Introductory Act to the Swiss Civil Code (EGzZGB) - Designations (EGZZGB)

1. Where this law uses terms that mention only the male gender, these shall apply to both genders, unless the context of the law indicates otherwise.

1. This Act contains the cantonal civil law and regulates the civil law competencies of administrative authorities in the area of the Swiss Civil Code.

2. The jurisdiction of the conciliation authorities and the courts, as well as the procedure in the field of civil jurisdiction, are governed by the Code of Civil Procedure and the cantonal introductory legislation.

1. The Municipal President is responsible for

1. Art. 720, 720a, Receiving notifications of property and animal findings; he/she reports animal findings to the cantonal reporting office;

2. Art. 721, Ordering an auction;

3. Art. 38 of the Civil Status Ordinance (ZStV), Receiving notification of the finding of a foundling; he/she gives the child a family and first name and reports to the civil registry office.

1. The municipal council is responsible for issuing prohibitions concerning forests and pastures within the municipal territory (Art. 699). Complaints against the issuance of such prohibitions can be filed with the higher court.

2. The municipal council of the place of residence or place of origin is responsible for

1. * Art. 106 para. 1, action for annulment of marriage;

2. * Art. 9 para. 2 PartG, action for annulment of a registered partnership;

3. Art. 259 para. 2 no. 3, 260a para. 1, contestation of acknowledgment;

4. * Art. 550, official request for a declaration of disappearance in accordance with Art. 6 para. 3 of this Act.

3. The municipal council of the last place of residence of the defendant is the competent authority in paternity suits according to Article 261 paragraph 2.

4. The municipal council or the office designated by it at the residence of the entitled person is responsible for collection assistance according to Article 131 paragraph 1 and Article 290.

5. The municipal council or the office designated by it is responsible for the safekeeping of wills and inheritance contracts (Art. 504, 505).

6. The municipal council or the office designated by it receives the report of deaths of persons who died at the place of residence and promptly communicates them to the competent civil status office.

7. The municipal council or the office designated by it at the last place of residence of a person promptly informs the cantonal tax administration of the deaths reported to it. Wills and inheritance contracts kept by the municipality are to be forwarded to the regional court.

1. The government is responsible in the following cases

1. Article 30, paragraph 1, approval of name changes;

2. Article 57, paragraph 3, 78, and 89, paragraph 1, action for the dissolution of a legal entity;

3. * Article 106, paragraph 1, action for annulment of marriage;

4. * Article 9, paragraph 2 of the Partnership Act, action for annulment of the registered partnership;

5. Article 882, supervision of the redemption of rents;

6. Article 885, authorization for acceptance of livestock pledges;

7. Article 907, authorization for the operation of the pawnbroking business;

8. Article 43, paragraphs 2 and 3 of the Private International Law Act, authorization for foreigners to marry.

2. The government is entitled to assign matters of the aforementioned type to individual departments or offices for resolution.

3. Appeals against decisions of the government pursuant to paragraph 1, points 1 and 5-8 may be made to the Higher Court according to the Code of Civil Procedure. The same applies to decisions of departments, insofar as federal law does not provide for a different instance.

1. The cantonal police are responsible for the immediate expulsion pursuant to Article 28b, paragraph 4. The procedure is governed by the Police Act of the Canton of Grisons, insofar as it regulates expulsion.

2. ...

3. The enforcement of electronic monitoring of civil expulsions, restrictions on place of residence, restraining orders, and contact prohibitions is governed by the Introductory Act to the Swiss Civil Procedure Code.

1. The procedure is governed by the provisions of the Administrative Procedure Act.

2. ...

3. Decisions of the government, the cantonal departments, and other cantonal bodies in the field of civil law may be appealed to the Higher Court in accordance with the Code of Civil Procedure, if superior law requires a final instance judgment by a higher cantonal court.

1. The publications, public announcements, requests, and proclamations prescribed by the Civil Code (ZGB) and this law shall be made in the Cantonal Official Gazette, unless otherwise stipulated by law or by decree of the Great Council.

2. The proclamation of a finding of obviously minor value (Art. 720) may be made in another appropriate manner.

3. The authority's right to further appropriate publications is reserved, as is the publication prescribed in the Swiss Official Gazette of Commerce (SHAB) by the Civil Code.

