Kanton Glarus (EGZGB)

¹ Competence and procedure are governed, subject to federal law provisions, in particular the Code of Civil Procedure, by the Court Organization Act and the Administrative Justice Act.

Art. 2-8b *

1.2. Administrative Authorities²)

1. The Child and Adult Protection Authority within the meaning of the Swiss Civil Code is the cantonal Child and Adult Protection Authority according to Articles 63a et seq. of this Act.

1 The Child and Adult Protection Authority is responsible for all tasks

assigned to it by federal law.

2 It is also competent in all those cases where, in the areas of child law (7th and 8th Titles, Art. 252 et seq. SCC), family community (9th Title, Art. 328 et seq. SCC) and adult protection (3rd Division, Art. 360 et seq. SCC), the canton is required to designate a competent authority and no differing regulation exists in federal law or cantonal law.

2a It accepts advance care directives (Art. 360 et seq. SCC) for safekeeping.

3-4

1) Amended by LBK

2) Amended by LBK

LB 4 1

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1. The following authorities are responsible for the enforcement of the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults (BG-KKE)

1. The Child and Adult Protection Authority is the central authority for the Hague Child Protection Convention and the Hague Adult Protection Convention (Art. 2 para. 1 BG-KKE); it is also the enforcement authority for child returns (Art. 12 para. 1 BG-KKE);

2. The competent cantonal court for the assessment of return applications, including measures for the protection of children (Art. 7 para. 1 BG-KKE), is the High Court (Obergericht).

1. The Cantonal Police are responsible for: SCC

1. * Art. 720 and 720a, receiving reports of found property, including those concerning animals;

2. Art. 721, storage and auction of found property.

1 The Debt Enforcement and Bankruptcy Office is responsible for: Swiss Civil Code (ZGB)

1. Art. 910, Ordering the public invitation to redeem the pledged item and the sale of the pledged item.

1 The Municipal Council of the domicile community is responsible in the following cases

ZGB *

1. Art. 84, Supervision of foundations belonging to the municipality;

2.-3.

4. *

*

5.-6. *

1. Das Grundbuchamt verfügt in folgenden Fällen: ZGB

| | | | | | --- | --- | --- | --- | | 1. | Art. 833 und 834, Verlegung der Pfandhaft und Anzeige der Schuldübernahme[[3]](#enumeration_itemtext_content_fn_455065_2_3_c); | | |

| | | | | | --- | --- | --- | --- | | 2. | Art. 852, Verlegung der Gülten; | | |

| | | | | | --- | --- | --- | --- | | 3. | Art. 861 Abs. 2, Zahlungen des Grundpfandschuldners; | | |

| | | | | | --- | --- | --- | --- | | 4. | Art. 882, Überwachung der Auslosungen. | | |

¹ The Government Council is the competent authority in the following cases: Swiss Civil Code (ZGB)

1.-2. *

3. Art. 78, Action for the dissolution of an association;

4.-11. *

12. Art. 702, Orders concerning the protection of homeland/heritage;

13.-15. *

16. Art. 885, Authorization for the acceptance of pledges of livestock;

17. Art. 907, Permit for the operation of the pawn business;

18. 4)

19. 5)

20. *

¹ The competent department recognizes marriage and family counseling centers (Art. 171 CC) and, upon request of the Child and Adult Protection Authority, makes decisions regarding adoptions (Art. 268 para. 1 CC).

¹ The Government Council designates the competent cantonal administrative authority for the approval of name changes (Art. 30 para. 1 and 2 CC).

²

³ The Government Council designates the cantonal administrative authority competent ex officio for filing actions for the annulment of marriage and for the annulment of registered partnerships.

1. Die Aufsicht über Stiftungen, die mehreren Gemeinden oder dem Kanton angehören sowie über Personalvorsorgeeinrichtungen wird vom zuständigen Departement wahrgenommen. Dieses ist auch zuständig für die Änderung von Zweck und Organisation sowie für die Aufhebung von Stiftungen. Es klagt auf Aufhebung einer Stiftung wegen eines widerrechtlich oder unsittlich gewordenen Zwecks.

2. Stiftungen, welche ihrer Bestimmung nach unter die Aufsicht der Gemeinde fallen, können mit Einwilligung des Stiftungsrates und des zuständigen Gemeinderates auch der Aufsicht des Kantons unterstellt werden.

3. Das zuständige Departement als kantonale Aufsichtsbehörde ist Oberaufsichtsbehörde für Stiftungen, die unter Aufsicht der Gemeinde stehen.

4. Der Regierungsrat bezeichnet das zuständige Departement und erlässt die notwendigen Ausführungsbestimmungen und einen Gebührentarif[[6]](#paragraphtext_content_fn_886148_2_6_c). Die zu erhebenden Gebühren orientieren sich am Aufwand und am Vermögen der zu kontrollierenden Einrichtungen.

5. Die in den Absätzen 1 und 3 genannten Funktionen und Tätigkeiten können vom Landrat im Rahmen einer interkantonalen Vereinbarung auch einer Aufsichtsbehörde eines anderen Kantons oder einer gemeinsamen Einrichtung des öffentlichen Rechts übertragen werden.

1 The Government Council regulates the enforcement of court-ordered electronic surveillance for the protection of persons affected by violence (Art. 28c para. 1 CC and Art. 343 para. 1bis CPC) in an ordinance.

2 The competent department may delegate the technical implementation or the enforcement of electronic surveillance to an entity outside the administration.

3 The court ordering electronic surveillance shall impose the costs of enforcement on the monitored person, taking into account their financial circumstances.

1 Subject to the following deviations, legal protection against orders of the administrative authorities pursuant to Articles 9 et seq. shall be determined by the provisions of the Administrative Justice Act7).

2 The right to appeal against orders of the Debt Enforcement and Bankruptcy Office pursuant to Article 11 shall be governed by the cantonal implementing law on debt enforcement and bankruptcy8).

3 In cases under Article 12 paragraph 4, there is no possibility of appeal.

4 Legal protection against decisions of the child and adult protection authority shall be governed by Article 67.

4a-5

Art. 17a-17c

6) GS III B/4/2/1

7) GS III G/1

8) GS III D/1

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1 The Cantonal Valuation Commission is responsible for determining damages and compensation in cases where the obligation to pay compensation is recognized under public law or established by a decision, and where no other authority is expressly declared competent; it is competent in particular in the cases of Articles 711 and 712 of the Swiss Civil Code as well as Articles 156, 163, 181, 192, 208, 209 and 226 of this Act.

2 The determination of damages and compensation under private law, particularly in neighbor law disputes, remains reserved for the civil judge, especially in the cases of Articles 691-695, 700, 701, 706, 709, 710 and 736 of the Swiss Civil Code as well as Articles 139, 139a, 140 and 212 of this Act.

3 An administrative court appeal may be lodged against the valuation decision of the Cantonal Valuation Commission within 30 days. The Administrative Court may also examine the appropriateness.

2. Organizational Provisions and Cantonal Civil Law

2.1. General Provisions

2.1.1. ...

Art. 19-25

2.1.2. Publication

1 Public announcements, invitations, and proclamations prescribed by the Civil Code and this Act shall be made in the Cantonal Official Gazette, unless the Confederation prescribes a different form.

2 Where circumstances justify it, an appropriate proclamation shall also be made in other suitable publications.

3 In the cases of Articles 36, 555, 558, 662 and Article 43 Transitional Provisions Civil Code, the proclamation in the Official Gazette must be made twice; in the case of Article 582, it must be made three times.

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1. The publication in the Swiss Official Gazette of Commerce prescribed in the Civil Code remains reserved, as does the power of the competent cantonal and municipal authorities to make further announcements.

2.2. Law of Persons

2.2.1. Civil Capacity to Hold Office

1 As the seat of the Child and Adult Protection Authority within the meaning of Articles 25 and 26 CC for minors under guardianship and for adults under comprehensive guardianship, the following municipality shall be considered

a. the municipality in which the person concerned has their domicile at the time the guardianship or comprehensive guardianship is established; or

b. the municipality to which they relocate their habitual residence within the jurisdiction of the Child and Adult Protection Authority with the latter's consent; or

c. the municipality in which they have their habitual residence when the measure is transferred from another Child and Adult Protection Authority.

2.2.2. Civil Status Matters (Art. 40 CC)

1 The canton forms a single civil status district.

2 The canton maintains the civil status office.

3

*

Art. 30-31 *

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1 The competent department is the supervisory authority for cantonal civil status matters. The Government Council designates the competent department and issues the necessary implementing provisions. It may delegate tasks of the supervisory authority to an administrative authority subordinate to the department.

2 The supervisory authority is responsible for disciplinary measures in cases of breaches of official duty by persons employed at the civil registry office.

1 Legal protection against official acts of the civil registry office or the civil registrars is governed by the Federal Civil Status Ordinance. The first instance for appeals is the competent department (supervisory authority), and the second instance is the Administrative Court.

1. Rights-holding municipalities, common land cooperatives, seed, forest, alpine pasture, treasury, well, hydrant, road, water rights, river, ravine, and ditch corporations, and the like remain subject to the provisions of cantonal law.

2. They acquire legal personality upon the approval of their statutes by the competent department, without entry in the Commercial Register.

3. This provision also applies to already existing corporations.

1 The competent Department may refuse the approval of the articles

of association sought from it only if

a. the corporation pursues an unlawful, immoral, or public welfare-

endangering purpose;

b. the articles of association contain provisions that contravene the

Federal or Cantonal Constitution, existing laws, or generally

accepted legal principles.

1 Unless special laws or the statutes of a corporation prescribe otherwise, it is assumed that for claims against the corporation, only its assets, but not those of the individual members, are liable, and that these members are not entitled to demand partition of the corporate property and segregation of their share.

2 The accounting for corporations is governed by Article 957, paragraphs 2 and 3 of the Code of Obligations.

1 Resolutions of a corporation that exceed the scope of its purpose, or are adopted in a manner contrary to the articles of association, or infringe upon well-acquired rights of individual members, may be challenged by the minority.

