Kanton Glarus (EGZPO)

Subject Matter

1 This Law contains implementing provisions for the Swiss Code of Civil

Procedure (CPC) as well as further provisions on court costs and

compensation.

2 The organization and competences of the judicial authorities are regulated

in the Law on the Organization of Courts of the Canton of Glarus (Court

Organization Law)¹).

3 Special provisions of other cantonal laws remain reserved.

Cantonal Private Law

1 The CPC is also applicable to the adjudication of cantonal private law. The law regulates the exceptions.

Legal Assistance in Civil Matters

1 The Cantonal Court is responsible for granting national or international legal

assistance (Art. 194 et seq. CPC and Art. 11a Federal Act on Private

International Law [PILA]). *

2 If laws or international treaties mandatorily provide for a higher instance, the

Higher Court is responsible. *

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SBE XI/6 409

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Arbitration

1 In arbitration matters, the Cantonal Court provides judicial assistance in accordance with Article 183 paragraph 2, Article 184 paragraph 2, and Article 185 PILA, and is the sole instance within the meaning of Article 356 paragraph 2 CPC. *

Voluntary Jurisdiction

1 The Cantonal Court decides in summary proceedings in particular on: *

1. Swiss Civil Code (SCC)

a. Taking down of oral testamentary dispositions (Art. 507 SCC);

b. Order for the official liquidation of an estate (Art. 593 et seq. SCC);

c. Appointment of a representative for the community of heirs (Art. 602 para. 3 SCC);

d. Postponement of the division of the estate and securing of claims of co-heirs against insolvent heirs (Art. 604 SCC);

e. Formation of lots (Art. 611 SCC);

f. Method of sale by auction or division before the commencement of the estate division process (Art. 612f. SCC);

g. Mandating the appraisal commission with the determination of the accounting value of real estate (Art. 618 SCC);

h. * Supervision of the executor (Art. 517 f. SCC);

i. * Supervision of the estate liquidator (Art. 595 SCC);

2 Code of Obligations (CO)

a. Sale upon objection to goods sent (Art. 204 CO);

b. Sale and auction of consignment goods (Art. 427 and 435 CO);

c. Sale and deposit of freight (Art. 444, 445 and 453 CO);

d. Deposit of the bill of exchange sum in the absence of presentation of the bill of exchange for payment (Art. 1032 CO).

3. ... *

Art. 8-11 * ...

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4. Supplementary Procedural Provisions

4.1. General

Art. 12-14*

Party Representation (Art. 68 para. 2 CPC)

1 In summary proceedings under Article 251 CPC, parties may be represented

by a natural person with capacity to act who is not admitted to the legal

profession, or by a legal person.

2 In disputes concerning the lease and tenancy of residential and commercial premises,

agricultural leases, and employment contracts, parties may be represented

in simplified proceedings by a person holding a position in a

professional association. *

3 In disputes under paragraph 2, parties may be represented in proceedings

under Article 257 CPC (legal protection in clear cases) by a person as

defined in Article 68 paragraph 2 letter d CPC. *

4.2. Official Finding

Contents *

1 An official report on the actual condition of an item can be requested, provided this is possible without special expert knowledge.

2 The parties involved with the item will be consulted for the preparation of the report, if possible.

3 A record within the meaning of Article 182 CPC will be drawn up.

Jurisdiction

1 The Cantonal Court is responsible for ordering the official finding. *

2 The official finding is conducted by a person commissioned by the Cantonal Court. *

Costs and Procedure *

1 The costs of the official finding shall be borne by the party who requested it.

2 No party indemnities shall be awarded.

3 In all other respects, the summary procedure pursuant to Article 252 of the Code of Civil Procedure shall be applicable. *

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4.3. Costs

* **Subsequent Payment (Art. 123 CPC)**

1 The Cantonal Court decides in summary proceedings on the subsequent payment of court costs within the meaning of Article 123 CPC.

Party Costs (Art. 96 CPC)

1 Party costs are determined by the necessary time expenditure, the amount in dispute or the value of the interest, and the complexity of the case.

2 The High Court shall issue a tariff for the costs of professional representation by attorneys at law within the meaning of Article 95 paragraph 3 letter b CPC, as well as the remuneration of pro bono legal counsel within the meaning of Article 122 paragraph 1 letter a CPC. This tariff requires approval by the Cantonal Parliament. *

3 In labor law disputes up to an amount in dispute of CHF 30,000, party costs shall be borne by the parties themselves. Cases of vexatious litigation remain reserved.

5. Final and Transitional Provisions

Entry into Force

1 This Introductory Act comes into force on 1 January 2011.

Transitional Provision

1 The transitional provisions of Articles 404 et seq. of the Civil Procedure Code

(CPC) are applicable mutatis mutandis to cantonal law.

2 General prohibitions (Rechtbote) issued before January 1, 2011, based on

the former cantonal civil procedure codes, shall henceforth be considered

judicial prohibitions within the meaning of Articles 258 et seq. of the CPC. The

reservation of proof of a better right remains unaffected.

3 For Rechtbote issued before January 1, 2011, the new penalty threat of CHF

2,000 in accordance with Article 258 paragraph 1 of the CPC only applies if

they are signposted on-site within the meaning of Article 259 of the CPC.

Repeal of Existing Law

¹ The Code of Civil Procedure of May 6, 2001, of the Canton of Glarus is repealed upon the entry into force of this Act.

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