless an objection is raised. Any objection submitted on time is immediately referred to the district court, which will render a decision on the matter.

7. Upon receipt of the offered price and after resolving any objections on which the payment depends, the municipal judge authorizes the land registry officer to cancel the mortgage lien and pays the creditors the amounts owed.

8. If the public auction is requested by the encumbered owner, it takes place under the authority of the municipal judge in accordance with Article 189 of the present law. The distribution and payment are carried out in accordance with paragraphs 6 and 7.

1. Public-law claims of the canton by the state, municipalities, and public corporations and institutions concerning a property are guaranteed by a legal mortgage if a specific law provides for this.

2. The legal mortgage arises with the claim it guarantees. It encumbers the property on which the claim exists; if multiple properties are involved, a general lien exists.

3. If the law requires registration, the lien arises with such registration.

1. The statutory lien is only privileged if the law that creates it so provides; in this case, it takes precedence over all other encumbrances on the property, including liens that are exempted from registration under Articles 808 and 810 of the Civil Code.

2. Unless contrary provisions of the law apply, privileged statutory liens are considered to rank equally.

3. The rank of the non-privileged lien is determined at the time the secured claim arises.

1. The statutory mortgage lien does not render the guaranteed claim imprescriptible.

2. The statutory mortgage lien extinguishes with the claim it guarantees. In all cases, subject to contrary special provisions, it expires 5 years after the first final decision that determines the amount of the claim; it remains in effect until the conclusion of the bankruptcy or until the end of the enforcement procedure for the realization of the pledge, which were initiated before the expiration of this period.

3. The right to demand the prior realization of possible pledges (beneficium excussionis realis) cannot be asserted in the area of statutory public law mortgage liens.

1. The official appraisal of properties burdened with a servitude is conducted by the cantonal appraisal commission.

2. The appraisal value of a non-agricultural property is determined by the average of the income value, added to the market value of the land and construction costs; the tax assessment and that of the fire insurance may be used as parameters.

3. The official appraisal of agricultural properties burdened with a servitude is conducted in accordance with the legislation on agricultural land rights.

4. Independent and permanent rights and concessions registered as real estate are appraised based on their capitalized value.

5. The State Council establishes the procedural details and fee schedule in a regulation.

1. The creation of a mortgage deed is possible without restriction.

1. The notaries apply for the registration of mortgage bonds and ground rents, which are issued to the bearer or in the name of the owner themselves, if the latter requests this.

1. Bonds with capital that, according to documentation, cannot be fully amortized can only be terminated with six months' prior written notice on a date designated for interest payments; if absent, termination can occur on March 1 or September 1 of any given year.

2. In any event, termination by the debtor cannot be excluded after 6 years from the issuance of the bond.

1. Public property is entered in the land register only in the cases provided for by federal law.

2. It may also be entered in other cases.

3. The entry of public property in the land register does not change its legal nature.

1. Alpine rights, water rights, and other similar rights can be registered in the land register as real property upon application by the entitled parties, provided that such registration is not excluded by the statutes.

2. This registration is carried out in the subsidiary registers, which constitute an integral part of the land register. These subsidiary registers are accorded the same public faith as the land register itself.

3. The procedure is determined by the State Council in a regulation; in the absence of cantonal provisions, the provisions of federal law regarding the registration of real property are applicable analogously.

4. The registered rights cannot be divided into smaller parts than a quarter of the alpine right, a quarter of the cattle right, or a quarter hour water claim. The application of the law concerning agricultural land rights is reserved only in cases where the alpine right forms part of an agricultural enterprise.

1. Each unit of condominium ownership must be clearly delineated on a document and signed by all co-owners. This document must be submitted together with the application for registration in the land register.

2. If the submitted document appears insufficient to the land registrar, they may require the creation of a plan, possibly by a land surveyor or an architect.

3. The application for registration must be submitted jointly for all units of the condominium ownership.

4. The confirmation provided for in Articles 33b and 33c of the Federal Land Register Ordinance shall be issued by the registrar of the municipality in which the property is located.

5. In municipalities where the land register has been introduced, an individual sheet is created for each floor serving residential, commercial, or industrial purposes.

6. The name of the respective manager must be communicated to the land registrar, who will enter it in the "Remarks" column on the sheet of the property or of the independent and permanent right.

7. The State Council issues technical regulations concerning the official acts of the land registrar in the area of condominium ownership by means of an ordinance.

1. The collection of debt resulting from the retail sale of alcoholic beverages, including commercial debt, is not limited.

1. At the seller's discretion, public auctions of movable property shall be conducted by a notary or the municipal judge.

2. Voluntary public auctions of real estate shall be conducted by a notary.

3. Special provisions regarding public auctions conducted by the canton, municipalities, and civic communities shall remain reserved.

