Act Introducing the Swiss Civil Code - Jurisdictional Arrangement (EGZUMZGB)

1. The jurisdiction of the judicial authorities is governed by the Code of Civil Procedure for the Canton of Appenzell A.Rh.

1. The municipal chief is the competent authority for the following cases provided for in the Civil Code (ZGB)

1. Art. 46 para. 2 (Receipt of the notification of foundlings);

2.-3. ...

4. ...

5. Art. 721 para. 2 (Order for the auction of found objects);

6. * ...

1. The municipal council is entrusted with the following obligations as contained in the Swiss Civil Code (ZGB) and the Partnership Act

1. Art. 84 (Supervision of foundations that belong to the municipality according to their purpose);

2. ...;

3. Art. 121 (Filing a lawsuit for the annulment of a marriage);

3bis. * Art. 9 para. 2 PartG (Invalidity of a registered partnership);

3ter. * Art. 261 para. 2 (Paternity suit, competent authority)

4. ...

5. Art. 262 (Challenge of the recognition of a child as marital);

6. Art. 306 (Challenge of the acknowledgment of an extramarital child);

7. Art. 329 para. 3 (Determination of the duty of support by relatives);

8. Art. 504 and 505 para. 2 (Custody of wills, Art. 72-74 of this law);

9. Art. 550 (Official request for declaration of disappearance);

10. Art. 551 (Measures to secure the inheritance);

11. Art. 517, 556-559 (Opening of wills, issuance of inheritance certificates for legal and appointed heirs, certificate on the appointment of an executor);

12. Art. 570, 574-576 (Receipt of renunciations of inheritance and ordering of further measures);

13. Art. 580 para. 2 (Receipt of requests for a public inventory);

14. Art. 585 para. 2 (Approval for the continuation of the deceased's business during the duration of the public inventory and possible security provision);

15. Art. 595 (Official liquidation of an estate);

16. Art. 602 para. 3 (Appointment of a representative of the heirs);

17. Art. 611 para. 2 (Formation of lots in the division of inheritance);

18. Art. 612 para. 3 (Order of auction in the division of inheritance);

19. Art. 613 para. 3 (Sale or allotment of special items in the division of inheritance);

20. Art. 621 and 625 (Allotment, sale, or division of an agricultural enterprise);

21. Art. 699 (Issuance of prohibitions regarding forest and pasture);

22. * Art. 712b and Art. 68 of the Land Register Ordinance (Confirmation of construction execution according to the partition plan);

23. * Art. 851 para. 2 (Receipt of payments from the debtor of a mortgage in the event of deposit);

24. * ...

25. Art. 246 para. 2 of the Code of Obligations (Request for execution of a condition accepted by the beneficiary, if it is in the interest of the municipality);

26. All other obligations for which no other authority is competent.

1. Through municipal regulations, certain duties listed in Art. 3 can be delegated to specific municipal council commissions; however, the entire municipal council remains responsible for their official actions (Art. 79 para. 2 of the Cantonal Constitution).

1. The Executive Council has the following powers laid down in the Swiss Civil Code (Zivilgesetzbuch, ZGB)

1. ...

2. Art. 30 (Approval of name changes);

3. Art. 78 (Initiation of proceedings for the dissolution of an association);

4.-6. * ...

7. Art. 885 (Authorization of financial institutions and cooperatives to accept livestock pledges);

8. Art. 915 (Authorization to operate a pawn shop business);

9. Art. 246 para. 2 of the Swiss Code of Obligations (Obligationenrecht, OR) (Request for the execution of a condition accepted by the donee, if it is in the interest of the Canton or several municipalities);

10. Art. 7e of the Federal Act concerning the Civil Status of Settled Foreign Residents and Temporary Residents of June 25, 1891 (Approval of marriage for foreigners);

11. Art. 20 and Art. 36 letter b of the Federal Act concerning the Civil Status of Settled Foreign Residents and Temporary Residents of June 25, 1891 (Approval and receipt of the declaration of both spouses regarding the submission of their internal matrimonial property relations to the law of the new domicile).

1. The public announcements, invitations, and proclamations prescribed by the Swiss Civil Code and this law are made through publications in the bulletins designated for this purpose by the municipalities.

2. The proclamation of a find of less than 50 francs may also be made by posting a notice.

1. In cases of Art. 36, 555, 558, 582, 662 and Final Title Art. 43 of the Swiss Civil Code (ZGB), the publication must also take place in the cantonal official gazette.

1. In the cases referred to in Articles 36, 555, 558, 582, 662, and in the Final Title Article 43 of the Swiss Civil Code (ZGB), the public announcement must occur at least twice.

1. The other forms of publication prescribed by federal law remain reserved, as do the powers of the competent cantonal and municipal authorities to make further appropriate publications.

1. The conditions for the existence and the reasons for the loss of civil honorability are established in public law.

2. Federal law determines the criminal and civil consequences of the revocation of civil honors and rights.

3. For the exercise of active civil rights in cantonal matters, cantonal public law is decisive (Art. 19-21 of the Cantonal Constitution).

1. The canton is divided into three civil registry districts

a) Hinterland of Appenzell Ausserrhoden (Urnäsch, Herisau, Schwellbrunn, Hundwil, Stein, Schönengrund, Waldstatt);

b) Mittelland of Appenzell Ausserrhoden (Teufen, Bühler, Gais, Speicher, Trogen);

c) Vorderland of Appenzell Ausserrhoden (Rehetobel, Wald, Grub, Heiden, Wolfhalden, Lutzenberg, Walzenhausen, Reute).

2. The municipalities within a civil registry district jointly operate a civil registry office. To this end, they enter into an agreement which requires the approval of the Cantonal Executive Council for its binding effect. In this agreement, they notably determine the office location and regulate the cooperation and cost sharing.

3. The supervisory authority in civil registry matters is the Department of Internal Affairs and Security.

4. The Cantonal Executive Council regulates by ordinance the basic principles of the organization of the civil registry offices and their supervision. It may issue further implementing provisions within the framework of federal law.

5. The municipalities are required to establish the civil registry organization in accordance with this provision by a date set by the Cantonal Executive Council.

1. Alpine Cooperatives and Similar Entities, such as cooperatives with the purpose of jointly using, managing, and maintaining alpine pastures, meadows, forests, roads, paths, and waters for household and farming operations, are, pursuant to Art. 59 para. 3 of the Swiss Civil Code, cooperatives under cantonal private law.

2. They are, to the extent that they existed at the time this law came into force, recognized as legal entities and, when newly established, acquire legal personality upon the adoption of the statutes.

1. Membership is acquired upon the approval of the application for admission by the cooperative assembly, unless another body is responsible according to the statutes.

2. If membership is associated with the ownership of specific real properties, it automatically transfers to the acquirer of such a property. It can be noted in the land register on the page of each associated property.

3. If the use of cooperative assets is divided into independent partial rights (alp rights, cow rights, pastures), membership is obtained with the acquisition of a partial right and relinquished upon its sale.

1. Where independent partial rights exist, the voting power of each member is determined by the number of their partial rights, unless the statutes provide for voting by individuals for matters of ordinary administration.

2. Otherwise, subject to any other provisions in the statutes, the absolute majority of the members participating in the vote is decisive.

3. If membership is associated with the ownership of real estate, multiple co-owners of the property have only one vote. They must exercise their voting right through a representative.

4. For the sale and encumbrance of immovable cooperative property, unless the statutes specify otherwise, the approval of two-thirds of the total votes of all members is required.