2 Such a challenge must be initiated within one month before the conciliation authority or, if an arbitration tribunal is provided for in the articles of association, by filing the legal claim with the arbitration tribunal or by serving the legal claim on the opposing party with the request to conclude an arbitration agreement, in accordance with the provisions of the Civil Procedure Code.

1 Unless statutory provisions dictate otherwise, a corporation may dissolve itself by a majority resolution, subject to observing the regulations contained in its articles of incorporation. The minority may challenge the resolution for dissolution in accordance with Article 38 if their own or public interests are thereby endangered.

1. Im Falle der Auflösung einer Korporation sind für die Verwendung ihres Vermögens die Statuten massgebend. Enthalten diese darüber keine Bestimmung, so fällt das Korporationsvermögen, sofern die Korporation für einen Gemeindezweck gegründet oder vorzüglich im Interesse der Bürger oder Einwohner einer bestimmten Gemeinde gelegen war, der Gemeinde, wenn sie einen andern öffentlichen Zweck hatte, dem Kanton zu. In allen andern Fällen wird das Vermögen unter die Mitglieder verteilt, und zwar, wo Teilrechte bestehen, nach Massgabe derselben, sonst nach der Kopfzahl.

1. If, according to Article 40, a corporate asset falls to a municipality or the canton, it shall be incorporated into those assets whose purpose is most closely related to that of the dissolved corporation.

2.3. Family Law

2.3.1. Register of Matrimonial Property (Art. 251 CC)

1. The matrimonial property register according to Article 251 CC in the version of December 10, 1907, is available for inspection at the Commercial Register, which also receives the declarations according to Article 9 Final Title.

2.3.2. Law of Parentage (Art. 273 et seq. CC)

1 The social welfare offices retain the powers of social welfare granted to them by the Public Social Welfare Act for children who are themselves supported, or whose parents receive support, even in cases where parents have not been deprived of parental authority. *

2 This also applies if the parents wish to waive support for the children before their upbringing and proper training for independent livelihood have been completed.

3 The parents retain the right of appeal to the competent department and, against its decision, to the administrative court. *

1 …

2 The right to report child endangerment to the child protection authority is vested in everyone. All public employees, particularly police officers, who become aware of such a case in the exercise of their duties, as well as social and school authorities, clergy and teachers, judicial authorities and doctors under the same conditions, are obliged to report it.

Art. 45–53c * …

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2.3.3. Paternity Suit (Art. 307–327 SCC)

Art. 54-63 *

2.3.4. Child and Adult Protection

2.3.4.1. Organisation

1 The authorities of child and adult protection law are

a. the Child and Adult Protection Authority;

b. the Supervisory Authority;

c. the Appeals Instance.

1 The Child and Adult Protection Authority is an interdisciplinary expert authority. It has affiliated support services.

2 It consists of the President, at least three permanent members, and three to five additional members. A three-member composition is ordinary, a five-member composition is extraordinary.

3 The President leads the support services in administrative, professional, and personnel matters.

4 The Government Council issues regulations on the professional requirements for the members of the Child and Adult Protection Authority.

Art. 63ba *

Art. 63bb *

1 The Child and Adult Protection Authority regulates minute-taking. The minute-taker has an advisory vote.

Art. 63bc *

1 The Child and Adult Protection Authority may commission third parties, particularly the Social Services Department, to conduct investigations or assessments, or obtain information from them. *

1. Die Kindes- und Erwachsenenschutzbehörde regelt die Protokollführung. Diese hat beratende Stimme.

1. Die Kindes- und Erwachsenenschutzbehörde kann Dritte, namentlich die Abteilung Soziale Dienste, mit der Abklärung oder Begutachtung beauftragen oder bei diesen Auskünfte einholen.

1 Members of the Child and Adult Protection Authority may not

simultaneously be members or employees of the Administrative Court, the supervisory

authority, or the enforcement bodies of social welfare.

III B/1/1

1 The Government Council elects the president and the members. In all other respects, the authority constitutes itself.

1 The Child and Adult Protection Authority is professionally independent and not bound by instructions.

2 The sole supervisory authority in accordance with Article 441 of the Civil Code is the competent Department.

2.3.4.1b. ...

2.3.4.1b.1. ...

1 The Government Council shall issue further provisions concerning the organization of the Child and Adult Protection Authority and the procedure.

¹ The Child and Adult Protection Authority (CAPA) decides as a collegiate body with three members.

2 The following decisions are to be made by five members

1. Revocation of parental care and custody against the will of a parent with parental responsibility (Arts. 310 and 311 Civil Code);

2. Adult protective measures restricting legal capacity (Arts. 394 para. 2, 396 and 398 Civil Code);

3. Child protection measures restricting parental responsibility (Art. 308 para. 3 Civil Code).

3 In other cases, any permanent member may request a decision by five members in an individual case.

4 In urgent cases, the member leading the proceedings, or in their absence, the President, makes the necessary decisions alone (Art. 445 para. 2 Civil Code).

5 The following matters concerning child and adult protection fall within the sole competence of each member

1. Granting of enforcement assistance, insofar as cantonal law does not declare another authority competent for this (Arts. 131 and 290 Civil Code);

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2. Filing an application for a new arrangement of parental responsibility with the divorce or separation court, as well as with the matrimonial protection court (Art. 134 para. 1 Civil Code);

3. If the parents agree, the new arrangement of parental responsibility, custody, personal contact, care shares, the arrangement of childcare credits, and the approval of maintenance agreements (Arts. 134 para. 3, 287, 298a, 298b and 298d Civil Code, and Art. 52fbis para. 3 OASI Ordinance¹⁰));

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

5. Receiving the declaration of consent from father and mother for adoption (Art. 265a para. 2 Civil Code);

6. Counseling parents before submitting the declaration for joint parental responsibility, and receiving the same (Arts. 298a para. 1 and 3 Civil Code);

6a. Establishment of a curatorship for unaccompanied minors (Art. 306 para. 2 Civil Code);

7. Requesting parents to attempt mediation (Art. 314 para. 2 Civil Code) or to hold a family conference (Art. 70a);

7a. Ordering a representation for the child (Art. 314abis Civil Code);

7b. Enforcement of judicially ordered child protection measures (Art. 315a para. 1 Civil Code);

7c. Authorization for the admission of foster children (Art. 316 para. 1 and para. 1bis Civil Code);

7d. Receiving the inventory of the child's assets (Art. 318 para. 2 Civil Code) and ordering periodic accounting and reporting on the child's assets (Arts. 318 para. 3 and 322 para. 2 Civil Code);

8. Authorization to draw on the child's assets (Art. 320 para. 2 Civil Code);

9. ...

10. Examination, validation (Art. 363 Civil Code), interpretation and supplementation (Art. 364 Civil Code), and receiving the termination of the advance care directive (Art. 367 Civil Code);

11. Consent to legal acts of the spouse and the registered partner within the framework of extraordinary asset management (Art. 374 para. 3 Civil Code);

12. Determination of representation authority for medical measures (Art. 381 para. 2 Civil Code);

13. Preparation of an inventory (Art. 405 para. 2 Civil Code) and ordering the preparation of a public inventory (Art. 405 para. 3 Civil Code);

14.

10) SR 831.101

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15. Auditing and approval of reports and accounts (Arts. 415 para. 1 and 2 Civil Code);

15a. Change of mandate holder due to the termination of the employment relationship of the professional curator (Art. 421 no. 3 Civil Code);

15b. Dismissal of the curator (Arts. 422 and 423 Civil Code);

15c. Exemption of the professional curator from the obligation to submit a final report and final accounts (Art. 425 para. 1 sentence 2 Civil Code);

15d. Auditing and approval of the final report and final accounts (Art. 425 para. 2 Civil Code), dismissal of the curator after the transfer of a measure, dismissal from office;

16. ...

16a. Proceedings concerning the assumption and transfer of an existing measure (Arts. 442 and 444 Civil Code);

16b. Ordering a representation (Art. 449a Civil Code);

16c. Procedural orders in the context of factual investigations (Art. 446 Civil Code);

17. Granting the right of access to files and corresponding restrictions (Art. 449b Civil Code);

17a. Enforcement of decisions, including a reference to the threat of punishment (Art. 450g Civil Code and Art. 292 Penal Code¹¹));

17b. Providing information on the existence and effects of an adult protection measure (Art. 451 para. 2 Civil Code);

18. ...

18a. Ordering a representation curatorship for the unborn child to safeguard hereditary claims (Art. 544 para. 1bis Civil Code);

19. Application for the ordering of an inventory of the estate (Art. 553 para. 1 no. 3 Civil Code);

20.-21. ...

22. Filing a criminal complaint (Art. 30 para. 2 Penal Code);

23. Decisions in financial matters according to the Ordinance on Asset Management within the Framework of a Curatorship or Guardianship¹²).

6 In other cases, the competent member may request a decision by three members in an individual case.

1 Physicians in primary care in the canton who practice under their own professional responsibility, as well as the responsible physician of the referring institution, may order a compulsory placement (fürsorgerische Unterbringung), but for a maximum of six weeks. The Government Council may additionally appoint a public health physician (Amtsärztin oder Amtsarzt) with these powers and duties.

2 If they deem a longer placement necessary, they shall submit a reasoned request to the Child and Adult Protection Authority. The latter shall decide without delay.

3 The Child and Adult Protection Authority or physicians holding a specialist title in psychiatry and psychotherapy or child and adolescent psychiatry and psychotherapy are competent to issue an enforceable placement decision pursuant to Article 427 paragraph 2 SCC.

4 For the transfer of a placed person to another institution, no new admission procedure is required. The competence for the transfer decision is determined by the competence for discharge from the institution. If the placement is based on a decision of the Child and Adult Protection Authority, the institution shall notify the latter of the transfer.