1. The judge or notary shall prepare a record of the auction proceedings, detailing each item, particularly the auction conditions, the offer, and the award.

2. The record shall be signed by the seller and the purchaser. The provisions of the Notarial Law are not applicable.

3. For real estate, the record shall contain all necessary information for registration in the land register. The auction conditions, extract from the land register, or cadastral extract with the list of encumbrances are to be publicly read aloud before the commencement of the auction; this is noted in the record.

4. Auctions related to child and adult protection measures (Art. 35) are conducted by a notary designated by the protection authority.

5. The award is granted in the customary manner.

1. In every case of public auctions provided for by federal private law or the present law, the auctions must be publicly announced at least 8 days in advance, unless the law specifies a longer period.

2. The public announcement is generally made in the cantonal official gazette. If a wider announcement is expressly provided for, the publication may also take place in the Swiss Official Gazette of Commerce and in extra-cantonal official gazettes or the press.

3. Article 189 is also applicable.

4. The provisions of the Federal Act on Debt Collection and Bankruptcy are reserved.

1. In residential lease agreements, the guarantee cannot be provided in the form of a joint suretyship under penalty of nullity.

2. In the event of a change of landlord, the release provided for in paragraph 3 of Article 257e of the Swiss Code of Obligations shall only occur with the consent of the current leasing owner, or with the consent of either party if the leased property has only been partially sold.

1. In the event of a housing shortage, the Council of State is authorized to declare the official form referred to in Article 270, paragraph 2 of the Swiss Code of Obligations as mandatory for the conclusion of lease agreements for residential or commercial premises, applicable to the entire or part of the territory of the canton.

1. The insurer of an object located within the canton may notify unknown interested third parties of the compensation amount offered by him, the identity of the insured, the description of the insured object, and the nature of the damage through two consecutive notices at a two-week interval in the cantonal official journal.

2. Pledge creditors who contest the offered compensation amount must initiate legal proceedings within one month from the last publication.

3. In the absence of such a notice, any pledge creditor may contest the disbursed compensation amount within the framework of the insurance contract and demand from the insurer the payment of the remaining amount up to the extent of his claim and according to his rank.

1. The public announcements prescribed in the Civil Code, the Federal Act on the Law of Obligations, and the present law shall be made through at least one publication in the Official Gazette of the Canton of Valais.

2. In the following cases, the announcement shall be made in three issues of the Official Gazette

a) for the request for information about a missing or absent person (Art. 36 CC, 94 of the present law);

b) for the request for notification of succession for unknown heirs (Art. 555 CC);

c) for the notification of a testamentary disposition to beneficiaries with unknown whereabouts (Art. 558 CC);

d) for the request to register claims and debts (Art. 582 CC, 108 of the present law);

e) for setting a deadline for raising objections in the case of extraordinary usucaption of properties (Art. 662 CC);

f) for the request to register and record real rights over properties upon the introduction of the land register (Final Title Art. 43 CC, 211 of the present law).

3. The authority responsible for the announcement or the judge may order other means of publication if they find them appropriate, particularly publication in out-of-canton official gazettes or in the Swiss Official Gazette of Commerce.

4. ...

1. The authenticity of the signature can only be confirmed if it is signed in the presence of the certifying persons or confirmed to them by the signatory.

2. The signatory must be personally known to the certifying person or prove their identity.

3. The comparative certification of a signature is only possible if the reference signature is contained in a public deed or an official document.

4. The certifying person must specify how they verified the identity of the signatory and how they confirmed the authenticity of the signature. The confirmation must include the place and date of issuance.

5. The preceding provisions apply to the certification of marks of persons who cannot sign; the inability to sign will be documented by the mark.

1. The public notarization is effected in the Canton of Valais by the notarial deed as provided in the Notarial Act.

2. Subject to the provisions of the present law concerning the inventory and sale at public auctions.

1. For the subsequent transfers of real property, the State Council provides, via ordinance, for a simplified public notarization procedure

a) voluntary boundary improvements based on Article 57 of the Federal Law on Rural Land Rights;

b) transfers following voluntary land consolidations in accordance with Article 82 of the Federal Agricultural Act and Article 21 of the Cantonal Decree on Land Consolidation and Boundary Regulation;

c) adjustment of boundaries in accordance with neighbor law;

d) sale or exchange of property and creation of a mortgage, where the contract or exchange value does not exceed 5,000 Swiss Francs.

1. The provisions of the Final Title of the Swiss Civil Code are applicable to the cantonal transitional law insofar as the current law does not stipulate otherwise.

1. The legal relationships between the old cantonal civil law and the federal private law at the time of the coming into force of the Civil Code remain subject to Articles 264 and following of the Introductory Act to the Swiss Civil Code of May 15, 1912, in particular Articles 264, 265, 272 to 275, and 297. Provisions to the contrary within the present law are reserved.