1. Decisions that violate the law or the statutes, or that annul or impair an acquired right, can be contested by any member who did not consent to them, within 30 days from the time they became aware of them, by bringing the matter before a judge.

1. Corporate share rights within the meaning of Art. 20 para. 3 are treated as real estate in legal transactions (Art. 655 para. 2 no. 2 of the Swiss Civil Code).

2. If such rights are pledged, the pledging of a real estate property belonging to cooperative property is only permissible for the financing of value-enhancing investments and requires the approval of the government council.

1. Insofar as no provisions can be derived from the cantonal legislation and the statutes, the association law of the Swiss Civil Code (ZGB) is primarily applicable by analogy, and secondarily, the cooperative law of the Swiss Code of Obligations (OR) is applicable by analogy.

1. Public law corporations are cooperatives that fulfill a task of public welfare and are recognized by the Cantonal Council as members of the cantonal or municipal organization. Upon their recognition, they attain legal personality.

2. Amendments to the statutes require approval from the Cantonal Council if they involve substantial changes to the purpose.

3. Other amendments to the statutes require approval from the Government Council.

4. Furthermore, the Cantonal Council reserves the right to grant a corporation the authority to levy taxes.

1. The cooperative is formed through voluntary association.

2. If a voluntary association of the individuals who have a direct interest in achieving the statutory purpose cannot be attained, the governing council may authorize the founders to forcibly form the cooperative after examining their draft statutes and determine the membership circle. The authorization from the governing council will only be granted if the required contributions of the members are proportionate to the benefits offered.

3. In this case, all persons within this circle are obliged to join if they have agreed to the formation and the draft statutes by a majority vote.

4. If membership is linked to real property, whose extent or value is decisive for rights and obligations, the consenting majority must also represent the greater part of the involved land area. Property owners who did not attend the founding meeting despite being properly summoned and did not have themselves represented will be counted with the consenting meeting participants.

1. Exceptionally, in cases of particular temporal or substantive urgency, the cooperative execution of a task may, if necessary, be ordered by the governing council without the consent of the majority of the participants.

1. Resolutions are passed by a majority of the votes cast, unless a qualified majority is required by law or the statutes.

2. If membership and voting rights are determined by the extent of the associated real estate or any other participation, no member may exercise voting rights for more than a quarter of all votes.

1. By being recognized as legal entities of public law, the corporations receive the right within the scope of their statutory duties to issue orders and exercise administrative enforcement.

2. In particular, they are authorized to levy public law contributions from property owners who are not their members, in accordance with the benefit to their properties brought about by the cooperative systems and facilities.

1. If these works serve the public, there may be a claim for the state contributions provided for by law.

2. The municipalities are authorized to also grant contributions to these works, provided that they benefit from a relief through them.

1. Decisions and orders of public law corporations can be appealed to the Government Council within 20 days.

1. The corporation may only be dissolved with the approval of the government council.

2. Approval will only be granted if the task fulfilled by the corporation has ceased or is taken over by the municipality or another public law corporation.

3. The assets of the dissolved entity shall devolve to the municipality and must be used in accordance with the original purpose as closely as possible.

1. Subject to the provisions of this law as well as the other cantonal legislation and federal law on land improvements.

1. Corporations that have been formed through voluntary association and without recognition as legal entities of public law remain subject to the provisions regarding private law corporations, even if their purpose lies within the realm of public duties.

1. Foundations and institutions under public law with their own legal personality can be established by municipal resolution. They are subject to the same supervision as the municipalities.

2. The municipalities are secondarily liable for their obligations.

1. The cantonal foundation supervisory authority oversees all pension schemes based in the canton and the foundations that, according to their purpose, belong to the canton or several municipalities (Art. 84 Para. 1 and Art. 89bis Para. 6 of the Swiss Civil Code, Art. 61 Para. 1 of the Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans). Additionally, the municipalities can delegate the supervision of municipal foundations to the cantonal foundation supervisory authority.

2. The cantonal foundation supervisory authority acts as the conversion authority for all foundations based in the canton (Art. 85, 86, and 89bis Para. 6 of the Swiss Civil Code, Art. 62 Para. 2 of the Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans).

3. The cantonal foundation supervisory authority is subject to the supervision of the Department of Internal Affairs and Security. This department may involve suitable third parties to fulfill its duties or— with the approval of the Executive Council—delegate the task to suitable third parties.

4. The Executive Council is empowered to issue supplementary regulations regarding the supervision of foundations.

5. The tasks mentioned in Para. 1 and 2 may, under an intercantonal agreement, be transferred by the Cantonal Council to the supervisory authority of another canton or to a joint public law institution.

1. The property law register is maintained for the entire canton by the commercial registry office.

2. The register is under the supervision of the Department of Construction and Economic Affairs.

1. Adoption is pronounced by the Child and Adult Protection Authority (Art. 268 para. 1 Swiss Civil Code).

2. Procedures and legal remedies are governed by the provisions on child and adult protection law.

**1. As the authority responsible for providing advisory support to the child upon request regarding the disclosure of the personal details of their biological parents, the office responsible for civil status supervision is designated. This office may delegate investigations to suitable third parties and is authorized to enter into related agreements with public and private institutions.**

1. Child and Adult Protection Authority: The child and adult protection authority is an interdisciplinary, independent expert authority of the canton in terms of decision-making as per Article 440 of the Swiss Civil Code (ZGB). It is provided with professional and administrative support services.

2. The Cantonal Government: The cantonal government is responsible for the appointment and dismissal of the president and other members of the child and adult protection authority. It may appoint substitute members.

3. ...

1. The Child and Adult Protection Authority consists of at least five members who possess qualifications in the fields of law, social work, business administration, education, psychology, or psychiatry.

2. Law and social work must each be represented by at least one member within the authority.

1. The local jurisdiction of the Child and Adult Protection Authority encompasses all municipalities of the canton.

2. Within the framework of local jurisdiction, the municipality is considered the domicile of the child under guardianship (Art. 25 para. 2 CC) and the adult under comprehensive guardianship (Art. 26 CC),

a) in which the person concerned had their domicile at the time of the establishment of guardianship or comprehensive guardianship, or

b) * to which they have relocated their habitual residence with the consent of the Child and Adult Protection Authority, or

c) in which they have their habitual residence upon the transfer of the measure from another Child and Adult Protection Authority.

1. The Government Council is the supervisory authority over the Child and Adult Protection Authority (Art. 441 Swiss Civil Code).

1. The Child and Adult Protection Authority issues its decisions, unless otherwise specified, as a collegial body consisting of three members.

2. ...

3. The Child and Adult Protection Authority makes its decisions by a simple majority of those voting. Abstention is not permitted.

4. The Child and Adult Protection Authority may take its decisions via circulation in simple cases, provided they are unanimous. Circulation decisions must be designated as such. In all other cases, the decision is deliberated orally.

1. The President of the Child and Adult Protection Authority shall designate the member responsible for conducting the proceedings.

2. The responsibilities of the proceedings management include, in particular

a) * Ordering super-provisional measures (Art. 445 para. 2 CC);

b) * Appointing a representative for the proceedings before the Child and Adult Protection Authority;

c) * Granting free legal aid;

d) * Ordering expert reports;

e) * Issuing decisions on dismissal and non-entry.

3-6

...

1. If the required cooperation (Art. 448 Swiss Civil Code) is refused, the proceeding authority can order enforcement by compulsion. Specifically enforceable are

a) * personal summonses;

b) * medical examinations;

c) * the surrender and securing of documents, objects, and assets.

