Introductory Act to the Swiss Civil Procedure Code (EG ZPO) - Scope of Application of the Code of Civil Procedure (EGZPO)
Table of Provisions (12)
Statutory Text (12 Articles)
1. The provisions of the Code of Civil Procedure also apply to cantonal civil law, provided that cantonal law does not contain any divergent provisions.
1. For the organization and the general procedural law of the courts, the cantonal Court Organization Act applies subsidiarily.
1. Conciliation Authority in the sense of Art. 197 Swiss Code of Civil Procedure is the district mediator.
2. For disputes arising from the rental and lease of residential and business premises, there exists a cantonal conciliation board with equal representation in accordance with Art. 200 paragraph 1 Swiss Code of Civil Procedure.
3. For disputes under the Gender Equality Act, there exists a cantonal conciliation board with equal representation in accordance with Art. 200 paragraph 2 Swiss Code of Civil Procedure.
1. The District Court President decides at first instance
1. * in summary proceedings (Art. 248 et seq. and Art. 335 et seq. of the CPC);
2. * in simplified proceedings (Art. 243 et seq. of the CPC);
a) * ...
b) * ...
3. * in divorces upon joint petition (Art. 111 et seq. of the CC).
1. The District Court decides as the court of first instance in ordinary proceedings (Art. 219 et seq. CPC), unless the cantonal legislation provides for exceptions.
1. The President of the Cantonal Court is
1. responsible for summary proceedings before the Cantonal Court (Art. 248 lit. a-d CPC);
2. appellate authority for decisions of the District Court President and conciliation authorities (Art. 308 et seq. CPC and Art. 319 et seq. CPC);
3. sole instance at the seat of the arbitration court (Art. 356 para. 2 CPC);
4. central authority for international legal assistance in civil matters.
1. The Commission for General Complaints is
1. the sole cantonal authority for complaints in accordance with Article 10 of the Introductory Act to the Swiss Civil Code of April 29, 2012 (EG ZGB);
2. an appellate body against first-instance orders of the Cantonal Court President (Art. 319 Swiss Civil Procedure Code);
3. an appellate body against decisions of the district court commissions (Arts. 308 ff. and 319 ff. Swiss Civil Procedure Code).
1. The Cantonal Court, Civil and Criminal Court Division, is
1. the sole cantonal instance (Art. 5 CPC) or higher court (Art. 8 CPC);
2. the appellate instance against decisions of the District Court (Art. 308 ff. CPC and Art. 319 ff. CPC);
3. the higher court at the seat of the arbitration tribunal (Art. 356 para. 1 CPC).
2. The Cantonal Court, Administrative Court Division, is the sole cantonal instance for disputes arising from supplementary insurance to social health insurance (Art. 7 CPC).
1. The responsibility for resolving issues concerning disqualification lies with
1. the president of the district court for mediators and members of the arbitration board;
2. the president of the court for judges and court clerks of a court;
3. the president of the cantonal court for the president of the district court;
4. the deputy for the president of the cantonal court.
1. The person entrusted with enforcement may seek the assistance of the cantonal police (Art. 343 para. 3 CPC).
1. The law shall enter into force at the same time as the Code of Civil Procedure upon approval by the Landsgemeinde.
1. Upon the enactment of this law, all decrees conflicting with it are repealed, particularly the Code of Civil Procedure Act of April 24, 1949 (ZPO).