1. The common land cooperatives and other joint ownerships, which already existed in 1912, shall continue to be recognized as legal entities if they were recognized as such under old law.

2. These cooperatives must, however, submit their statutes to the State Council within five years from the entry into force of the present law, under the threat of a fine of up to 3,000 francs, imposed according to the provisions on administrative penal decisions.

3. The rights acquired by the shareholders before 1912 to Alps, forests, water, or other goods of the common land cooperatives and joint ownerships, in the form of collective or joint ownership, as well as the real rights attached to the shareholder's share, shall be maintained in accordance with the established practices and previous customary rights.

4. Within a period of five years from the entry into force of the present law, the joint ownerships shall compile or, if necessary, renew the register of shareholders. The rights not recorded in the register within this period shall remain valid but must be proven in another manner.

5. Statutory provisions that involve inequality between men and women concerning the transfer and content of the rights of shareholders must be amended within five years from the entry into force of the present law; otherwise, they may no longer be applied.

1. The water conduits, structures, plantings, and enclosures existing at the time this law comes into effect remain subject to the distance and height regulations of the old law, insofar as the relevant provisions of the current law are not more advantageous for their owners.

1. Existing ownership rights to trees on another's land may be repurchased if the landowner fully compensates the entitled party. Otherwise, the owner of the trees holds the same right over the land area occupied by the trees.

2. Reserved is the case where the right to plant is linked to a share in a community or commons association.

3. Forestry legislation is reserved.

1. The condominium ownership under the old cantonal law is subject to Articles 712a et seq. of the Civil Code upon their entry into force, whether or not it is noted in the land register.

2. Condominium ownership, which has been established or converted since 1912 in the form of co-ownership with personal usage rights, is subject to the provisions of Articles 712a et seq. of the Civil Code as soon as the entries in the land register have been amended in accordance with Articles 204 to 207 of the present law.

1. Adaptation to the new statutory property order according to Article 203 generally occurs based on an establishing act as defined in Article 712d of the Swiss Civil Code (ZGB).

2. This does not entitle one to the proportional stamp duty and land registry fees.

1. To align the land register and the cadaster with the provisions of federal law concerning condominium ownership, the land registrar, either ex officio or at the request of a co-owner, invites the entitled parties to establish their rights and grants them an appropriate period for this purpose.

2. The entitled parties are requested to describe their rights in such a way that the associated special use relates as far as possible to self-contained spaces with independent access.

3. The entitled parties determine their share in hundredths or thousandths according to the value of the spaces they own.

4. A location sketch and a description of the rooms must be prepared and signed by those entitled to the property or shares.

1. The person who disputes the obligation to adjust the rights concerning them within 30 days of the decision's delivery must appeal to the district court.

2. If no lawsuit is filed or if it is dismissed, the procedure will follow the provisions of Article 207 in the absence of an agreement.

1. If the entitled parties cannot agree on the determination of their shares, the land registry administrator or the person designated by them must conduct an inspection and, if possible, hear the parties. Subsequently, they prepare a distribution plan with a description of the rooms and a floor plan sketch indicating the shares. When determining the value quotas, the land registry administrator must take into account the building parts subject to special rights. For this purpose, they may engage an expert.

2. Where necessary, rights that cannot be integrated into a special right are to be structured as easements, real burdens, or usage regulations.

3. The land registry administrator sends each entitled party the distribution plan by registered mail with a note that a lawsuit may be filed within 30 days, otherwise, the distribution plan becomes legally binding.

4. The distribution plan that has been created and becomes legally binding is considered a public certificate.

5. The State Council issues the necessary regulations by ordinance.

1. Articles 272 to 274 of the Introductory Act to the Civil Code of May 15, 1912, continue to apply to liens established before January 1, 1912.

2. Article 179 is applicable from the commencement of the Act to existing claims and those already secured by the statutory lien.

**Article 1:**

1. Until the introduction of the land register, the following forms of the old cantonal law shall have the effect of a land register within the meaning of Article 48, Paragraph 1 of the Final Title of the Civil Code

a) For the acquisition and transfer of real estate ownership, as well as for the establishment, modification, or deletion of easements and charges using the form of entry (transcription) in the public registration registers (transcription registers) maintained by the land registrar;

b) For the establishment, modification, or deletion of mortgage rights, pre-notations, or annotations with the form of entry or deletion in the mortgage registers.

2. The Council of State shall issue the necessary provisions for the maintenance of the municipal cadastres by regulation.

3. The cantonal system shall have the effect of a land register, with the exception of the provisions that protect acquisition by third parties acting in good faith.

1. The land register shall be introduced in the municipalities or parts of municipalities designated by the competent department, provided that these possess plans and parcel surveys which comply with the requirements of federal law and the legislation on official surveying.