2. Police assistance may be employed for the enforcement of compulsory cooperation obligations.

3. Anyone who unjustifiably refuses to cooperate shall bear the costs of enforcement by compulsion.

1. The following child protection matters fall under the individual jurisdiction of each member

1. Filing an application for re-regulation of parental custody with the divorce or separation court (Art. 134 para. 1 Swiss Civil Code);

2. Approval of maintenance agreements and re-regulation of parental custody and care when the parents agree (Art. 134 para. 3 and Art. 287 para. 1 and 2 Swiss Civil Code);

3. Filing of an application for the appointment of a child's representative in divorce or separation proceedings (Art. 299 para. 2 lit. b Swiss Code of Civil Procedure);

4. Acceptance of the consent statement by the father and mother for adoption (Art. 265a para. 2 Swiss Civil Code);

5. Acceptance of the joint declaration of unmarried parents to obtain joint parental custody (Art. 298a Swiss Civil Code);

6. Appointment of an adviser to clarify paternity and protect maintenance claims (Art. 308 para. 2 Swiss Civil Code);

7. Execution of judicial orders, including the appointment of an adviser (Art. 315a Swiss Civil Code);

8. Order for inventory and periodic accounting and reporting on the child's assets (Art. 318 para. 3 and 322 para. 2 Swiss Civil Code);

9. Acceptance of the inventory of the child's assets upon the death of a parent (Art. 318 para. 2 Swiss Civil Code);

10. Approval for the depletion of the child's assets (Art. 320 para. 2 Swiss Civil Code);

11. Order of a representation for the unborn child to safeguard inheritance rights (Art. 544 para. 1bis Swiss Civil Code).

2. The following adult protection matters fall under the individual jurisdiction of each member

1. ...

2. Consent to legal actions of the spouse within extraordinary asset management (Art. 374 para. 3 Swiss Civil Code);

3. Determination of representation rights concerning medical measures (Art. 381 and 382 para. 3 Swiss Civil Code);

4. Admission or approval of the initial inventory and order for a public inventory (Art. 405 para. 2 and 3 Swiss Civil Code);

5.-7. ...

8. Application for ordering a succession inventory (Art. 553 para. 1 Swiss Civil Code);

9. ...

10. Filing of a criminal complaint according to Art. 30 para. 2 Swiss Criminal Code.

2bis. Furthermore, the individual jurisdiction of each member includes

1. Change of professional adviser with the release of the previous adviser from the obligation to file the final report and final account (Art. 425 para. 1 sentence 2 Swiss Civil Code);

2. Examination and approval of the final report and any possible final accounting (Art. 425 para. 2 Swiss Civil Code);

3. Transfer of an existing measure to the authority of the new domicile (Art. 442 para. 5 Swiss Civil Code);

4. Granting access to files (Art. 449b Swiss Civil Code);

5. Providing information on the existence and effects of a measure (Art. 451 para. 2 Swiss Civil Code);

6. Approvals according to the Ordinance on Asset Management in the context of guardianship (VBVV).

3. If the nature of the decision requires it, the competent member may request a decision by a panel of three.

1. Anyone who becomes aware of a person's need for assistance during their official duties is obligated to report it to the Child and Adult Protection Authority (Art. 443 para. 2 Swiss Civil Code). Additionally, school administrations and teachers of private educational institutions, as well as health professionals who become aware of a person's need for assistance in the course of their professional activities, are also required to report.

1. The professional and administrative supporting services are under the direction of the President of the Child and Adult Protection Authority.

2. ...

1. The Child and Adult Protection Authority may levy fees in addition to expenses. The fees range between CHF 20 and CHF 10,000.

2. The Government Council shall issue a tariff.

1. The government council may establish a corresponding advisory service to promote cooperation in child protection or delegate this task to suitable third parties.

2. ...

1. The municipalities conduct professional guardianships in three regions

a) * Hinterland (Urnäsch, Herisau, Schwellbrunn, Hundwil, Stein, Schönengrund, Waldstatt);

b) * Midlands (Teufen, Bühler, Gais, Speicher, Trogen);

c) * Foreland (Rehetobel, Wald, Grub, Heiden, Wolfhalden, Lutzenberg, Walzenhausen, Reute).

2. The cooperation among the municipalities is governed by the Municipalities Act[32]. For this purpose, they enter into an agreement which requires approval by the Council of State to become binding. In this agreement, they specifically determine the headquarters, and they regulate cooperation and the distribution of costs.

3. The professional qualification of the managers and employees must be demonstrated through education or practice. The workload of the professional guardians must amount to at least 40 percent.

4. In all other respects, the organization of the professional guardianships is a matter for the municipalities.

1. The Professional Guardianships

a) * ensure the recruitment and supervision of private guardians according to the directives of the Child and Adult Protection Authority;

b) execute the mandates which the Child and Adult Protection Authority does not assign to private guardians;

c) ensure, in consultation with the Child and Adult Protection Authority, the regular further training of guardians.

2. The establishment of an official inventory pursuant to Art. 405, paragraph 3 of the Civil Code (ZGB) takes place according to the regulations concerning the official inventory under inheritance law (Art. 80 et seq.).

1. Guardians and deputies are entitled to compensation and reimbursement of expenses from the estate of the affected person pursuant to Art. 404 of the Swiss Civil Code (ZGB). The Child and Adult Protection Authority determines the compensation.

2. The compensation amounts to between CHF 600.- and CHF 20,000.- per year, plus expenses.

3. For asset management, the compensation amounts to a maximum of 5 per thousand of the managed net assets.

4. In particularly difficult circumstances that require extraordinary efforts, compensation may be set at up to twice the maximum amount.

5. If there are no assets, the compensation determined by the Child and Adult Protection Authority shall be borne by the responsible professional guardianship.

6. The Executive Council shall issue a tariff.

1. The Child and Adult Protection Authority exercises supervision over the guardians and can issue instructions to them.

2. ...

1. Involuntary placement is ordered by the Child and Adult Protection Authority (Art. 428 Swiss Civil Code).

2. In cases of suspected mental disorders, the Child and Adult Protection Authority obtains an expert opinion from a qualified person. This requirement may be waived if a member of the authority involved in the decision possesses the necessary professional and technical expertise.

1. Any medical professional who holds a license to practice in the canton may order the placement (Art. 429 Swiss Civil Code) and the retention of a person who has voluntarily entered an institution (Art. 427 para. 2 Swiss Civil Code).

2. The validity of the medical placement is limited to six weeks.

3. ...

1. The institution decides on the discharge (Art. 429 Para. 3 Civil Code).

2. The institution shall promptly notify the admitting physician of the discharge.

1. If the institution or the referring physician deems it necessary for the accommodation to continue for more than six weeks, they shall submit an application for the continuation of the measure to the Child and Adult Protection Authority.

2. The application must be submitted no later than eight days before the expiration of the six-week period. The necessary documents must be attached to the application.

1. If there is a risk of relapse, an appropriate follow-up care agreement is to be established between the facility and the individual upon their discharge.

2. If no such agreement is reached and the facility is responsible for the discharge, the person responsible for the treatment shall apply for appropriate follow-up care with the Child and Adult Protection Authority prior to the discharge (Art. 437 para. 1 Swiss Civil Code).

3. If the Child and Adult Protection Authority is responsible for the discharge, it shall obtain the opinion of the person responsible for the treatment and make a decision.

4. The Child and Adult Protection Authority may appoint a guardian for the affected person, tasked with accompanying them and overseeing compliance with instructions through appropriate monitoring.

1. The Child and Adult Protection Authority may order outpatient measures to prevent a custodial placement (Art. 437 para. 2 Swiss Civil Code).