1. In the following cases, the announcement must be published twice consecutively in the Cantonal Gazette

1. Art. 36, Invitation to register in the disappearance procedure;

2. Art. 555, Call to heirs;

3. Art. 558, Notification of opened dispositions to beneficiaries with unknown whereabouts;

4. Art. 582, Call for accounts in the preparation of the public inventory;

5. Art. 595, Call for accounts in the official liquidation;

6. Art. 662, Notice in the extraordinary acquisition by prescription;

7. Art. 43 Transitional Act, public invitation for the registration and entry of real rights.

1. Civil status districts encompass the territory of one or more regions or parts thereof and are definitively established by the government within the framework of federal law and after consultation with the involved regions.

2. The government determines the seat and name of the civil status registries definitively after consulting the involved regions.

3. Eligible individuals are those who meet the requirements of federal law and appear capable of independently performing the duties of the office.

1. The Regional Committee or the Conference of Presidents appoints the necessary number of civil status officers, designates the head of the office, and regulates the deputyship, following prior approval by the cantonal supervisory authority.

2. If a civil status district extends over the territory of several regions, these regions shall agree on the election body and the election procedure.

3. Eligible for election are persons who meet the requirements of federal law and appear capable of exercising the office independently.

1. The municipalities bear the costs for establishing and operating the civil status office in proportion to the population, unless they establish a different regulation. Operating costs also include the costs for using the federal civil status database.

2. The time expenditure for transferring grossly incorrect register entries into the computerized civil register is to be compensated by the municipality of the former civil status office.

1. The Department decides as the supervisory authority on

1. Art. 47, Disciplinary measures;

2. Art. 85 Sec. 1 ZStV, Ordering of inspections;

3. Art. 86 Sec. 1 ZStV, Taking action against improper official conduct;

4. Art. 87 ZStV, Dismissal or non-re-election of a civil registrar;

5. Art. 90 Sec. 1 ZStV, Appeals against orders of the civil registrars;

6. Art. 91 ZStV, Punishment of violations of the reporting obligation.

2. The remaining supervisory powers are vested in the Office.

1. Decisions and orders of the office may be appealed to the department.

2. Decisions and orders of the department can be further appealed to the High Court in accordance with the Code of Civil Procedure.

1. The office designated by the government serves as the supervisory and conversion authority for foundations with their seat in the Canton of Graubünden, with the exception of family foundations and ecclesiastical foundations.

2. This office

a) supervises the foundations;

b) modifies the organization and purpose of a foundation upon request;

c) dissolves a foundation if its purpose becomes unattainable;

d) files for the dissolution of a foundation if the foundation's purpose has become unlawful or immoral.

3. The government issues an ordinance concerning the supervision of foundations of private and public law.

4. ...

1. For occupational pension schemes, the Intercantonal Agreement on the BVG and Foundation Supervision of the Cantons of Zurich, Glarus, Schaffhausen, Appenzell Ausserrhoden, Appenzell Innerrhoden, St. Gallen, Graubünden, Thurgau, and Ticino (IVBSA) and the Federal Act on Occupational Old Age, Survivors', and Invalidity Pension Provision (BVG) apply.

1. Supervision of the church foundations of the regional churches is exercised by the regional church bodies.

2. The government has the supreme supervision.

1. The supervisory authority may impose the following disciplinary measures after conducting an investigation and hearing the parties involved, depending on the severity of the misconduct

1. Reprimand;

2. Fine up to 5000 Swiss Francs;

3. Suspension from office for up to six months;

4. Dismissal from office.

2. Civil and criminal liability are reserved.

3. In serious cases, the office designated by the government appoints a government commissioner.

1. Decisions of the Supervisory and Transformation Authority may be appealed to the Higher Court in accordance with the Code of Civil Procedure.

1. Legal Personality Without Registration in the Commercial Register: Common Land, Alpine, Field, Forest, Fountain, Irrigation Cooperatives, and the like (Art. 59 para. 3).

1. All legal relationships of the cooperative shall be governed by the statutes, subject to the provisions whose application is prescribed by law. Insofar as the statutes contain no provisions, the following provisions shall apply.

1. The Cooperative Assembly, in which each member is entitled to vote, constitutes the supreme body. It is convened by the board. The convening is carried out according to the provisions of the statutes, in any case as often as the interest of the cooperative requires, and also by operation of law, if one-fifth of the members demand it.