2. The Council of State shall enact by ordinance the necessary provisions for the introduction of the land register in the canton, particularly those for the provisional introduction in municipalities or parts of municipalities which do not yet possess plans meeting the requirements of paragraph 1, but have sufficiently accurate plans.

3. Municipalities in which the federal land register is fully or partially introduced and computerized shall maintain only those registers necessary for tax purposes.

1. The definitive introduction of the land register is preceded by a procedure for the safekeeping of documents.

2. This public safekeeping is accompanied by a notice inviting all persons to assert the claimed real or personal rights noted in advance on the affected properties within a period of 30 days from the last publication in the Official Gazette, specifying the consequences in the event of non-registration.

3. This notice is published three times in the Official Gazette, and the municipal administration gives it appropriate publicity.

4. The procedure is also defined by an ordinance of the Council of State.

5. Documents related to the introduction of the land register are exempt from stamp duty.

1. Any objections submitted during the public availability of the documents shall be addressed by a special commission designated by the State Council.

2. The State Council shall regulate the corresponding procedure and costs by means of an ordinance.

3. Following the approval or rejection of the objections, the State Council shall decide on the entry into force of the land register. This entry into force shall be published in the Official Gazette.

4. The possibility remains for all interested parties to appeal to the civil judge under the conditions of Articles 975 to 977 of the Civil Code.

1. The rights that are not recorded in the land register remain valid; however, they cannot be asserted against third parties who rely in good faith on the land register, in accordance with Article 44, Paragraph 1 of the Final Title of the Civil Code.

1. The Notary Law of May 15, 1942, is amended.

2. The Stamp Law of November 14, 1953, is replaced by a new Article 16bis.

1. Where cantonal law refers to guardianship law terms, it is adapted as follows

a) Guardianship corresponds to guardianship for minors or comprehensive assistance for adults;

b) Guardianship authority, guardianship chamber, or chamber for guardianship corresponds to the Child and Adult Protection Authority;

c) Ward corresponds to the child or adult under a protective measure;

d) Custodial deprivation of liberty corresponds to the welfare placement;

e) Incapacitation corresponds to the withdrawal of legal capacity.

1. Upon the entry into force of the present law, all provisions contrary to it are repealed, namely

a) * the Introductory Law to the Swiss Civil Code of May 15, 1912, subject to the application stipulated in the present law;

b) the provisions of the Valais Civil Code of December 1, 1853, which have not already been repealed and are not incorporated into the present law;

c) the Introductory Law of November 10, 1965, to the Federal Law of December 19, 1963, concerning the amendment of Part Four of the Civil Code (Co-ownership and Condominium);

d) the Law concerning ownership of public and ownerless goods of January 17, 1933;

e) the Law regarding the designation of the Court of Appeal and Court of Cassation as the judicial body for the determination of civil disputes concerning imitation of patented items of November 25, 1889;

f) the Law concerning the competent judicial authority in civil disputes, which under federal law provisions are assigned to a single cantonal instance of November 19, 1902;

g) the Law concerning the competence of the Cantonal Court in civil disputes over copyright on works of literature and art of November 13, 1923;

h) the Decree of May 22, 1985, concerning the implementation of the Federal Law of December 16, 1983, on the amendment of the Swiss Civil Code (protection of personality);

i) the Decree concerning Article 6 § 3 of the European Convention on Human Rights in the civil sector of November 12, 1993;

k) the Decree pertaining to the designation of the competent authority for the declaration of general applicability of collective labor agreements of March 25, 1988;

l) the Implementing Ordinance of October 7, 1987, concerning the application of the Federal Law of October 5, 1984, on the amendment of the Swiss Civil Code (general effects of marriage, matrimonial property regime, and inheritance law);

m) the Execution Ordinance concerning the introduction of the new children's rights of June 15, 1978;

n) the Ordinance on Adoption of March 29, 1973;

o) the Implementation Ordinance of October 7, 1981, concerning the Federal Law of October 6, 1978 on the amendment of the Swiss Civil Code (custodial deprivation of liberty);

p) the Ordinance of February 20, 1991, concerning the implementation of the new rental law, amended on December 18, 1991.

2. Until the issuance of the ordinances and regulations provided for in the present law, the ordinances and regulations adopted by the State Council remain in force, insofar as they do not contradict the aforementioned provisions. These ordinances and regulations were adopted

a) in implementation of the Introductory Law to the Swiss Civil Code of May 15, 1912;

b) based on Article 52 of the Final Title of the Civil Code;

c) in implementation of federal laws that amended the Civil Code and the Code of Obligations.

1. This law is subject to an optional referendum.

2. The State Council shall set the date of entry into force of this law simultaneously with that of the Civil Procedure Code.