2. Permissible are those measures that appear suitable to prevent admission to a facility or a relapse after discharge.

3. Outpatient measures can be part of aftercare.

4. The Child and Adult Protection Authority may authorize the custodian or third parties to enter the residence of the affected person in their presence and to monitor compliance with the outpatient measures.

1. Persons residing in the canton may deposit their advance care directive (Article 360 of the Swiss Civil Code) with the Child and Adult Protection Authority for a fee.

2. ...

2bis. The Child and Adult Protection Authority maintains a register of deposited advance care directives and stores them in a secure location.

3. ...

1. Recourse in Case of Liability (Art. 454 CC) to the Person who Caused the Damage is Governed by Cantonal Provisions on Liability for Damage Caused by Officials and Employees of the Public Sector. According to these Provisions, Recourse may also be Taken Against Private Assistants and Guardians.

2-3

...

1. The proceedings before the Child and Adult Protection Authority and the Higher Court are governed by the Administrative Procedure Act, subject to any different provisions of this law.

2-3

...

1. For the enforcement of the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults, the following competencies apply

a) The Central Authority for the Hague Conventions on the Protection of Children and Adults (Art. 2 para. 1 BG-KKE) is the Child and Adult Protection Authority;

b) The competent cantonal court for assessing applications for return, including measures to protect children (Art. 7 para. 1 BG-KKE), is the Supreme Court;

c) The enforcement authority for child returns (Art. 12 para. 1 BG-KKE) is the Department of Internal Affairs and Security.

2. For the enforcement of the Federal Act on the Hague Convention on Adoption and on Measures to Protect the Child in International Adoptions, the following competency applies

3. The Central Authority within the meaning of the Hague Convention on Adoption is the Child and Adult Protection Authority. This authority may delegate investigations to suitable third parties and is authorized to conclude related agreements with public or private institutions.

1. The Superior Court is competent for appeals against decisions made by the Child and Adult Protection Authority (Art. 450 of the Civil Code).

2. The single judge or the individual judge of the Superior Court is competent for appeals against the ordering of custodial placement, against retention in an institution and the dismissal of release requests, against the treatment of a mental disorder without consent, as well as against measures restricting freedom of movement (Art. 439 of the Civil Code).

3. In the context of child and adult protection, the rules concerning the suspension of deadlines do not apply. This provision must be highlighted in the legal remedies instruction.

4. ...

1. If the decedent leaves no persons entitled to inherit, the estate shall, subject to the usufruct rights of the great-grandparents and siblings of the grandparents, devolve half to the canton and the other half to the municipality of their last residence.

2. The assets accruing to the community are to be used for public purposes.

1. The Oral Will (Art. 506 and 507 of the Swiss Civil Code) must be submitted by the witnesses to the president of the district court of the decedent's residential district. The president shall hand over the document drafted by the witnesses, or, in the case of oral disclosure, the recorded protocol thereof, to the municipal council of the decedent's place of residence for safekeeping.

1. Public wills notarized by the municipal clerk are to be received by them in original or in copy against a receipt, registered, and stored in a secure and fireproof location (Art. 504 Swiss Civil Code).

2. Handwritten wills may also be submitted, either open or sealed, to the municipal council at the testator's place of residence for safekeeping.

3. Public wills and inheritance contracts notarized elsewhere may also be submitted to the municipal council for safekeeping.

1. All last wills and succession contracts submitted to the municipal council for safekeeping shall be received by the municipal clerk against a receipt, entered into a special register, and stored in a safe and fireproof location.

2. The municipal council shall have this register reviewed for accuracy every year.

1. The civil registrar is obligated to notify the mayor of the last municipality of residence of every death without delay.

1. The Municipal Head and the Clerk of the Municipality shall promptly prepare an official inventory of the estate in all cases and take any further measures necessary to secure the succession.

2. The inventory shall contain a list of the estate's assets as well as the debts of the deceased.

1. A sealing of the inheritance shall take place if the officials responsible for drawing up the inventory deem it necessary or if one of the heirs explicitly requests it.

1. Wills that have not been submitted to the municipal council for safekeeping (Art. 73) must be handed over to them after the death of the testator.

2. These, like all others, must be officially opened within a month from the date of submission (Art. 557 of the Swiss Civil Code).

3. The opening is conducted by the mayor with the assistance of the municipal clerk, who records the proceedings.

4. Inheritance contracts are also officially opened if this has been stipulated by the contracting parties or requested by an heir.

1. The provisions regarding the call for creditors (Articles 81 and 82) apply mutatis mutandis to the call for heirs according to Article 555 paragraph 1 of the Swiss Civil Code.

1. The request for a public inventory (Art. 580 et seq. of the Swiss Civil Code) must be submitted to the municipal council. The inheritance division commission shall thereafter immediately oversee the administration of the estate until the heirs have decided on the acceptance of the inheritance.

2. Money, securities, and other items that can be easily stolen must be securely stored after being recorded.

3. Inventory items whose storage would cause disproportionate costs or damage may be publicly auctioned.

4. If the continuation of a business proves desirable, the necessary measures will be taken for this purpose.

1. If the legal requirements for the public inventory are met, the municipal council shall order a call for accounts, through which, by means of a public proclamation, the creditors and debtors of the deceased, including surety creditors, are requested to register their claims and debts with the municipal office.

1. The call for creditors is to be published at least twice in the cantonal official gazette, at the domicile of the deceased, and, where necessary, in other publications through which the presumed creditors are most likely to be informed.

2. The deadline for submissions is to be set at a minimum of one month, calculated from the date of the first publication.

3. Creditors must be advised in the publication of the consequences of failing to register their claims.

1. Upon completion of the inventory, each heir is requested to declare within a month's time whether they accept the inheritance.

2. Where circumstances justify it, the municipal council may grant an additional period for obtaining appraisals, settling disputed claims, and the like (Art. 587 of the Civil Code).

1. The costs of conducting the public inventory shall be borne by the estate and, where this is insufficient, by the heirs who requested it.

1. The provisions concerning the public inventory apply mutatis mutandis to the case where the inheritance falls to the state and an official call for creditors must be made (Art. 592 Swiss Civil Code).

1. Each division of an estate shall occur under the supervision and participation of the Estate Division Commission, which consists of the Municipal Chief, at least one additional member of the Municipal Council, and the Municipal Clerk.

1. If the heirs cannot reach an agreement, the Partition Commission, upon the request of one of the heirs, shall form the portions (lots), taking into account local customs, the personal circumstances, and the wishes of the majority of the heirs (Art. 611 of the Civil Code).

1. The Inheritance Division Commission must, in all cases, prepare a complete record of the executed inheritance division.

1. The fees of the municipalities and municipal officials for the preparation of the inventory of the estate and participation in the division of the estate shall be determined by an ordinance of the Cantonal Council.

2. The Executive Council may issue further regulations concerning the procedure for official inventory preparation and official division.

1. In the division of an estate, the fragmentation of forest properties into parcels smaller than 100 ares is prohibited.

2. Partition agreements concerning properties are invalid to the extent that they contravene this provision.

3. Properties consolidated with official assistance may only be divided if such division does not substantially impair the purpose achieved by the consolidation, and only with the approval of the government council.

4. Further regulations on this matter, particularly regarding the reimbursement of received state contributions, are contained in the land improvement legislation of the federal government and the canton.

1. The appraised value at which properties are to be credited to the acquirer during the division of inheritance (Art. 618 of the Swiss Civil Code) shall, in the event of a dispute, be determined by an appraisal commission consisting of three members appointed by the government council on a case-by-case basis.