2. The Cooperative Assembly has the legal right to dismiss the board at any time for an important reason.

3. The board is responsible for managing and representing the affairs of the cooperative within the scope of its powers.

1. On the Validity of Resolutions of the Cooperative Assembly and the Board of Directors

For the validity of resolutions passed by the cooperative assembly and the board of directors, it is required by law that, insofar as possible, all members have been summoned to the relevant meeting. The resolutions are adopted by an absolute majority of those voting unless otherwise provided by law or the statutes.

2. In cooperatives with fractional rights, a majority of the represented fractional rights is required for resolutions of the cooperative assembly. Each full fractional right is entitled to one whole vote. Fractions of a fractional right have a voting right corresponding to the fraction.

1. Every member of the cooperative is, by law, entitled to a right of action against resolutions of the cooperative which they believe infringe upon their vested rights.

1. If the members of the cooperative have fractional rights in the cooperative property, they shall have the right to freely dispose of these rights. The statutes must specify the extent to which fractional rights can be divided into parts.

2. The members cannot demand the partition of the cooperative property.

3. The cooperative itself has the right to decide on the management, use, modification, pledge, and sale of the cooperative property. By law, a two-thirds majority of the members or the fractional rights is required for any sale.

1. The partial rights are, by law, equated with real properties in the sense of Article 655 paragraph 2 number 2. They may not be divided by law into smaller fractions than one-quarter.

2. The transfer of partial rights and the establishment of real rights on them require registration in the land register to be valid. Public notarization is not required.

3. If partial rights are pledged, the cooperative may only pledge the property with the approval of the department responsible for land registration. This approval can be granted, in particular, if the pledge is for the execution of land improvements, such as soil improvements, the construction and improvement of buildings, and roads. The department may attach the approval to compliance with an amortization plan.

4. The establishment and maintenance of special registers for partial rights, which form part of the land register, are regulated by a government ordinance.

5. In case of a dispute, the department as the supervisory authority over land registration decides whether a cooperative falls under this article.

1. For the dissolution of the cooperative, a two-thirds majority of all members of the cooperative or all partial rights is required by law. The assets of the cooperative shall be distributed among the members of the cooperative.

2. In cooperatives with partial rights, this distribution is made according to partial rights.

1. The provisions of the Swiss Civil Code (ZGB) and the Swiss Code of Obligations (OR) are subsidiarily applicable to cooperatives governed by cantonal law.

1. For cooperatives that serve public purposes, public law and state supervision remain reserved.

1. The Child and Adult Protection Authority decides on the adoption.

2. It may commission suitable entities to conduct investigations.

3. Municipal, regional, and cantonal authorities as well as third parties are obligated to provide the information necessary for the adoption decision. Professional secrecy remains reserved.

4. In other respects, the procedure and appeals are governed by the provisions of child and adult protection law, unless superior law or this Act provides otherwise.

1. The Child and Adult Protection Authority coordinates the procedure for obtaining information about the personal details of the biological parents (Art. 268c) and assists the child, the biological parents, and their descendants by providing advice upon request (Art. 268d). To this end, the Child and Adult Protection Authority operates an information and advisory center for origin searches.

2. This center may assign suitable agencies with further investigations, counseling, as well as the initiation and facilitation of contact.

1. The municipality of residence of the child entitled to maintenance provides maintenance advances if the parents fail to fulfill their maintenance obligation (Art. 293 para. 2).

1. The Child and Adult Protection Authority is a cantonal specialized authority that is independent in its application of the law.

a) * ...

b) * ...

c) * ...

d) * ...

e) * ...

2. ...

3. ...

4. The Child and Adult Protection Authority has a management and at least five regional branches.

1. ...

2. The Child and Adult Protection Authority carries out the tasks assigned to it under the Civil Code and other federal laws in the area of child and adult protection, provided that cantonal law does not delegate these tasks to another authority.

3. The Child and Adult Protection Authority is specifically responsible for the following additional tasks

a) Advising parents on the drafting of maintenance agreements;

b) Depositing and safeguarding advance care directives (Art. 361);

c) Performing the duties of the central cantonal authority for international agreements related to child and adult protection, as well as the enforcement authority for the return of children;

d) Tasks assigned to it by cantonal law or the government.

4. The Child and Adult Protection Authority may assign suitable agencies to fulfill the tasks pursuant to Section 3 Letter d, particularly for assessing the situation of the child and family abroad, conducting mediation and conciliation procedures abroad, as well as the repatriation of a child abroad.