5 Every compulsory placement shall be notified by the ordering body to the Child and Adult Protection Authority.

6 If the institution itself is not competent for discharge, the treating physician or psychiatrist shall submit a reasoned request for discharge to the Child and Adult Protection Authority as soon as the conditions for placement are no longer met. The latter shall decide without delay.

2.3.4.2b.2. Outpatient Measures

1 Outpatient measures can be ordered

a.

b.

for discharge from a welfare placement (aftercare),

to avoid a welfare placement.

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2 Permissible measures include, in particular

a. Directives regarding residence, professional activity, and conduct,

b. Order for a medically indicated treatment,

c. Order for a medically indicated intake of medication,

d. Order to abstain from alcoholic beverages and other addictive substances and, if necessary, to prove this through appropriate examinations,

e. Reporting obligation to a specialist agency or authority,

f. Regulation of care.

1 The Child and Adult Protection Authority orders outpatient measures, based on

a. a reasoned application or report from the treating doctor or treating psychiatrist;

b. ...

1 The Child and Adult Protection Authority monitors compliance with the ordered measures.

2 It revokes them when their purpose has been achieved or cannot be achieved.

3 Outpatient measures last a maximum of two years. A new order is permissible.

2.3.4.2b.3. Aftercare

1 If the discharging institution does not provide adequate aftercare for persons discharged from compulsory placement, the Child and Adult Protection Authority shall ensure this upon application and based on a corresponding report from the discharging institution.

2 The aftercare aims at the sustainable stabilization of the state of health and the prevention of relapses.

3 The provisions on outpatient measures shall apply by analogy.

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2.3.4.1c. Legal Protection

2.3.4.1c.1. ...

¹ Decisions of the Child and Adult Protection Authority and medical decisions within the meaning of Article 66a paragraphs 1 and 3 may be appealed to the Administrative Court (Art. 450 SCC).

2.3.4.1c.2. ...

1 Proceedings before the Child and Adult Protection Authority are governed, subject to the following deviations, by the Administrative Justice Act, insofar as they are not regulated by federal law. The Code of Civil Procedure applies subsidiarily.

2 The provisions regarding the right to information access to official documents under the Public Information, Data Protection, and Archival Matters Act13) do not apply in the field of child and adult protection.

1 The reporting obligation pursuant to Article 443 paragraph 3 of the Swiss Civil Code also applies to relatives in the direct line as well as in the collateral line of the first and second degree.

¹ The authority may request families affected by an existing or future child or adult protection measure to hold a family council.

13) GS I F/1

16

1. As an assistant person, any natural person may be appointed who fulfills the necessary personal and professional requirements for the intended tasks (Art. 400 CC).

2. Care and administration mandates that the Child and Adult Protection Authority does not transfer to a suitable private person according to paragraph 1 may be transferred to professional assistant persons.

3. Professional assistant persons are employed according to the provisions of cantonal personnel law, unless they work on a contractual basis.

2.3.4.3. ...

Arts. 77-84

...

1. The account of the support person must contain all income and expenses during the accounting period, be provided with the necessary supporting documents, and show the balance of the administered assets.

Art. 86-90

...

2.3.4.2.3. Further Provisions

1 The Child and Adult Protection Authority determines the remuneration and

reimbursement of expenses for assistance persons in individual cases (Art. 404 para. 2

CC).

2 If remuneration and reimbursement of expenses cannot be paid, or can only be partially paid,

from the assets of the affected person, the costs shall be borne by

the state.

3 The Government Council issues further necessary provisions concerning

professional assistance and the remuneration of assistance persons

(Art. 404 para. 3 CC) as well as entrusted persons for advance care directives (Art. 366 para. 1

CC).

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1 The Child and Adult Protection Authority levies fees for its official acts.

2 The Cantonal Council issues a fee schedule14). The amount of the fees depends on the scope and complexity of the service.

Arts. 93-94

1. The procedure for asserting claims for liability and the canton's right of recourse against members of authorities who have caused damage are governed by the State Liability Act of May 5, 1991.

Art. 96-97

2.3.4.4.

Art. 98-102

2.4. Inheritance Law

2.4.1. Inheritance Law of Public Bodies (Art. 466 SCC)

¹ If the deceased leaves no heirs, the inheritance falls to the canton or to the cantonal social purposes designated by the Government Council.

2.4.2. Compulsory share claim of siblings (Art. 471 and 472 CC)

1

...

14) GS III B/7/1

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2 The Government Council assigns the fulfillment of inheritance law tasks to an

administrative unit and regulates further details.

3 Last wills and testaments and inheritance contracts can be deposited with the residents'

registration office of the municipality, either open or sealed. Receipt

is to be certified. The residents' registration office keeps a special

register of the entry and exit of the documents. It is responsible for the proper

safekeeping. In case of moving out of the municipality, deposited

last wills and testaments and inheritance contracts should be handed over to the beneficiaries

upon deregistration. In cases of death, they are to be submitted to the competent authority

for opening.

2.4.4. Securing the inheritance (Art. 551 et seq. ZGB)

1 The competent official body must notify the Inheritance Department of every death.

2 If the Inheritance Department considers any legal safeguarding measures necessary or if such measures are requested, it shall order them for the succession (Art. 551 Civil Code).

¹ The inheritance must be placed under seal without delay upon justified interest (Art. 552 CC) if the heirs are unknown or if known heirs are permanently absent and unrepresented.

1. The inventory to be drawn up in the cases of Article 553 of the Civil Code shall contain an exact list of the deceased's estate assets. *

1 The sealing and the inventorying shall be ordered by the specialist inheritance office.

2 The specialist inheritance office shall also order the administration of the estate in cases under Article 554 of the Civil Code, issue the public summonses provided for in Article 555 of the Civil Code, and take any further measures necessary to secure the succession.

1 When sealing, a person from the assisting administrative unit must participate; a record of the sealing must be made.

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1. The Inheritance Office shall open testamentary dispositions (Art. 556-559 CC).

2. If executors have been appointed, the Inheritance Office shall notify them immediately and, upon acceptance of the mandate, transfer to them the duties and powers provided by law (cf.

1. The disclaiming of an inheritance must be declared to the Cantonal Court.

2. The Cantonal Court maintains the record prescribed in Article 570 SCC.

1 Every person intending to disclaim an inheritance must provide

proof to the Cantonal Court that they are entitled to inherit. *

2 For statutory heirs, this proof is furnished through civil registry

documents; for appointed heirs, by presenting the dispositions of the

testator.15)

3

*

2.4.6. Public Inventory (Art. 580 et seq. CC) *

1 The request for a public inventory (Art. 580 CC) must be submitted to the Cantonal Court, which shall notify the Inheritance Office thereof.

1 The Inheritance Office or a guardian appointed by it must, upon receipt of the notification, generally complete the inventory (Art. 581 CC) within three months. If necessary, it commissions a guardian for the administration of the inheritance.

15) Amended by LBK

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1. Call for Claims (Art. 582 CC) must be published three times – twice consecutively and the third time after a period of two weeks since the second publication – in the cantonal official gazette and, where deemed necessary, also in official gazettes outside the canton, through which the presumed creditors are most likely to receive knowledge.

2. The deadline for submission is to be set at six weeks, calculated from the day of the first publication.

3. Submissions must be made in writing.

4. Within one month, the inventoried claim can be inspected and, if necessary, a correction can be requested.

1 Applications for the extension of a time limit within the meaning of Article 587 of the Civil Code shall be decided by the Cantonal Court. *

2 The extension of the time limit shall not benefit defaulting creditors.

1. The provisions concerning the public inventory (Arts. 113–117) apply *mutatis mutandis* to the call for accounts according to Article 592 of the Civil Code. *

2.4.7. Certificate of Information *

1. Upon request of an heir, the Inheritance Office issues a certificate that entitles the heir to obtain information, particularly from banks and authorities, regarding the composition of the estate.

2.4.8. Division of Inheritance

1 The official cooperation provided for in Article 609 paragraph 1 CC takes

place through the Inheritance Office.

2 The fees payable for this shall be borne by the creditor.

Articles 119a-119b

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2.4.9. Legal Protection

1. Der Rechtsschutz richtet sich nach dem Verwaltungsrechtspflegegesetz.

1. Bestandteil einer unbeweglichen Sache ist alles, was zu ihrem Bestande gehört und ohne ihre Zerstörung oder Beschädigung oder Veränderung nicht abgetrennt werden kann (Art. 642 ZGB). Nach Ortsgebrauch sind namentlich Bestandteile

| | | | | | --- | --- | --- | --- | | a. | die im Boden stehenden Mauern und Einfriedungen; | | |

| | | | | | --- | --- | --- | --- | | b. | alles, was in einem Gebäude niet- und nagelfest ist; | | |

| | | | | | --- | --- | --- | --- | | c. | die in die Wand eingelassenen Schränke, Spiegel, Bilder; | | |

| | | | | | --- | --- | --- | --- | | d. | die in den Boden eingebauten oder mit einer Feuermauer in feste Verbindung gebrachten Öfen oder Herde; | | |

| | | | | | --- | --- | --- | --- | | e. | die mit dem Gebäude baulich verbundenen Einrichtungen wie Wasserwerke, Triebwerke, Maschinen, Aufzüge, elektrische Leitungen, Kessel, Ventilatoren, Röhrenleitungen u. dgl. | | |

the walls and fences standing in the ground;

everything that is fixed in a building by nail or screw;

cabinets, mirrors, pictures recessed into the wall;

ovens or hearths built into the floor or permanently connected

to a fire wall;

facilities structurally connected to the building, such as

waterworks, power units, machines, elevators, electrical

lines, boilers, ventilators, pipelines, and the like.