2. ...

1. Any person with an interest may file a written complaint with the municipal council against the actions of the inheritance division commission within a period of 20 days. Decisions of the municipal council may be appealed to the government council within the same period.

2. If an inheritance claim is disputed, the ordinary court shall decide the matter.

1. By municipal regulation, all or certain probate duties (Art. 71-92) may be assigned to a specific public office.

**1. Component is everything that is connected to a movable or immovable object in such a manner that, if it were separated from it, would be destroyed, damaged, or altered in such a way that it could no longer fulfill its intended purpose.**

**2. Components of real estate include, subject to statutory exceptions, particularly all structures and plants as well as the springs (Art. 667 para. 2 Civil Code).**

**3. According to local custom, a component of the property is anything permanently attached to or below the ground, such as being embedded, built upon, or otherwise connected to it. This also includes everything in a building that is fastened so that it cannot be readily removed.**

1. Specifically considered as components in accordance with the preceding provision

a) the installations firmly attached to the land and serving the use of the property, as well as facilities for the generation, supply, and disposal of substances and forces, such as water, gas, heat, and electrical energy, e.g., pipelines, turbines, boilers, sewage treatment plants, enclosures;

b) anything that is permanently affixed to or in a building, such as lighting and power lines, elevators, heating and bathing facilities, fans, built-in cabinets, frames and mirrors, ceiling and wall paintings.

1. Movable, non-consumable items that are placed in a spatial relationship with a movable or immovable principal object with the intention of permanently serving its management, use, or safekeeping are considered accessories, provided this aligns with the explicit intent of the owner of the principal object or conforms to local custom.

2. According to local custom, accessories include: storm windows, keys, movable, especially portable stoves and ranges, non-built-in bathtubs, washing tubs, barrel racks, and firefighting equipment.

1. If it is the will of the landowner, the permanent facilities serving the use of the building and adapted to it, in particular machines along with the equipment for their operation and maintenance, as well as hotel furniture and hotel linens, are considered appurtenances of the building.

2. The owner expresses his will in this regard, specifically by explicitly selling the mentioned items with the property as its appurtenances, or by including them in a mortgage on the property.

3. He expresses his will independently by having the mentioned objects recorded as appurtenances in the land registry (Art. 805 para. 2, Art. 946 para. 2 Swiss Civil Code).

1. The disposition of the principal matter necessarily and without exception extends to all its components; to the accessories, insofar as they are not excluded from it.

1. The neighbor must permit entry and use of their property upon timely notification with full compensation for any damages, if it is necessary for carrying out work on buildings and other structures at the boundary, as well as for pruning and other maintenance of plantings. Article 150 remains reserved.

1. Trees and shrubs that the landowner plants or allows to grow must maintain the following distances from the boundary, measured horizontally from the center of the trunk's cross-section to the boundary

a) Tall trees that are not fruit trees, and nut trees: 6 m;

b) Tall fruit trees (with the exception of nut trees): 4 m;

c) Dwarf fruit trees, plum, and damson trees: 2.50 m;

d) Smaller garden trees and smaller shrubs, if they do not exceed a height of 3 m or are pruned to this height: 50 cm; otherwise, they must maintain a distance of 2.50 m. Provisions regarding green hedges (Art. 146, para. 2) are reserved.

2. If the neighboring property is vineyard land, these distances increase by half their measure.

3. If the neighboring property is woodland, the boundary distance is 1 m.

1. The neighbor has the right to demand the removal of trees and shrubs that do not have the prescribed minimum distance from the boundary.

2. This claim is extinguished by prescription after five years, calculated from the time of planting.

3. If trees and shrubs grow wild, the period begins when the violation of the distance regulation becomes clearly apparent to the neighbor.

4. The claim for compliance with the height of 3 m according to Art. 140 lit. d is not subject to any prescription.

1. The boundary distances to be maintained from state roads are determined by the provisions of the Road Act, which are also applicable to other public roads and railway lines. Exceptions are reserved for differing municipal regulations and railway legislation.

1. If branches extend over the boundary or roots penetrate from the neighboring property, the landowner has the right to cut them.

2. Roots may be cut without further ado for the use or cultivation of his property by plowing, digging, or excavating; branches may only be cut after the neighbor has been unsuccessfully requested to remove them within a reasonable period.

1. If the landowner tolerates branches extending over the boundary, and the ground of his property is cultivated or built upon, he has the right to the fruits that have grown on the overhanging branches on his side of the boundary line.

2. If, due to the slope of the terrain, more fruits fall onto his land, he must allow the neighbor to collect them.

1. Trees may be felled in such a manner that they fall wholly or partially onto a neighboring property if this cannot be avoided or can only be avoided with disproportionate effort, and the damage caused to the neighbor is not disproportionately large.

2. However, this must not occur at an inappropriate time and only after timely notification of the neighbor.

3. The neighboring property must be fully cleared without delay and restored to its previous condition. Compensation must be provided to the neighbor for any damage that is not remedied thereby.

1. Devices for demarcating and enclosing a property, such as hedges, wooden walls (board fences), and walls, may be placed at the boundary if they do not exceed 1.20 m in height. If they are higher, a distance from the boundary must be maintained that equals the excess height over 1.20 m, but at most the distance required for high-rise structures.

2. For green hedges, the boundary distance is 50 cm; if they exceed a height of 1.20 m, the distance increases by the excess height. The neighbor can demand that they be trimmed in such a way that they do not grow beyond the permissible height based on their distance and do not extend more than 20 cm into the boundary distance.

1. Whoever grazes livestock on their property must protect the neighboring property with a fence or supervise the livestock. Compensation must be provided for any damage caused to the neighbor by the grazing of livestock.

1. Where meadow adjoins meadow or pasture adjoins pasture, the adjoining owners are required to jointly construct the fence. Owners of pastures that border on meadows, arable land, or woodlands must undertake the necessary fencing alone.

1. If a pasture is converted into arable land, a meadow, or woodland, or vice versa, if any of these latter are converted into a pasture, the person who has until now been responsible for the maintenance of the fencing is still obligated to fulfill this duty for three years. After this period, Article 148 applies. However, the fence must be handed over in a condition that cannot be legally contested.

1. The entry onto the neighboring property for the installation or maintenance of the fence is permitted to the extent necessary.

1. Bridges, footbridges, ponds, water collectors, quarries, pits, and generally dangerous places must be enclosed by appropriate, solid fences.

1. Along paths and roads, fences that endanger people and animals are prohibited.

1. For enclosures adjacent to public roads and streets, as well as railways, Article 142 shall apply mutatis mutandis.

1. It is presumed that devices serving as an enclosure of a property against an adjoining open property are part or accessory of the former.

2. The same applies to enclosures that close off a property against roads, public squares, pasture, and forest.

3. If devices for demarcation and mutual protection of adjoining properties are placed on the boundary, co-ownership of the two neighbors is presumed (Art. 670 Swiss Civil Code).

1. Retaining walls belong to the owner of the land on which they have been constructed and must be maintained by him (Art. 103 para. 2).

2. If a retaining wall has been constructed on the boundary, it is considered part of the property of the owner who erected it, unless another arrangement has been made.

3. If it cannot be proven or inferred from the purpose of the wall which property owner constructed it, it is presumed to be jointly owned by the neighbors.

4. If the neighbor who does not have joint ownership of the retaining wall standing on or near the boundary makes structural changes on his property, which would create a neighborly obligation for him to construct the retaining wall, he may be required to acquire joint ownership of the existing retaining wall by purchase.

5. The costs of the purchase and maintenance are to be assessed according to the mutual interest of both parties (Art. 698 CC).

