Ordinance on the Bar Examination

1. The bar examination shall determine whether the necessary academic knowledge and practical skills required for the approval to practice the profession are present.

1. The Bar Examination consists of a written part and an oral part.

2. It covers the following areas of federal law and cantonal law

a) Constitutional law and administrative law with an emphasis on tax law, construction, planning, expropriation and road law, fundamentals of social security law and the corresponding procedural law.

b) Preliminary articles of the Civil Code (ZGB), personal law, family law, inheritance law, property law, and associated statutes.

c) General provisions of the Code of Obligations, contract law, corporate law, securities law, fundamentals of intellectual property law, and statutes associated with the Code of Obligations.

d) Civil procedure law, debt enforcement and bankruptcy law, attorney law.

e) Criminal and criminal procedure law.

3. Private international law is examined within the framework of paragraphs 2, sections b) to d).

1. The written examination lasts a maximum of nine hours and is conducted under exam conditions.

2. The examination board determines the examination task. This includes one or more legal cases for the preparation of an opinion, judgment, contract, plea, or legal document.

3. The federal and cantonal legal collections, as well as literature at the discretion of the examination board, are made available for the examination.

1. Based on the written examination, the examination board decides on admission to the oral examination. One member reports on the exam paper and submits an application.

2. The decision of the commission is communicated in writing.

1. Only those who have passed the written examination are admitted to the oral examination.

1. The oral examination lasts two hours.

2. The examining members are present throughout the entire examination.

1. An examination shall be declared as passed or not passed by the commission. Grades or qualifications are not awarded. The decision will be orally justified upon request.

2. An examination that is voluntarily abandoned shall be considered as not passed.

3. The oral and written examinations may each be repeated a maximum of two times.

1. After the conclusion of the oral examination, the examination board determines the application to the higher court and announces it orally.

2. The granting of the permit requires that both the written and oral examinations have been declared passed.

1. If a candidate has not passed the written or oral examination despite the possible repetitions, the Examination Board shall request the Superior Court to set a period during which a new registration for the examination is not permitted.

1. The compensation to the members of the examination board shall be determined by the government council upon the proposal of the superior court.

1. This regulation replaces the Regulation on the Examination of Lawyers dated June 24, 1958, and comes into force immediately.

2. Anyone who, at the time this regulation comes into force, has been admitted by the High Court to the bar examination may choose whether the examination will be conducted according to the old or the new provisions.