1. Appurtenances of real estate are, under the conditions of Article

644 of the Civil Code, provided that the movable objects in question also

belong to the owner of the real estate, according to local custom

a. the keys and ladders belonging to a building or a fence;

b. the doors, windows, storm windows, shutters, curtain rods,

roller blinds (stores), gas and electric lights;

c. ovens not permanently connected to the building, specifically

portable ovens and hearths;

d. bath ovens, bathtubs, laundry hearths, wash troughs, and fountain

troughs;

e. the bricks, roof tiles, boards, stakes, support poles, etc., intended for

the proper maintenance of buildings and real estate;

f. fitted floor coverings (such as linoleum and the like);

g. barrel racks, shelves, and the like;

16) Heading revised by LBK

22

III B/1/1

h. firefighting equipment;

i. fertilizer present on the property and produced thereon;

k. devices serving the operation of a trade or factory and designed

for the plant according to their construction, such as spinning frames

with spindles and bobbins, mechanical looms, embroidery machines,

milling machines, movable boilers, and stands, and the like.

2.5.2. Neighbor Law

2.5.2.1. Buildings (Art. 686 and 688 CC)

¹ Ownership of land incapable of cultivation, such as rocks, scree slopes, névés, and glaciers, and the springs arising therefrom, belongs, subject to proof to the contrary in the sense of Article 664 CC, to the Tagwen or the local communes.

Arts. 122-126*

1. Insofar as the construction or repair of structures makes the entry upon or the temporary use of the neighboring land indispensable, the neighbor must tolerate this, subject to prior notification and full compensation for any damage.

¹ The free-standing storage of wood and other objects and the

installation of physical devices up to a height of 2 meters may

only take place at a distance of 50 centimeters, and, if they are to be

positioned in front of window openings and gardens, only at a distance of 90 centimeters

from the neighboring property.

2

*

Art. 129bis-129ter *

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2.5.2.2. Plantings (Art. 687 and 688 CC)

1. Subject to the provisions concerning forests (Art. 13), the owner of a

parcel of land may not plant trees or allow them to grow within a distance

of 4.2 meters from the boundary of the neighboring property.

2. The only exceptions to this are low garden trees and shrubs, which,

however, must be pruned back to a height of 4.2 meters each autumn at

the neighbor's request.

1 When regenerating or planting forest on existing forest land, a distance of 3 meters from the boundary of the neighboring property must be maintained with respect to buildings, gardens, fields, and meadows.

2 For new forest plantations on land previously used for agriculture, planting distances of 15 meters from the boundary of the neighboring property must be maintained with respect to buildings, gardens, fields, and meadows.

3 No restrictions exist with respect to other forest plots, pastures, and alpine meadows, and forest plantations may extend up to the boundary.

4 In the area of public windbreaks, the department responsible for forests may appropriately shorten these planting distances.

1 Regarding cantonal roads, the provisions of Articles 79 and 80 of the Road Act¹⁷) remain reserved¹⁸).

1 The right to sue regarding the planting and allowing to grow of trees or forests too close (Articles 130 and 131) expires after five years from the time the tree or forest was planted or grew spontaneously.

2 The new planting distances do not apply to plantings that existed before the amended Article 131 came into force. *

17) GS VII C/11/1

18) Revised by LBK

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III B/1/1

1 Trees or woodlands which, due to their age or the neighbor's acquiescence (Art. 133), have a distance less than that prescribed by law, are protected in their existing state; however, if they die or are felled, the provisions of Articles 130 and 131 shall apply to new plantings or regeneration.

1 The overgrowth of branches and roots of fruit-bearing trees must be permit-

ted (cf. Art. 688 CC).

2 Fruits that overhang or have fallen onto an adjacent property belong equally

to the owner of the property and the owner of the tree, each receiving

one half.

3 Only when a fruit tree overhangs a road, a body of water, a common land

or a seed lot of a municipality, all fruits belong to the owner of the property

on which the tree stands.

2.5.2.3 Rights of Way (Arts. 694–696 CC)19)

1 Regarding the obligation to grant a right of necessity (right of way for foot, vehicle, and watering purposes) under Articles 694 and 695 of the Swiss Civil Code (ZGB), the judge shall decide, observing the following principles and provisions

a. every landowner shall, as far as possible, make use of their own property and seek only the least harmful, as a rule the shortest, path on another's land;

b. if previously existing rights of way have been forfeited by operation of law or in any other manner, the old paths shall be used again as far as possible;

c. if access or an approach has been lost due to the division of a property, the parcels resulting from this division are primarily obliged to grant each other mutual access;

d. the owner obliged to grant the right is entitled to full compensation for all disadvantages arising for them from the grant of a right of way.

2 If the judge compels the defendant landowner to grant the requested rights, the judge shall also determine the full compensation to be paid in the same proceedings.

Art. 137-137a *

19) Revised by LBK

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1 For timber which, at the time of felling, naturally falls from the stump straight downwards onto neighbouring properties due to the local topography, there exists a statutory right of way (Reistrecht) across these properties without further ado, provided there are no other entitled timber rights (Holzritte) in the vicinity.

2 Deviations from this principle are only to be recognized if they are proven by documentary evidence.

1 The owner of a forest which has no or only unsuitable transport rights that are detrimental to the timber is entitled to demand from the owners of neighbouring properties the granting of timber transport rights, whether by means of timber slides, sledges, or by means of special facilities such as wire ropes, timber flumes, etc., against full compensation.

2 The granting of such rights can be sought and approved both for temporary timber transport in individual cases and permanently for all future. Nevertheless, timber sliding may only take place in accordance with Article 219 of this Law.

3 The competent civil court authority shall decide on the obligation to grant the specified rights. *

4

*

5 Where it concerns the granting of permanent rights, the forest owner may waive transport rights to which he is entitled, and this shall be appropriately taken into account if it results in a significant relief for the property owner obliged to grant the rights.

6 When granting permanent rights, the judge shall, as far as appears feasible according to local conditions, determine the width of the land surface subject to the new rights and fix the total compensation, both for the granting of the rights and for their future lawful use. *

7 In the case of rights granted merely temporarily or only for individual cases, the judge shall merely determine the compensation for the granting of these rights. If damage then arises to the encumbered property through their exercise, the forest owner is liable for compensation; in the event of non-agreement, the damage shall be determined by the judge. *

1 The owners of mountain properties, of forests, pastures, and alps, which have no or only an unsuitable connection to the valley floor, may be granted the right by the civil judge to use other properties for cableway installations against full compensation.

26

III B/1/1

2 The procedure is governed by the provisions of Article 139.

1 If, due to the onset of winter cold or similar reasons, the owner of a

property is temporarily unable to use his usual watering place, he is entitled

to drive his cattle to a watering place by the least harmful route, even if

he does not possess a specific right to do so (cf. Art. 709 SCC).

2 The owner of the property over which the cattle are driven is entitled to

equitable compensation, which, if necessary, is to be definitively determined

by the civil judge. *

2.5.2.4. Fencing (Arts. 697 and 698 SCC)

1 All adjacent properties, whether uphill or downhill, shall share the boundary equally.

Accordingly, all common boundary walls, hedges, and ditches, unless otherwise established by judgment, legal transaction, or immemorial usage, shall be constructed and maintained by both adjoining proprietors each to half. *

2 For open timber drives and so-called "Winterlucketen," the boundary maintenance obligation (Friedpflicht) applies only from March 15th to November 11th each year.

1 Whoever, by failing to fulfill the obligation to maintain peace, causes damage to a neighbor through it, is obliged to compensate him for all damage resulting therefrom.

1 In the absence of any other agreement, each owner shall erect the fence incumbent upon him on his land.

**2 Walls and wooden fences, erected as a partition between two properties, may not exceed a height of 1.5 meters without mutual consent; green hedges may not exceed a height of 1.2 meters. Green hedges, if requested by the adjoining owner, shall be properly trimmed annually.**

1 Fences that endanger people or animals, such as barbed-wire fences,

are prohibited on roads and and paths. Against neighboring properties

they are only permitted with the consent of the neighbor.

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1. For the purpose of trimming boundary hedges and repairing boundary walls, the owner may, if necessary, enter the neighbour's land after having informed the neighbour thereof. If damage occurs, the owner must provide compensation.

2.5.3. Right of Access and Defense (Art. 699 CC)

1. *

2. Forest and pasture areas, including those not owned by a municipality or corporation, may be entered and traversed for the purpose of practicing skiing. *

3. Anyone wishing to issue a prohibition for the protection of crops must apply to the Cantonal Court, which shall determine the prohibition with a penalty clause and order its publication in the Official Gazette. *

1. Entering someone else's meadow, pasture, or forest is permitted for the purpose of hunting, provided this can be done without significant damage to the landowner. Compensation must be paid for any damage caused.

2.5.4. Expropriation20)

1 Every landowner is obligated to transfer the necessary property (land, buildings, and rights) to the Canton and the municipalities for the following purposes

a.

* for the construction of new roads or the correction and widening of existing roads, and for the creation of other facilities serving traffic, provided that the federal concession has been granted for the latter;

b.

for the correction of rivers, streams, and torrents, and for the construction or improvement of landing sites on the Linth, Lake Walen, and Lake Klöntal;

c.

for the construction of new or the expansion of existing municipal buildings serving state or public purposes;

20) The reference to Art. 702 ZGB, which appeared in brackets under the title "D. Expropriation," was omitted by the LBK as inaccurate.

28

d. for gravel pits and other gravel extraction sites required for road maintenance, as well as for storage areas and for access and transport;

e. * for the relocation of existing and the establishment of new public fountains and water pipes, and for the establishment of facilities and protection zones required in the interest of water protection;

f. for the construction of new or the expansion of existing cemeteries;

g. for protection against fire and water damage;

h. * for the construction of new or the expansion of existing gymnasiums for school operations;

i. * for the construction and operation of aerial cableways and ski lifts, and for the securing of ski slopes, ski runs, and ski practice areas against development;

k. * for measures in the interest of nature and heritage protection.21)

1 The Government Council shall decide on the admissibility of expropriation or the existence of a de facto expropriation (material expropriation), subject to appeal to the Administrative Court. *

2 Depending on the nature of the case, it may order the public display of plans, building regulations, etc., and set forfeiture periods for lodging objections against the expropriation by announcement in the Official Gazette. *

1 The Landsgemeinde may also grant companies or private individuals, who intend to carry out a work in the public interest, the authority to demand the cession of the property required for this purpose.