1. Where a winter road exists (right to a driving or sledding road in winter), it is permitted to drive over another's land with sleds or wagons from November 1 to March 1, if necessary, with wood, hay, manure, litter, and building materials for house and yard, and for the cultivation of agricultural and forestry properties, provided the ground is frozen or covered with sufficient snow for a sled track.

2. Exceptionally, in cases of particular urgency, the winter road may also be used when there is no sled track and the ground is not frozen, but only against compensation for the damage caused.

3. The use with agricultural motor vehicles is permitted, but only against compensation for any additional damage caused thereby.

1. The right of the inhabitants of the municipality or a settlement within the municipality to use paths, bridges, and footbridges, which are not demarcated as separate properties, shall be registered in the land register as a personal servitude in accordance with Article 781 of the Swiss Civil Code (ZGB).

2. The obligation to maintain new servitude paths is governed by the provisions of the Swiss Civil Code (Article 741 ZGB).

1. If the involved landowners decide by majority vote, both by number of persons and by land area, to establish an agricultural or forest path, each of them is obligated to make the necessary land available in exchange for compensation, whether through the transfer of land ownership to form a delineated pathway property or through the establishment of a right of way easement.

2. The rights to the new path are accorded to the landowners according to the provisions concerning joint ownership and are connected with the ownership of the properties with which the owners are involved in the pathway.

3. Additional landowners may subsequently acquire joint rights through purchase.

4. If such paths are constructed by landowners who constitute a public-law corporation, Articles 167 and following are applicable.

1. Footpaths must not be used for driving.

2. If they are fenced, they must be kept open to a width of at least one meter.

1. For the execution of land improvements such as water corrections, drainage, afforestation, road construction, alpine improvements, the consolidation of agricultural and forestry properties, and the development of building land, as well as for the maintenance of existing roads, the involved landowners may form a land cooperative.

2. The initiators may form the founding committee themselves, or they may request the participation of the municipal council by appointing a knowledgeable individual to lead the establishment of the cooperative.

3. In this case, the initiators must submit their request to the municipal council in writing, explaining the purpose, the method of execution, the area concerned with the names of its landowners, and the possibilities for financing their project.

4. Based on this information, the founding leader issues an invitation to all interested parties for an orientation meeting.

1. Once the catchment area has been provisionally determined as accurately as possible and a draft statute has been prepared, the founding assembly shall be convened, with a notice period of at least 14 days.

2. If the majority of the landowners, who collectively own more than half of the land within the catchment area, consent to the enterprise, the remaining landowners are obliged to join. Landowners who do not participate in the resolution but were duly invited are considered to have given their approval.

3. In cases of urgency, the government council shall, if necessary, make the required arrangements in accordance with Art. 27.

1. At the founding meeting, a draft of the bylaws prepared by the initiators, with the potential involvement of the chairman appointed by the municipal council, shall be presented for discussion and voting.

2. The draft must specifically include the necessary provisions regarding

a) the purpose of the cooperative and the manner and execution of the enterprise serving its realization;

b) the area of operation, which determines the membership;

c) the distribution of costs;

d) the organs of the cooperative such as the board, the supervisory body, the technical commission (construction execution or assessment commission);

e) the maintenance of the facilities to be created.

3. The adoption of the bylaws requires the approval of the majority of the voting-eligible landowners present at the meeting.

1. The statutes and the minutes containing the information presented to the founding assembly about the project and its financing must be submitted to the Government Council.

2. Upon approval of the statutes by the Government Council, the land improvement cooperative obtains legal personality.

3. If the project or the cost distribution form part of the statutes, they are subject to the objection procedure according to Art. 174.

1. The dissolution of the cooperative requires the approval of the governing council and can only take place once the maintenance of the project is regulated and ensured.

1. If this has not already occurred at the founding meeting, the elections will be conducted following the approval of the bylaws.

2. If, in addition to the cooperative board and the supervisory body, a technical commission is appointed, it shall consist of three members.

3. If the company involves the consolidation of agricultural or forestry properties, the appointment of the technical commission (appraisal commission) is mandatory.

1. The cooperative commissions an expert to prepare the project along with a cost estimate.

2. During the planning process, particularly when it involves land consolidation, an appraisal of all properties within the catchment area (valuation) is to be conducted. At the same time, the previous ownership status, including limited real rights, is to be ascertained.

1. The project, with precise delineation of the catchment area, the estimate, and the cost allocation shall be made publicly available at the municipal office for a period of 30 days following their adoption in the cooperative assembly.

2. Simultaneously, if applicable, the appraisal and the presentation of the unaltered state of ownership shall also be made available.

3. A period of 30 days is set for the interested parties to raise objections. This period begins on the date of publication in the official publication organ, and for those residing outside the municipality, from the date of the special notification made to them.

4. Objections must be submitted in writing, with specific requests and reasoning, to the municipal office for the attention of the cooperative's board, which conducts conciliation negotiations to clarify them and, whenever possible, to settle them amicably, recording the results in a protocol.

1. The submitted files, along with the objections that could not be resolved and the record of the conciliation proceedings, are to be presented to the Government Council.

2. The Government Council handles the submission as follows

a) It examines the project for its appropriateness and feasibility, particularly concerning the proportionality of costs relative to the benefits and the fairness of cost distribution.

b) It refers private law objections back, where appropriate, setting a deadline for initiating civil litigation.

c) It decides on public law objections.

1. Upon approval of the project by the Government Council, the cooperative is granted the authority to expropriate property and limited real rights, insofar as it is necessary for the execution of the project and a contractual agreement could not be reached. The procedure is subject to the law concerning compulsory acquisition.

1. Upon approval of the project and cost estimate, and the resolution of public-law objections by the Government Council, the execution of the proposed works may commence.

2. Should it become necessary during the course of execution to make changes to the project or additions, approval from the Government Council must be obtained, which will decide on the matter after hearing from the parties involved.

1. From the time of approval of the founding resolution until the completion of project execution, changes to the status quo require the approval of the cooperative board. Approval may be denied if otherwise the execution of the project or the conduct of the procedure would be significantly impeded.

2. Approval is particularly required for

a) Actions that alter the intended purpose or value of an included property, such as the construction of buildings, the establishment of gravel pits, and other measures for the exploitation of soil components, timber felling, etc.;

b) Legal transactions involving the transfer of ownership and encumbrances with easements.

1. The inclusion of the property in the land improvement procedure is to be noted in the land register upon application by the cooperative board.

2. If a legal transaction concerning such a property is publicly notarized before the notation is entered, the document should indicate the restriction on disposition.

1. In the consolidation, all land parcels within a naturally or economically defined area shall be included if they need to be considered so that the operation can be conducted in an efficient manner.

2. If the purpose of the consolidation does not require the inclusion of garden and vineyard land, parcels of land on which residential buildings or commercial structures are situated, or where stone, gravel, or clay is commercially exploited, it should be refrained from doing so.

1. Through the consolidation of land, a new property structure is established without the transfer of ownership, in which the parcels included for each participant are replaced by one or very few other parcels of correspondingly larger size, which have the most advantageous form, location, and accessibility for cultivation.

2. The land required by the cooperative for the establishment of common facilities, particularly for road construction, is obtained through retention, by deduction from the total value of the old property structure.

3. If the canton or municipality requires land within the consolidation area for the construction of a proposed road, the government council may order an additional retention and deduction, for which the cooperative must be compensated at market value.