1. The Director shall manage the Child and Adult Protection Authority in personnel, operational, and professional respects, and shall oversee its business activities.

2. The Director shall particularly be responsible for the following tasks

a) Coordination and collaboration;

b) * Ensuring a uniform practice in the application of law as well as consistency in procedural processes;

c) * ...

d) Information and experience exchange;

e) Conclusion and implementation of the performance agreement with the Department;

f) * Budget creation and control;

g) * Ensuring appropriate training and further education of the authority members, professional guardians, and private guardians;

h) * Quality assurance within the scope of executing the responsibilities of the Child and Adult Protection Authority;

i) * Representation of the Child and Adult Protection Authority externally.

3. ...

4. ...

5. The Director may assume the duties of an authority member.

1. The government exercises supervision over the Child and Adult Protection Agency.

2. It may issue instructions to the Child and Adult Protection Agency within the scope of its supervisory authority.

3. The Child and Adult Protection Agency is administratively subordinate to the department designated by the government.

1. As the seat of the Child and Adult Protection Authority and thus as the domicile of the minor under guardianship (Art. 25 para. 2) and the adult under comprehensive guardianship (Art. 26), the municipality is deemed to be

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

b) to which they relocate their domicile after the establishment of the guardianship or comprehensive guardianship.

1. Branch Offices of the Child and Adult Protection Authority Consist Of

a) * a branch office manager as a member of the authority;

b) * at least two additional members of the authority;

c) * additional personnel of the secretariat and support services.

2. The members of the authority possess the necessary personal and professional qualifications.

3. ...

1. The operation of professional guardianship is a regional responsibility. The regions can fulfill this task alone or jointly.

2. The professional guardianships carry out the measures ordered by the Child and Adult Protection Authority in the realm of child and adult protection.

3. They are responsible for advising and supporting private guardians and private deputies.

1. Professional guardianships typically consist of a director, the professional guardians, and the administrative staff.

2. The regions must ensure that the positions necessary for the proper and timely fulfillment of tasks are created and filled.

3. Upon request from the Child and Adult Protection Authority, the supervisory authority may appoint a professional guardian at the expense of the region in case of regional default.

1. A professional deputy may be employed if the individual possesses the necessary personal suitability and a recognized qualification, typically in the fields of social work, pedagogy/psychology, or law.

2. In justified exceptional cases, the requirement for a recognized qualification may be waived with the consent of the Child and Adult Protection Authority.

3. The Child and Adult Protection Authority shall be consulted with an advisory capacity to support the employment of professional deputies.

1. The Head manages the professional guardianship in terms of personnel, operations, and expertise, oversees the entire business activity of the professional guardianship, and represents it externally.

1. Court-appointed guardians conduct the guardianships that the Child and Adult Protection Authority does not assign to a third party.

2. The provisions concerning the conduct of guardianships apply mutatis mutandis to the area of child protection.

1. The support persons are under the professional supervision of the Child and Adult Protection Authority, which may issue them instructions.

1. The Child and Adult Protection Authority may impose the costs of substitute performance on guardians who culpably fail to fulfill their legal duties.

1. The canton assumes the social insurance contributions for private guardianship persons for managing guardianships.

1. Authorized to order protective placement is

a) * any physician authorized to practice independently in the canton

1. * in primary healthcare;

2. * with a specialist title in psychiatry and psychotherapy;

3. * with a specialist title in child and adolescent psychiatry and psychotherapy;

b) * any public health officer;

c) * the attending physician of the referring institution.

2. Police assistance may be enlisted for the execution.

3. The medical placement decision must be communicated immediately to the child and adult protection authority and the legal representative.

1. If the medical accommodation lasts longer than six weeks, the facility must submit a substantiated application for the continuation of the measure to the Child and Adult Protection Authority at least ten working days before the expiration of this period.

1. A new placement decision is required for the transfer to another facility.

2. Jurisdiction is determined by that governing the release.

1. The institution decides on the release in cases of medical accommodation up to six weeks and in individual cases, if the Child and Adult Protection Authority has transferred the authority to release to it.

2. If the Child and Adult Protection Authority is responsible for the release, the institution must submit a substantiated request as soon as the conditions for the accommodation are no longer met.

1. If necessary, the attending physician may arrange for suitable aftercare with the person being discharged before their release.