2 For expropriation within the meaning of Articles 163 and 180 and other special provisions of this law, the powers are governed by the more detailed regulations contained therein.

3 The expropriation right of the Confederation remains reserved. 22)

1. Der Abtretungspflichtige hat Anspruch auf volle Entschädigung für das abzutretende Eigentum und für alle Nachteile, die infolge der Enteignung an dem ihm verbleibenden Eigentum entstehen, wobei die Unfreiwilligkeit der Abtretung angemessen zu würdigen ist.

¹ If such a part of a property must be expropriated, without which the remainder can no longer be used in accordance with its purpose, the party obliged to consent to the expropriation may demand the expropriation of the entire property.

¹ Full compensation is also due for such property whose expropriation is not demanded, but which, as a result of the new undertaking, can no longer be used in its previous manner or is otherwise disadvantaged in any way.

1. When determining the compensation, those benefits that release the expropriated party from special burdens previously incumbent upon them must be fully taken into account.

2. Such advantages as arise for the property of the expropriated party as a result of the expropriation and the work to be carried out must also be appropriately considered.

1. In the event of expropriation of water rights, the compensation may, at the request of the party obliged to assign, be provided wholly or in part through the allocation of electrical power.

¹ The full compensation to be paid in the event of expropriation shall, if an amicable agreement cannot be reached, be determined by the Cantonal Assessment Commission.

1. In dringlichen Fällen ist der Enteigner berechtigt, die Abtretung sofort nach dem Entscheid der Landesschatzungskommission zu verlangen, sofern der Schätzungsentscheid über den Gegenstand der Enteignung genügenden Aufschluss erteilt oder die Entschädigung auch nach dem Übergang des Eigentums an den Enteigner sich mit Sicherheit feststellen lässt.

2. Ein solches Begehren ist bei der ersten Schätzungsverhandlung zu stellen und wird von der Landesschatzungskommission endgültig entschieden. Auf Begehren des Abtretungspflichtigen hat der Enteigner eine von der Landesschatzungskommission erster Instanz zu bestimmende Sicherheit zu leisten.

1 The expropriator has the right to withdraw from their request within a period to be determined by the Cantonal Valuation Commission in each individual case.

2 The cost compensation to be paid by the expropriator to the party obliged to assign in the event of such a withdrawal will be determined by the Cantonal Valuation Commission simultaneously with the setting of the withdrawal period.

2.5.5. Protection of Homeland and Heritage (Art. 702 SCC)

Art. 159-160 *

2.5.6. Land Improvements (Art. 703 SCC)

1 If land improvements, as described in Article 703 CC, are sought and an amicable settlement is not reached, the applicants must submit a plan and cost estimate to the Government Council, which provide information on the scope and implementation of the undertaking, as well as on the real estate to be included.

2 The Government Council shall deposit these documents in the Government Chancellery and, insofar as the circumstances deem it necessary, publish a call in the Official Gazette for the registration of objections against the undertaking itself and the obligation to participate. The deadline for the aforementioned registration is 30 days. Later objections will no longer be considered. *

3 If no announcement is made in the Official Gazette, the parties involved must be requested in writing.

1 The Government Council shall deal with the objections received and shall,

insofar as they are of a private law nature, refer them to the judge, setting

an appropriate forfeiture period for failure to file the action. *

2 After dealing with the objections, the Government Council shall decide on

the approval of the undertaking and on the obligation to join. *

3 Approval shall be granted if the conditions for a proper execution are met

and the costs of the undertaking are in proportion to its benefits.

4 Under these conditions, undertakings may also be approved if less than

the majority of the participating landowners have agreed to them or if those

who have agreed own less than half of the involved land (Art. 703 para. 3

SCC). *

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1 If it appears necessary, the Government Council shall order the formation of a corporation, which all involved landowners must join.

2 When forming the corporation, the Government Council shall appoint a provisional board of at least three members. This board must submit a draft of the statutes to the corporation assembly within two months, and the majority of the members present shall decide on its deliberation.

3 The approval of the statutes is the responsibility of the Government Council.

4 The Government Council is furthermore authorized to approve all rights of expropriation necessary for the undertaking. Compensation shall be determined by the Cantonal Valuation Commission.

5 The distribution of costs shall be based on the size of the benefit accruing to the obligated property from the undertaking, the value of the property, and taking into account any potentially permanent additional burden compared to the previous state.

1 All disputes arising from the enterprise among the participants shall be

decided administratively in the first instance by the department responsible

for the relevant professional field. Legal protection against the department's

decisions shall be governed by the Administrative Justice Act.

2 The competent corporate body shall decide by order on the obligations

arising from the enterprise of members of corporations pursuant to Article

163. These orders may be challenged before the department responsible

for the relevant professional field in accordance with the Administrative

Justice Act. The appeal decisions of the department may be challenged

before the Administrative Court in accordance with the Administrative

Justice Act.

¹ Further provisions of this Law concerning the mandatory formation of river, stream, and torrent corporations (Arts. 182, 200, 201 and 202) are reserved.

2.5.7. Water Rights

1 The supreme supervision over waters, including groundwater,

is incumbent upon the canton, subject to federal provisions.

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¹ The full or partial diversion of the outflow of a spring or of groundwater requires the approval of the department responsible for water protection

a. if and insofar as the water has previously been used and is necessary for the agricultural, domestic or commercial needs of the inhabitants of a locality, a village or a hamlet or a group of riparian owners;

b. if the water is indispensable for maintaining the fertility of a complex of properties;

c. if the water level or watercourse of a stream or river would be significantly adversely affected;

d. if the diversion is to take place across the cantonal border.

² The approval may be made subject to securing conditions; the energy and water protection legislation²³ remain reserved.

1 Acquired water rights based on existing laws shall remain guaranteed in the future.

1 The water of springs that arise on a property, and streams that flow through it, are considered to belong to the property as long as the water remains on the property (cf.

1. Bei Flüssen und Bächen, die an ihren beiden Ufern die Liegenschaften verschiedener Eigentümer bespülen, ist jeder Ufereigentümer berechtigt, für gewerbliche Zwecke die vorhandene Wasserkraft zur Hälfte zu benützen, sofern nicht wohlerworbene Rechte eine andere Verteilung begründen. Ein Ufereigentümer kann über das ihm von Gesetzes wegen zustehende Wasserrecht als selbstständiges Recht verfügen.

2. Solange und soweit indessen die jedem Ufereigentümer zustehende Hälfte des Wassers weder von ihm selbst noch aufgrund einer Verfügung von Dritten genutzt wird, ist weder dieser Ufereigentümer noch ein Dritterwerber befugt, den jenseitigen Ufereigentümer an der Nutzung daran zu hindern.

3. Der solchenfalls begünstigte gegenüberliegende Ufereigentümer ist verpflichtet, zwecks Sicherung der Rechte des ihm das Wasser überlassenden Ufereigentümers oder des Dritterwerbers, diesem auf Verlangen einen Revers auszustellen.

1. **Objections to the Construction of a New Waterworks**

Owners of older waterworks and owners of water rights in the same water body may lodge an objection against the construction of a new waterworks if they are thereby prevented from their previous use of the water or if their rights would be significantly prejudiced.

2. In this regard, the principle must primarily be upheld that, to the detriment of existing establishments, water may not be diverted or retained upstream, nor may it be dammed downstream by new installations. Furthermore, older waterworks are to be protected in their traditional entitlements, irrespective of whether these appear indispensable for the business being operated.

1 The owner of a property situated above a river or stream is entitled to object if it is endangered by backwater from a hydraulic structure erected downstream.

2 Likewise, the owner of a property situated downstream is entitled to object if they are harmed in their water use rights or their land ownership by a hydraulic structure erected upstream, other hydraulic engineering facilities, or any measures involving the withdrawal, supply, or pollution of water, including groundwater. *

1 In adjudicating disputes arising from the filing of an objection pursuant to Articles 171 and 172, the judge is empowered to balance the respective legal interests by ordering a more precise delimitation and establishment of specific boundaries.

1 The Government Council is authorized to issue the necessary orders

to ensure that water is not unlawfully withheld.

Art. 175-176a *

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1. In addition to the obligation, stipulated in Article 711 of the Civil Code, to assign

springs, wells, or streams that are of no or very little use to the owner

in relation to their usability, and in addition to the right of

passage under neighbor law, in accordance with Article 691 of the Civil Code,

the following can be acquired by means of expropriation against full compensation for undertakings

serving the public good

a. Water rights and hydraulic works, including structural facilities, as well as

the real property and other rights necessary for the utilization or

transmission of power to another location;

b. Real property and other rights for further facilities for the generation,

transmission, and distribution of energy;

c. Water for the supply of existing or new public

fountains, water supply facilities, and associated

waterworks of municipalities and fountain corporations, as well as the

right of inflow and outflow.

2. The drinking and utility water indispensable for the buildings and the management

of a property, for humans and livestock, is excluded from the obligation

of assignment and shall be reserved for the beneficiaries ex officio.

The water quantity shall be determined by the Cantonal Government (Regierungsrat).

3. The decision regarding disputes of a private law nature remains within the jurisdiction

of the competent courts.

1 The authority to demand the expropriation referred to in Article 177 letter a, to use or further grant the rights acquired thereby, primarily rests with the Canton.

2 If the Canton does not wish to exercise its prerogative, municipalities may apply for expropriation, and if the municipalities also waive it, companies and private individuals may apply.

3 When deciding on various conflicting expropriation requests from private individuals and companies, preference shall be given to those that better serve public interests.