1. Through the reallocation, each participant is to be assigned land with a value equivalent to the quality of their included properties in as few and correspondingly extensive plots as possible, and this should be done, as far as feasible while maintaining equity, in the location where the focal points of the old holdings were situated.

2. Compensation in money may occur

a) to balance minor value differences between the old and new holdings;

b) when only a small plot of low value was included, and suitable land for replacement is lacking, in which case the compensation is assessed based on the market value.

3. If other land improvements are carried out during the consolidation, the added value created by this is taken into account during reallocation.

1. The draft reallocation is to be publicly displayed according to the provisions regarding the project and the cost estimate (Art. 174) and is to be subjected to the objection procedure.

2. After the objections have been settled, the definitive reallocation plan, along with the reordering of easements and registered and annotated rights, is to be submitted to the government council for approval.

3. Upon approval of the reallocation by the government council, the new properties shall pass into the ownership of the persons to whom they have been allocated.

4. Simultaneously, the easements, registered, and annotated rights, which are listed in the reallocation plan as continuing, shall transfer to the new properties, while all others shall cease to exist.

1. Upon the registration of the changes in ownership and servitude resulting from the reallocation, the land registry administrator shall also carry out the transfer of mortgages and charges to the newly allocated properties (Art. 802 Civil Code).

2. No fees shall be charged for the registry treatment of land consolidations or other land improvements as defined under the provisions of this section (Art. 954 para. 2 Civil Code).

1. For the contributions that the cooperative levies to cover the costs of the land improvement project, it has a lien on the included properties of the members that takes precedence over all registered liens without needing registration (Art. 234).

2. A landowner who takes out a loan to pay their cost contributions can grant the creditor a lien that takes precedence over all registered encumbrances by registering it in the land register (Art. 820 of the Swiss Civil Code, Art. 75 and Art. 119 of the Land Register Ordinance).

1. On Soil Improvements Carried Out with State Contributions, in addition to the provisions of this section, the regulations of cantonal and federal special legislation apply, particularly the provisions of the law on grants for the improvement of agricultural homesteads in the Canton of Appenzell A.Rh., the Federal Agriculture Act, as well as the Federal Acts on Forest and Water Construction Policing.

1. The provisions of this law concerning agricultural land consolidation may also be applied to building land if a suitable development necessitates the modification of boundaries (boundary adjustment) or the consolidation and reallocation of building plots (reallocation).

1. Disputes arising from the enterprise among the parties shall be decided in the first instance by the Department of Construction and Economic Affairs.

1. The disposal of deposits of ores, coal, petroleum, natural gas, and other solid, semisolid, liquid, or gaseous hydrocarbons and minerals for the production of atomic energy, as well as salt deposits, is a privilege of the canton.

2. The competent authority for this privilege is the Council of State.

3. The Council of State is especially responsible for granting prospecting and development permits as well as for granting exploitation concessions (mining rights concessions).

4. The administration of the mining privilege can be further regulated by an ordinance of the Cantonal Council.

1. On the Exercise of Hunting and Fishing, the relevant federal and cantonal laws and regulations apply. The entry into foreign meadows, pasture lands, and forests for the purpose of exercising hunting and fishing rights is only permitted to those entitled to hunt and fish, insofar as it can occur without causing harm to the landowners. Compensation is to be provided for any damage incurred (Art. 699 of the Swiss Civil Code).

1. Non-pledgeable and non-seizable are the real estate properties of the administrative assets of the canton, as well as those of the municipalities and other bodies governed by cantonal public law (Federal Act on Debt Enforcement Against Municipalities and Other Bodies Governed by Cantonal Public Law).

2. Real estate properties of the utility assets of a municipality or body governed by cantonal public law may only be pledged for the financing of expenses related to their security or revenue enhancement, and only with the approval of the governing council.

1. A statutory lien that precedes all registered encumbrances exists without registration

a) for the premiums owed to the cantonal fire and natural disaster insurance institution, for a duration of two years from their due date;

b) for the public law contributions on real estate, buildings, and other structural facilities allocated to the costs of construction and expansion of roads, streets, land improvements, land consolidations, wastewater facilities, and watercourse improvements, for a duration of ten years from the time of cost allocation.

2. ...

3. The duration for which the lien exists is extended by the period of any granted deferral, but no more than two years.

4. The creditor may pursue collection through attachment or bankruptcy proceedings, without prejudice to their statutory lien.

5. The protection of bona fide third parties as per Art. 836 Para. 2 of the Swiss Civil Code (ZGB) remains reserved for liens exceeding an amount of 1,000 francs.

1. The Government Council regulates the official appraisal system.

1. The Limitation of Charges for the Establishment of Land Charges on Agricultural Properties is Governed by the Provisions of Article 73 et seq. of the Federal Act on Rural Land Rights.

1. The existing termination restrictions under cantonal law are repealed.

2. Promissory notes established during the validity of the termination restrictions are terminable pursuant to Article 847 of the Swiss Civil Code.

1. The government council may authorize financial institutions and cooperatives that deal with the issuance of loans to accept a lien on livestock without transfer of possession (livestock pledge, Article 885 of the Swiss Civil Code).

2. The relevant statutes and regulations of these institutions require the approval of the government council.

1. Livestock Pledging Without Transfer of Possession is conducted through an entry in a registration protocol maintained by the Debt Enforcement Office.

2. The details regarding the maintenance of the protocol and the fees are determined by the Federal Council's ordinance concerning livestock pledging.

3. The Debt Enforcement Office, also acting as the Registration Office, is subject to the supervision of the Higher Court.

1. Any person wishing to engage in the pawnbroking business (Art. 907 et seq. Swiss Civil Code) must obtain a permit from the Governing Council.

2. The permit may only be granted to public or charitable institutions or to individuals who can demonstrate a good reputation and have neither declared bankruptcy nor undergone unsuccessful debt enforcement in the last three years.

3. The Governing Council may, if necessary, order an audit of the pawnbroking business, levy fees, and establish further regulations.

1. Each municipality constitutes a land registry district, but two or more municipalities may join together to form a land registry district.

2. The formation of such land registry districts may be ordered by the Government Council with the approval of the Cantonal Council, where this seems necessary for the efficient organization and expert management of the land registry office.

1. The municipal council elects a registrar of deeds and at least one deputy, who acts under their own responsibility when the registrar is prevented from performing their duties or is recused. The election of the registrar of deeds and deputies requires the approval of the government council.

2. The professional qualification of registrars of deeds and their deputies must be proven through education or practice. The government council shall regulate the details by ordinance.

3. The registry offices must be equipped with adequate professional and support staff to ensure that all tasks are carried out flawlessly at all times.

1. The municipalities bear the costs of maintaining the land register and collect the land register fees.

2. The fee schedule for maintaining the land register is issued by the cantonal council.

1. The land registry offices are subject to the supervision of the government council.

2. The government council exercises its supervision by deciding on general and specific land registry complaints, issuing regulations and service instructions, conducting inspections, including in municipalities without a federal land register, and implementing measures to remedy deficiencies in organization and administration (Art. 956 - 956b Swiss Civil Code).

1. The canton is responsible for all damage arising from the keeping of the land register.

2. It has a right of recourse against the relevant municipality, and the municipality in turn against the officials and employees of the land register administration, as well as the organs of the direct supervision, who are at fault.

3. The municipalities may demand appropriate security from the officials and employees of the land register administration (Art. 955 Swiss Civil Code).

1. The government council may order the public rectification procedure according to Article 976c of the Swiss Civil Code (ZGB) in a specific area. It shall regulate the details by ordinance.

2-4 ...

1. The data from the main register that can be accessed without proof of interest according to Art. 970 para. 2 of the Swiss Civil Code (ZGB) shall be made publicly accessible on the Internet. The government council shall regulate the specifics by ordinance.

2. The government council shall regulate, by ordinance, the extended access to data from the computerized land register through a retrieval process. Data access shall be free of charge for authorized users from the canton, municipalities, and other institutions that perform public tasks.

3. ...

1. The maintenance of land registers using information technology and electronic commerce for land registry offices is permitted in accordance with federal law. The government council shall regulate the specifics by ordinance.

1. All public-law property restrictions under cantonal law, which impose a permanent usage and disposal restriction or a property-related obligation on the owner, must be noted in the land register.

1. A public auction must be publicly announced at least eight days prior to its conduction and must be held in the presence of at least two persons appointed by the municipal council for this purpose, one of whom shall keep the record.

1. At the beginning, the auction conditions must be read out. A description of the real estate, including, if possible, the area measurement, as well as a complete list of all rights and encumbrances, must be included in the auction conditions.

2. These documents must be made available for inspection during the auction.

1. The seller may immediately withdraw from the sale if payment is not made in cash or according to the auction conditions.

1. A record must be made of every auction and officially preserved.

1. During auctions of real estate, all bids must be recorded in the protocol, whereas for auctions of personal property, only the bid on which the contract is awarded must be recorded.

1. The provisions of the Swiss Code of Obligations (OR) and the Swiss Debt Enforcement and Bankruptcy Act (SchKG) concerning auctions remain reserved.

1. Depositories are, in all cases where a deposit is provided for and where no other depository is designated by law or by a resolution of the Government Council, the branches of Swiss banks and savings banks in the Canton of Appenzell Ausserrhoden that are subject to the Banking Law.

1. For damage unlawfully caused to third parties by officers, employees, or members of authorities of the canton, the municipalities, and other legal entities under public law during the exercise of their official duties, the public entity is liable.

1. If civil servants, employees, or agency members have caused the damage intentionally or through gross negligence, the state may seek recourse against them to the extent that it has provided compensation for the damage, even after the termination of the employment relationship.

2. If recourse is sought against multiple parties responsible for the damage, Article 266 applies.

1. For damage caused intentionally or through gross negligence by officials, employees, or members of an authority of a community to the community itself, they are liable.

1. If the injured party has consented to the harmful act or omission, or if they are responsible for circumstances that have contributed to the creation or enlargement of the damage, or in particular, if they have failed to make use of legal remedies or other legal recourses to avert the damage, the judge may reduce the compensation claim or reject it entirely.

2. If the damage has been inflicted on the community, these provisions apply accordingly, particularly concerning the authorization by the superior authority as well as their approval or toleration of the behavior of the official or employee who caused the damage.

3. Furthermore, Articles 42, 43, and 44 of the Swiss Code of Obligations (OR) are decisive for the determination of the damage, the specification of compensation, and the grounds for reduction.

1. If multiple authorities, authority members, officials, or employees have jointly caused the damage through intentional cooperation, they shall be jointly and severally liable.

2. In all other cases, each of them shall be liable for the portion corresponding to the degree of their fault.

1. The liability provisions of federal law remain reserved.

1. If a person suffers damage without their own fault due to the lawful exercise of state authority for reasons of public welfare, they are entitled to claims for compensation against the state to the extent that such claims arise from the analogous application of the principles of the law on compulsory acquisition.

1. The Government Council issues a standard employment contract for employees in domestic service.

1. A marriage contract validly concluded before the entry into force of the Swiss Civil Code (ZGB) remains valid even after this time, but it has effect towards third parties after the entry into force of the ZGB only on the condition that it is registered with the governing council for entry into the property rights register before this time (Art. 10 Final Title ZGB).

1. Marriages existing at the time the Swiss Civil Code enters into force shall remain subject to the previous property law with respect to the relationship between the spouses, with the exception of the provisions regarding the extraordinary matrimonial regime, separate property, and the marriage contract.

2. By submitting a joint written declaration to the Government Council for the attention of the property register, the spouses can also subject their legal relations to the new law, either for the entire duration of the marriage or from a specific point in time (Art. 9 Final Title Swiss Civil Code).

1. The existing lie-standing bonds and bearer bonds at the time of the Swiss Civil Code (ZGB) coming into effect shall remain valid and, subject to Article 273, shall be governed by the provisions of the Cantonal Bond Act of April 30, 1882 (Art. 22 Final Title ZGB).

2. By mutual agreement, the parties may at any time convert the existing bonds, as well as annuities established under federal law or earlier cantonal law, into types of pledges under the new law.

1. A progression of the posterior lien by operation of law upon the amortization or invalidation of a prior lien no longer occurs. Exceptions are made for special agreements that are expressly contained within the lien.

1. Until the introduction of the land register, the entries and deletions in the previous records of land transfers, servitudes, and mortgage protocols at the municipal offices have the effect of a land register with regard to the creation, transfer, modification, and extinction of property rights (Art. 48 Transitional Title of the Swiss Civil Code).

2. However, in every land register district, even before the introduction of the land register, the journal must be maintained according to the federal form in accordance with Art. 948 of the Swiss Civil Code and the provisions of the ordinance concerning the land register.

1. The land register is introduced based on the official survey.

2. The time of introduction for each municipality is determined by the government council.

1. The additional instructions necessary for the introduction of the land register shall be issued by the government council within the framework of the federal regulations.

2. ...

1. Real estate that belongs to the administrative assets of the canton, municipality, or another corporation under public law shall be recorded in the land register upon its introduction.

2. The decision regarding the registration of real estate in public use, insofar as it is not necessary according to Art. 944 para. 2 of the Swiss Civil Code (establishment of real rights), is made by the government council.

1. Even before the amendment of Articles 37-70 dated February 20, 2012, comes into effect, the members of the new Child and Adult Protection Authority, the professionals in the specialist services, and the professional guardianship associations can be employed. They may review the files of existing measures as well as pending proceedings in the field of the new child and adult protection law.

1. Upon the enactment of this law, the provisions of cantonal law that conflict with it are repealed. In particular, the following are repealed

1. Law of April 30, 1911, concerning the introduction of the Swiss Civil Code for the Canton of Appenzell A.Rh.[67];

2. Cantonal Ordinance for the Introduction of the Federal Act on the Revision of Titles XXIV-XXXIV of the Code of Obligations, of December 18, 1936, for the Canton of Appenzell A.Rh.[68];

3. Law of April 29, 1906, concerning the authorization of municipalities to establish building regulations[69];

4. Ordinance of December 27, 1917, concerning the implementation of the Federal Water Rights Legislation in the Canton of Appenzell A.Rh.[70];

5. Introductory Ordinance of February 15, 1965, to the Federal Act of December 19, 1963, on the Amendment of the Fourth Part of the Civil Code (Co-ownership and Condominium Ownership)[71];

6. Introductory Ordinance to the Federal Act on Cartels and Similar Organizations of December 20, 1962[72];

7. Introductory Ordinance to the Federal Act on Installment and Advance Payment Contracts of March 23, 1962[73];

8. Art. 40 para. 1 of the Law of April 27, 1941, on the Introduction and Application of the Swiss Criminal Code and on Cantonal Criminal Law for the Canton of Appenzell A.Rh.[74];

9. Art. 50k para. 3 of the Law of April 27, 1958, on Direct Taxes for the Canton of Appenzell A.Rh.[75];

10. Art. 7 of the Regulation of March 22, 1952, concerning the care of alcohol-endangered persons[76].

1. This law shall enter into force upon adoption by the Landsgemeinde.