1. Die Entscheidung, ob der Kanton von der Enteignung (Art. 177 Bst. a) für sich Gebrauch machen will oder nicht, fällt in die Kompetenz der Landsgemeinde.[[24]](#paragraphtext_content_fn_886478_2_24_c)

1 The Government Council shall decide on the admissibility of expropriation in favor of municipalities, companies, corporations, or private individuals, subject to appeal to the Administrative Court.

2 For the purpose of lodging objections against the expropriation and asserting legal claims for compensation, a public display of plans and projects, combined with a public invitation in the official gazette, must take place before the decision.

1. The Cantonal Government shall communicate to the expropriator the applications made to it pursuant to Article 180 paragraph 2, and the expropriator, if he wishes to dispute one or other legal claim, must bring such claim before the courts for adjudication.

2. If there are no legal differences, or if such differences have been judicially resolved, the Cantonal Government shall decide on the admissibility of the expropriation.

3. If only claims for compensation are asserted, or if the objections made against the expropriation and the other disputed legal claims have been settled, the expropriator shall have the compensation determined by the Cantonal Valuation Commission. Articles 151-158 of this Act shall be decisive for the determination of compensation.

1 If the construction of water collectors or the creation of other facilities for the exploitation of hydraulic power grants a significant advantage to several owners of waterworks, the Government Council may, subject to the right of appeal to the Administrative Court, order the formation of corporations upon application by interested parties.

2 Owners of existing waterworks may be compelled to participate in such a corporation even against their will, provided and to the extent that real advantages accrue to them therefrom. The payment becomes due at the time when the increased hydraulic power is utilized by the owner. The same obligation also applies to waterworks established subsequently.

3 Disputes or controversies regarding the obligation to participate, as well as the necessity of facilities and their nature and use, shall be decided by the Government Council based on the opinion of experts.

4 Likewise, the approval of the statutes of such corporations is a matter for the Government Council.

36

Disputes or controversies regarding the scope of participation among the corporate members, as well as the interpretation of the statutes, shall be decided by the judge.

1 Interruptions in the operation of waterworks due to the execution of construction works in the public interest only entitle to claims for compensation if the respective owners of the waterworks thereby suffer significant damage.

2 Disputes concerning this shall be decided by the judge.

1 If the correction of a watercourse significantly increases the power of existing waterworks and this increase in power is utilized by them, the owners of the waterworks are obligated to make a proportionate contribution to the costs of the correction and its maintenance.

**2 Disputes regarding the principle and the amount of this contribution shall be decided by the judge with the assistance of experts.**

1 The municipalities and well corporations reserve the right, in the interest of their fire extinguishing establishments, to gratuitously claim water used for commercial purposes for the supply of hydrants or other fire extinguishing equipment, and specifically also to appropriately connect fire extinguishing equipment with waterworks, canals, water collectors, pipelines, and the like, and to use them in cases of fire and officially ordered drills.

1 The Cantonal Council is authorized to have a complete cadastre of all

waterworks prepared.**

**2 It shall include the fixed points for the right of impoundment (watermarks),

the description of the impoundment structures and motors, as well as all

other provisions serving to control the waterworks.**

1 Facilities that have been created without the provisions of this Law being

fulfilled must be removed at the request of the Government Council.

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2 Furthermore, the owner concerned is liable for all resulting damage.

1. Non-observance or contravention of Articles 174, 175 and 187 of this Act shall be punished with a fine.

2.5.8. Obligation to Maintain and Keep Watercourses Open

1 The obligation to maintain riverbanks and the protection of banks along rivers, streams, and torrents rests with the real estate, specifically, unless otherwise stipulated by legal transaction or the decision of competent authorities, primarily with those properties and structures that directly abut these water bodies.

2 Secondarily, if an equitable distribution of burdens so requires, the owners of properties and structures that are to be protected from damage by the protective structures to be built will be called upon.

1 If, as a result of floods or for other reasons, corporations or private individuals abandon the right of ownership to their properties subject to weir duties, then this right, along with the weir duty, transfers to those "Tagwen" (local communities) or municipalities in whose "Huben" (jurisdictional areas) the property is located. The "Tagwen" or municipality is therefore entitled to object in advance to any significant devaluation of such a property subject to weir duties, e.g., through timber felling.

1 If cantonal roads come to lie alongside rivers, streams, or ravines, the canton cannot for that reason be held liable for embankment maintenance obligations; rather, these burdens perpetually remain with those properties to which they previously belonged.

1 As long as the correction of the Linth in accordance with the approved Linth plan, or

the correction of another watercourse in accordance with an approved plan can be

carried out within the boundaries of the area previously dominated by the river,

no compensation shall be provided; instead, any land potentially falling outside the

embankment line, along with its rights and encumbrances, shall be transferred to the

riparian owners on the left and right banks.

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If, however, the existing riverbed must be abandoned, and productive land from both sides

or even from only one side must be ceded for the purpose of carrying out the correction,

then the Canton shall appropriately compensate the riparian owner(s) who lose cultivated

land.

If old embankments that are still in good structural condition must be demolished and replaced,

appropriate compensation shall likewise be provided for this.

In all these cases, the benefits accruing to one or both riparian owners from the river correction

shall be given equitable consideration.

The compensation shall be determined by the State Valuation Commission, taking into account

all circumstances relevant to the specific case. *

Where the bank protection in low wood, alders, willows, etc. exists or is reinforced thereby, utilization may only take place gradually, so that always sufficient new growth remains.

Where the need exists, the persons obligated to maintain the embankments (Wuhrpflichtige) shall construct and maintain sufficient embankments (Wuhrungen) that guarantee general safety.

On the Linth, embankments for new constructions and alterations shall be built according to the approved Linth Plan.

3 25)

4-5

*

1. Wuhrpflichtige Anstösser, Tagwen oder Gemeinden sowie Korporationen sind, wenn sie neue Wuhre anbringen oder bestehende umbauen wollen, verpflichtet, dies beim zuständigen Departement anzumelden.

2. Der für die Ausführung des Bauvorhabens erforderliche Plan bedarf der Genehmigung durch das zuständige Departement.

3. Abweichungen vom genehmigten Plan sind nur mit Zustimmung des zuständigen Departements zulässig.

1 Should existing structures appear hazardous to the general safety of the land situated above, adjacent, or below, the competent department is authorized to issue binding directives concerning their removal or the installation of safety measures, provided always that the utilization of water power to the extent previously authorized shall not be diminished thereby.

1 The clearing of riverbeds, streambeds, and runnels of material of any kind that obstructs the flow of water is incumbent upon the riparian proprietors on both sides, as well as the owners of properties and structures immediately threatened by potential floods. *

2 The owners of waterworks are also obliged to carry out the clearing or to contribute a proportionate share to the costs, if their facilities wholly or partially cause the deposition of material in the riverbed.

3 Disputes shall be decided by the competent cantonal administrative authority. *

1. Fissures, landslides, gullies, and wild and forest streams which threaten general damage and disadvantage shall, insofar as the public permits and the necessary means for this make it possible, be built over, secured in an appropriate manner, and the stream beds kept open.

1. Die Pflicht zu der in Artikel 197 ausgesprochenen Verbauung und Sicherstellung liegt

| | | | | | --- | --- | --- | --- | | a. | auf den Gemeinden oder Tagwen, in deren Huben solche Flinsen, Erdrutschungen, Wild- und Waldbäche ihren Ursprung und Verlauf haben; | | |

| | | | | | --- | --- | --- | --- | | b. **\*** | auf den Besitzern derjenigen Liegenschaften und Bauwerken, welche von den Flinsen, Erdrutschungen usw. direkt begrenzt oder indirekt gefährdet sind. | | |

to the municipalities or communities in whose agricultural lands such landslides,

earth movements, wild streams, and forest streams originate and flow;

to the owners of those properties and structures that are directly bordered or indirectly

endangered by the landslides, earth movements, etc.

1 Major construction works and all dams for which a systematic plan

is deemed necessary must be carried out according to the plan approved

by the competent department (Art. 194a paras. 2 and 3).

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2 Mere supplementary works, repairs, and clearing of

riverbeds, stream beds, and gully beds are subject to the supervision of the competent

cantonal administrative authority, insofar as these works exceed the scope of

ordinary maintenance or a cantonal contribution is claimed for them.

1 If the weirs, embankments and clearings of watercourses required under Articles 189, 196 and 197 are not carried out directly by the obligated parties or by the municipalities, and if the public interest demands it, or where it appears desirable due to the nature of the matter, all obligated parties shall form a corporation.

2 The obligation to participate shall be determined by the size and value of the properties and structures as well as by the danger likely to threaten them, whereby similar burdens or easements already encumbering individual plots of land shall be appropriately taken into account. *

3 If the municipalities arrange for what is necessary, they shall involve the landowners thereby relieved of the burden in bearing the costs to an appropriate extent. The assessment of the landowners' contributions shall be determined by the size and value of the properties and structures, whereby similar burdens and easements already encumbering individual plots of land shall be appropriately taken into account. These may only be used for the prevention or management of damage events caused by water. *

¹ The fundamental decision regarding the formation of corporations rests with the Government Council, subject to the right of appeal to the Administrative Court.

² The obligation of participation for municipalities or Tagwen, irrespective of their land ownership, in accordance with Article 198 letter a of this law, does not apply to Linth, Sernf, and Löntsch.

1 The detailed determination of the scope of participation is the responsibility of the competent corporate body. It communicates this to those concerned, setting an objection period of 30 days.

2 If an objection is raised, the competent corporate body conducts an objection hearing, in which a representative of the municipal council participates for the purpose of mediation. If no agreement is reached, the competent corporate body makes the objection decision.

3 Legal protection against objection decisions is governed by Article 204.

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1 Towards the costs of the safeguarding works required in Articles 189, 196 and 197 of this Act, provided they significantly exceed the extent of ordinary maintenance, the Government Council may make a contribution appropriate to the circumstances.

1 Regarding the obligations of corporation members according to Article 200, the competent corporate body decides by decree. These decrees may be challenged before the competent department in accordance with the Administrative Justice Act. The appeal decisions of the department are subject to appeal before the Administrative Court in accordance with the Administrative Justice Act.

1.** In cases where the conditions for the formation of a corporation are not met, but measures are nevertheless necessary to protect against loose rocks, landslides, ravines, streams, and rivers, the competent department may oblige those liable to undertake such measures and determine the scope of their obligation. Legal protection against the department's decisions is governed by the Administrative Justice Act.

1 The right to extract stones, gravel, sand, and mud from the

beds of lakes, rivers, streams, and torrents, provided this can be exercised without adverse

consequences, belongs to

a.

the riparian owners responsible for maintenance;

b.

those obligated to maintain flood protection works;

c.

the Canton and municipalities for public constructions and for

the maintenance of roads and bridges, against compensation for

transportation to and from the landowners.

2 Disputes shall be decided by the competent cantonal administrative authority. *

3 Provisions of water protection law remain reserved. *

1 The Government Council is authorized to issue police regulations concerning rafting in the waters.

2 The rafting of wood longer than 1 meter is prohibited.

3 In case of need, longer wood may also be rafted to the nearest extraction points.

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1. In the event of an imminent danger due to floods, landslides, or

other extraordinary natural events, the Canton, the Municipalities,

and the responsible parties are authorized to immediately procure wood and other material

necessary for emergency and protective works at a suitable location, as well as

to transport and store material, against reasonable compensation, which in case of dispute will be determined

by the Cantonal Valuation Commission.

1. Municipalities, Tagwen, corporations, or private individuals are obliged to permanently or temporarily surrender the land and material of all kinds required for the performance of protective works or corrections, as well as all rights necessary for storage and for access and egress, against reasonable compensation, which in case of dispute shall be determined by the State Valuation Commission.

* **1.** In cases where immediate measures appear necessary to avert danger, the competent cantonal administrative authority may carry out the required works at the expense of the obligors, if the latter are either prevented from doing so or have failed to comply after being requested.

1. **Depositing and Discharging Material of Any Kind into Rivers and Streams is Prohibited**

Depositing and discharging material of any kind into rivers and streams is prohibited.

2. **Discharge of Snow and Ice Resulting from Snowfall on Roads and Public Places into Water Bodies is Permitted Under Certain Conditions**

The discharge into water bodies of snow and ice resulting from snowfall on roads and public places is permitted, provided that it does not cause any adverse impediment to the water flow, impairment of bank protection or water rights, or pollution of water used for consumption purposes.

3. *

4. **Compensation for Disadvantaged Water Abstraction or Watering Rights**

If water abstraction or watering rights are thereby disadvantaged, these disadvantages shall be compensated. In case of dispute, the civil judge shall decide.

1. Die Missachtung der Artikel 193, 194, 194a, 195, 206, 207 und 212 wird mit Busse bestraft.

1 All legally existing footpaths shall remain open.

Everyone is permitted to use public footpaths, but special footpaths

may only be used by those who have the right thereto. The landowner is obliged

to maintain the footpath in good condition for the length that it runs across their land.

¹ The right of way for footpaths includes the authority to carry loads over the path. Nevertheless, the burdened owner is not obliged to trim trees along the footpath further than is necessary for the unhindered exercise of the right.

1. Regarding a cattle drive right, in cases of doubt, there is a presumption that it only includes the right to drive captive (restrained) cattle, but not wild (free-roaming) cattle, over the drive path. Likewise, a watering path right is not considered to be included in a drive path right.

1 The customary watering paths may be used by those entitled, in wintertime,

until April 27th, and in autumn, when the cattle are grazing,

from October 11th onwards. However, whoever possesses sufficient water on their own

estate or at a shared watering place, or

who consumes hay brought to their estate, shall only be permitted to use

the watering paths until March 27th.

2 Shod horses shall always be led to the watering place on a leash.

1 The winter road (roadway during winter) may be used from November 23rd to

March 27th. Every owner, across whose property

a winter road runs, is obliged to maintain it in good condition, so

that everyone can safely walk and drive on it.

2 Where the winter roads lead over ditches and gullies, the encumbered

owners are obliged to build safe bridges over them, and where two

owners meet at ditches or gullies, the bridge

must be built by both jointly.

If, in mild weather, the ground is neither frozen nor covered with snow

and the owners of the encumbered properties would be significantly damaged

by wagon loads, the Cantonal Court is authorized to order the closure of the winter roads

during such mild weather; however, even in this case, every farm operator shall be allowed

to transport hay, straw, fertilizer, and wood for their own use from the main road to their property. *

1. The right to collect fallen wood may be exercised in the Alps from October 11th, in the upper pastures adjacent to the forests from October 28th, and in the remaining pastures and lands from November 23rd until March 15th, on the customary wood routes, but only if the ground is frozen or covered with snow.

2. Claims for damages arising from wood collection shall be decided by the civil judge.

3. In those places where the wood routes lead over roads or paths, collection should only take place in cases of necessity, and if this occurs, those who are collecting must post sufficient guards to warn passing persons and signal to those above them to stop collecting. Anyone who fails to do so shall not only be held liable for damages but also be subject to a fine of 30 to 100 Swiss Francs.

1. Whoever possesses the right of pasture on another's property may only consume the grass growing there with his own livestock, but may not harvest it by hand.

2. If the forest owner wishes to promote the regeneration of a cleared forest area by sowing or planting, the holder of the right of pasture may not prevent him from doing so.

1 The owner of a forest is, by virtue of a timber cutting right (Holzhaurecht) held by another for specific purposes (construction, fuel, fencing, etc.), restricted in his free disposal only to the extent that he may not diminish the stock necessary to satisfy the respective needs of the right holder. If sufficient provision is made for this, the owner of the forest may fell timber beyond that as he pleases.

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1 If the exercise of a right to fell timber is subject to the condition that the owner of such right does not possess sufficient timber of his own on his property, then he may not utilize his own woodland other than for the needs of the property. However, by renouncing the servitude to which he is entitled, he can free himself from this restriction on his ownership.

1 The owner of trees whose leaf litter and timber another party is entitled to collect may, without the consent of that party, fell only declining trees that no longer yield a significant amount of litter.

1 The provisions of the Civil Code concerning the unilateral redemption of

mortgages (Arts. 828-830 CC) are applicable to the Canton of Glarus.

2 The amount of the redemption sum may be determined by official appraisal upon

request of all creditors. This appraisal shall be carried out by the Cantonal

Appraisal Commission. *

Here is the English translation

1 A statutory hypothec exists without registration in the Land Register (cf. Art. 836 SCC)

1. *

2. *

* in favor of the cantonal building and cultural property insurance for the last two premiums owed by the owners that have fallen due at the time of the opening of bankruptcy proceedings or the request for foreclosure, and for the premium of the current year;

* in favor of the Canton and the municipalities on properties located in the Canton of Glarus for the state, real estate gains, inheritance and gift tax, building tax, and municipal taxes, for the costs of substitute restoration of the legal condition, as well as for the value added levy according to the Spatial Planning and Building Act;

* in favor of the Canton for the reimbursement of cantonal contributions to construction measures pursuant to Article 39 of the Social Welfare Act due to misappropriation.

2 Statutory hypothecs not registered in the Land Register exceeding 1,000 Swiss Francs, which are not registered in the Land Register within four months after the due date of the underlying claim, but at the latest within two years from the creation of the claim, cannot, after the expiry of the registration period, be invoked against third parties who rely on the Land Register in good faith.

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1 The right to the creation of a statutory real estate lien on the properties of the obligors through entry in the land register exists in favour of the Canton, the municipalities and public-law corporations for overdue contributions to the costs of the construction, correction, maintenance and expansion of roads, paths, land improvements, installations of water collectors, facilities for the utilisation of water power, weirs, flood control structures, drainage systems and similar public or common undertakings.

2 The entry of the lien must be made no later than four months after the due date of the contribution.

1. Legal Liens under Articles 227 and 227a take precedence over all other registered liens, with the exception of those under Article 227 paragraph 1 number 3.

2. Among themselves, the legal liens under Article 227 paragraph 1 number 1 take precedence over the remaining legal liens. The legal liens under Articles 227 paragraph 1 number 2 and 227a rank equally among themselves and have the same claim to satisfaction from the collateral.

1. The cantonal government (Regierungsrat) is the competent authority for the authorization, as provided for in Article 885 of the Civil Code, to be granted to financial institutions and cooperatives to secure claims by pledging livestock.

2. The articles of association and regulations of the financial institutions and cooperatives must also be submitted to this authority for approval.

3. The mortgage protocol shall be kept by the debt enforcement officers, organized by local municipalities. It shall be open for inspection to anyone who can demonstrate a legitimate interest. *

2.5.11.3. Pawnbroking Business

1 The license to operate a pawnbroking business (Art. 907 et seq. Swiss Civil Code)

should be granted by the Government Council only to public institutions of the canton or the

municipalities, as well as to non-profit organizations.

2 Fees payable to the canton shall not be levied.

2.5.12. Land Register (Art. 942–977 Swiss Civil Code)

1 The establishment of the land registry office is carried out according to local municipalities.

1 There is a Land Registry Office for the entire Canton of Glarus.

1. Der Regierungsrat regelt in einer Verordnung, ob und inwieweit

| | | | | | --- | --- | --- | --- | | 1. | elektronische Auszüge aus dem Papiergrundbuch, Tagebuch, den Hilfsregistern und den Belegen angeboten werden; | | |

| | | | | | --- | --- | --- | --- | | 2. | der elektronische Geschäftsverkehr angeboten wird. | | |

electronic extracts from the paper land register, journal,

ancillary registers and supporting documents are offered;

electronic business transactions are offered.

1 The Department designated by the Government Council is the cantonal supervisory authority over the Land Registry Office. It subjects the Land Registry Office's management to regular supervision and auditing, takes the necessary measures to rectify deficiencies, and sanctions breaches of official duties by employees of the Land Registry Office.

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1. Property Law Responsibility in Connection with Land Register Management is Governed by the State Liability Act.

1 The canton shall bear the costs of land register maintenance.

2 Fees to be levied in accordance with Article 954 ZGB (Article 240 of this Act) remain reserved.

1 Landowners are obliged to tolerate the execution of surveying work for public survey networks on their land, as well as the erection and unchanged retention of public survey markers, such as signals, benchmarks, etc.

**2 The demonstrable damage incurred by the landowner due to the performance of the surveying work, the erection, existence, and maintenance of the markers, shall be compensated.**

**3 The Land Registry Office shall decide on the amount.**

1 The Cantonal Governor is authorized to issue all ordinances and regulations that may appear further necessary within the framework of federal legislation.

1. **Office Prohibitions Issued by Prosecuting and Judicial Authorities**

**under Cantonal Procedural Law Must Be Noted in the Land Register and Mentioned in the Register of Owners. They Exclude, to the Extent of the Order, Any Disposal of the Property.**

1 The Government Council is authorized to issue further grounds for annotation based on Article 129 of the federal ordinance concerning the land register.

2 It shall compile a list of all grounds for annotation and communicate it to the Confederation.

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2.6. Fees and Remunerations

1 Where provisions do not already exist, the Cantonal Council is authorized, on the

basis of the Swiss Civil Code and this Implementing

Act, to establish a schedule of fees.

2 It must specify which fees accrue to the Canton, the municipalities,

or the individuals concerned by way of compensation. *

3. Transitional Provisions

3.1. Law of Persons *

1. Complaint procedures in civil status matters that are pending at the time of the entry into force of Article 32a shall be governed by the new law.

2. If a complaint procedure concerning official acts of civil registrars is pending before the Government Council at the time of the entry into force of Article 32a, under the previous law, the Government Council shall issue the decision on the complaint, which, however, may be appealed to the Administrative Court in accordance with Article 32a, paragraph 1.

3.2. Matrimonial Property Law

1 The mutual wills between spouses established under Article 233 of the Cantonal Civil Code shall, if there are common descendants from them upon the death of one spouse after the entry into force of the Civil Code, be considered dispositions mortis causa within the meaning of Article 473 CC, and only the legal effects attributed to these shall apply to them.

2 The usufruct established thereby shall be governed by Articles 745-781 CC.

1. Mutual Wills can be revoked at any time by a joint declaration

of both spouses.

2. After the Civil Code comes into force, each spouse is entitled to

unilaterally revoke their testamentary disposition contained in the mutual

will, whereupon the will becomes invalid for both spouses.

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3. These declarations, both joint and unilateral, must be submitted to the

municipal clerk of the place of residence and signed by the spouses. The

municipal clerk transmits the declarations, with authentication of the signatures,

to the Government Council, which pronounces the revocation of the will and

notifies both spouses thereof.

4. After the revocation of the will, and after the Civil Code comes into force,

the new law is applicable.

1. Unilateral Wills of Spouses (cf. § 233 para. 2 of the Cantonal Civil Code) become ineffective upon the entry into force of the Civil Code, and the surviving spouse is entitled from that point on to assert inheritance claims in their full extent according to Article 462 of the Civil Code.

2. Likewise, mutual wills of spouses become ineffective if, upon the death of one spouse occurring after the entry into force of the Civil Code, no common descendants are present. In such cases, the law of inheritance is also governed entirely by Article 462 of the Civil Code.

1 The rights of the surviving spouse and the heirs, derived from a mutual or unilateral will made pursuant to Article 233 of the Cantonal Civil Code, which became effective before the entry into force of the Civil Code upon the death of the other spouse, shall also be governed under the new law by the Cantonal Civil Code (cf. Art. 15 Final Title ZGB).

1 The provisions of the Civil Code of the Canton of Glarus concerning

matrimonial property law (§§ 122-161), insofar as they pertain to the proprietary relationship

between spouses and are not repealed by mandatory provisions

of the new law, remain in force for marriages concluded before January 1,

1912, in the sense of Article 9 Final Title ZGB.

1 The spouses may, however, subject their legal relations to each other to the

new law by submitting a joint written declaration to this effect to the

Matrimonial Property Register Office of the Canton of Glarus.

2 Such declarations must be signed by both spouses in their own hand

and their signatures officially certified.

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3 The Matrimonial Property Register Office must keep a special register of the declarations and acknowledge their receipt.

3.3. Neighbour Law *

1. The enclosures prohibited by Article 144 must be removed within six months of the entry into force of this Act.

3.4. Real Servitudes *

1 Existing ownership rights to trees on another person's land shall also be guaranteed for the future, if it can be proven that they belong to someone other than the owner of the land; however, for this purpose, they must be registered as an easement in the land register.

2 In the event of natural decay or other removal of the trees, these rights shall be cancelled without further ado (cf. Art. 20 Final Title CC).

3.5. Real Estate Pledges *

1. The mortgage certificates existing at the time of the entry into force of the Civil Code (ZGB) shall remain valid under the previous law until their conversion into a type of land charge under the new law, at the latest until January 1, 1924 (cf. Art. 22 Final Title ZGB).

2. With regard to the fixed mortgage rank, the new law shall immediately become generally effective (cf. Art. 813 and 814 as well as Art. 30 Final Title ZGB).

1. Existing pledges under old law are, without further ado and in all parts, equated with the bearer land charge of the new law (cf. Art. 33 Final Title Swiss Civil Code). The interest payment date is November 11.

1 As of January 1, 1924, the debtor or creditor is free to convert pledges, which are still issued under old law, into debt certificates under new law and to have them re-issued.

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The pledges must be submitted to the land registry office with a declaration. The land registry office may request official authentication of the signatures.

The costs of such re-issues shall be borne by the applicants.

3.6. Land Register Law *

The existing land registers, which are organized by municipalities, are declared to be land registers within the meaning of the Swiss Civil Code (Art. 942-977).

These registers and the associated pledge and transfer of ownership protocols shall be maintained in accordance with the ordinances issued by the Federal Council concerning them.

The land register may be kept by electronic data processing. The Cantonal Government Council shall issue the necessary implementing provisions. *

In the existing land register, all entries required by law and ordinances shall be provisionally recorded in an expedient manner.

Within a period to be determined by the Government Council, the land registers shall be newly created for each local municipality.

The new creation of the land register shall be linked to a public invitation for the registration of real rights.

The Cantonal Council is authorized to issue the necessary ordinances regarding the procedure to be followed in this process and in the clarification of real rights, the enforcement of which is the responsibility of the Government Council.

The survey must be preceded by a precise demarcation of the properties, the costs of which are to be borne by the landowners.

The costs of demarcating properties in valley areas are to be borne entirely by the landowners; the Canton contributes 20 percent towards the costs of demarcating properties in mountain areas in those cases where the Federal Government grants an extraordinary contribution to the demarcation costs. *

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3.7. Repeal and Amendment of Cantonal Law *

1 With the entry into force of the Swiss Civil Code and this

Introductory Statute, all provisions of cantonal laws and ordinances

conflicting therewith are hereby declared null and void.

I. In particular, the following are hereby completely repealed

1. Statute concerning the compulsory formation of corporations for

protection against avalanches, landslides, ravines, torrents and

forest streams of May 4, 1890;

2. Statute concerning police supervision of public

waters and bank protection of May 4, 1890;

3. Ordinance concerning the removal of sand from Lake Walen

of August 9, 1859;

4. Of the Statute concerning claims and contracts, §§ 7 and 826);

5. Cantonal Introductory Statute to the Federal Statute concerning

the establishment and certification of civil status and marriage

of September 29, 1875;

6. Civil Code of the Canton of Glarus with all amendments,

subject to Article 245 of the Introductory Statute;

7. Statute concerning transfer of ownership of real property by sale

or exchange of May 3, 1885;

8. Ordinance concerning the execution of deeds of sale, in which

wards are involved, of May 29, 1839;

9. Statute concerning the transfer of property on the Rieterwiesen for

the purpose of constructing communication roads of 1849;

10. Statute concerning the use of waters of May 8, 1892;

11. Statute concerning the establishment of new mortgage bonds

of 1842;

12. Resolution concerning the legal consequences of non-submission

of mortgage titles for official annotation of the transfers of

ownership or transfer of title relating thereto of May 13, 1885;

13. Statute concerning declarations of death of May 27, 1877;

14. Statute concerning the transfer of water to municipalities and

fountain corporations for public fountains, water supply and

waterworks facilities of May 10, 1896;

15. Implementing ordinance to this Statute of September 17, 1896;

16. Statute concerning accounting calls of May 2, 1897, insofar as it

relates to deaths and guardianships;

17. Resolution concerning the collection of fees for the solemnization

of marriage of non-resident bridal couples of January 5, 1896;

26) By Art. 43 EG OR, the mentioned statute was completely repealed.

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Articles 61, 62, 64 and 65 of the cantonal Introductory Statute

to the Federal Statute on Debt Enforcement and Bankruptcy of

May 6, 1906 (cf. Art. 58 Final Title CC, respectively the amended

1. This Act shall enter into force on January 1, 1912.

2. Should the need arise to amend the provisions concerning water rights (Arts. 166 et seq. of this Act), such an amendment shall be permissible at any time, insofar as it concerns provisions that already existed factually for more than three years prior to the enactment of this Introductory Act and at the time of any potential amendment, and the three-year period specified in the last sentence of Article 46 of the Cantonal Constitution shall not apply.

1 Competent authority for receiving applications for the reacquisition of

the former cantonal and communal citizenship rights under Article 8b

Final Title CC is the Cantonal Civil Registry Inspectorate.

27) Art. 122 repealed (LG 3 May 1925)

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1 The District Administrator is authorized to issue any further necessary ordinances for the introduction of the Swiss Civil Code.

2 Furthermore, the Government Council is entrusted with the execution of this Act.

3.9. Final Provisions regarding the Amendments of 6 May 2007 *

3.9.1. ... *