2. If such an arrangement is not reached, the Child and Adult Protection Authority may, in the event of a risk of relapse and upon request by the attending physician or on its own initiative, order suitable aftercare for a maximum of twelve months.

1. The Child and Adult Protection Authority supervises the ordered aftercare.

2. The person or entity charged with executing the ordered aftercare is obligated to report to the Child and Adult Protection Authority no later than twelve months, or according to instruction.

3. If the conditions for the ordered aftercare are no longer met, this must be immediately communicated to the Child and Adult Protection Authority.

1. The Child and Adult Protection Authority shall terminate the ordered aftercare ex officio or upon application if its purpose has been achieved or cannot be achieved, and if a custodial placement is necessary.

2. The aftercare shall lapse at the latest upon the expiration of the specified duration, unless a new order from the Child and Adult Protection Authority is in place.

1. The Child and Adult Protection Authority may order outpatient measures that appear suitable to prevent custodial care or avoid a relapse.

2. It may particularly require the individual concerned to

a) regularly seek professional advice or guidance and comply with the associated instructions;

b) undergo medically indicated treatment or therapy;

c) refrain from consuming alcohol and other addictive substances and submit to related tests for alcohol and other substances;

d) follow additional behavioral instructions.

3. Outpatient measures can be part of aftercare.

1. The Child and Adult Protection Authority supervises the compliance with the outpatient measures and reviews annually whether the prerequisites are still met.

2. It revokes them ex officio or upon request if their purpose has been achieved or cannot be achieved, and if a protective custody is necessary.

3. Additionally, the provisions regarding the ordered aftercare are applicable.

1. The general provisions of the Civil Procedure Code and its regulations concerning summary proceedings apply mutatis mutandis to proceedings before the Child and Adult Protection Authority, insofar as superior law and this Act do not provide otherwise.

2. Proceedings in the area of child and adult protection are not public.

1. Proceedings before the Child and Adult Protection Authority become pending upon submission of an application or are initiated ex officio.

2. The proceedings are initiated ex officio when

a) a report of endangerment that is not evidently unfounded is received;

b) there are concrete indications of the need for assistance and protection of a child or an adult person; or

c) the authority is called upon in cases specified by the Civil Code.

3. The initiation of proceedings must be communicated to the affected person and their legal representatives.

1. The head of the Child and Adult Protection Authority, or a designated authority member, conducts and instructs the proceedings.

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

a) Ordering provisional measures in cases of particular urgency (Art. 445 para. 2);

b) Ordering representation for the child or adult protection proceedings (Art. 314a and Art. 449a);

c) Granting of legal aid;

d) * Issuing orders for dismissal and non-entry;

e) * Ordering or revocation of suspensive effect in appeal proceedings (Art. 450c and Art. 450e);

f) * Issuing enforcement orders (Art. 450g).

1. The personal hearing of the affected person is conducted by a member of the authority. In the presence of special circumstances, a qualified specialist may be commissioned to conduct it.

2. In the case of a serious infringement of personal rights, the hearing is conducted by the collegiate authority.

3. The essential content relevant to the decision must be recorded in a protocol.

1. If the participants in the procedure or third parties unjustifiably refuse to cooperate, the instructing authority member may order the enforcement of the duty to cooperate. Permissible measures include, in particular

a) personal presentation;

b) examination by a physician;

c) the release or securing of documents, objects, and assets.

2. Police assistance may be enlisted for the enforcement.

3. Persons who unjustifiably violate the duty to cooperate shall bear the costs caused by the enforcement.

1. Unless individual jurisdiction is provided, the Child and Adult Protection Authority shall decide in a panel of three members.

1. The individual responsibility of the instructing authority member includes

a) * Appointment of the guardian ad litem (Art. 306 para. 2, Art. 400, Art. 401, Art. 402 and Art. 403), decision on a change of guardian due to the termination of employment as a professional guardian (Art. 421 no. 3) or upon the guardian's request (Art. 422);

b) * Approval and decision on the investment and safekeeping of assets (Art. 408 para. 3);

c) * Approval of the final account and report as well as release from the obligation to prepare a final report and account upon the termination of the guardian's employment (Art. 425);

d) * Assumption of an existing measure from the authority of the former residence (Art. 442 para. 5 and Art. 444);

e) * Determination of the compensation for the guardian (Art. 404 para. 2) and for the appointed person (Art. 366, Art. 392 no. 2 and Art. 307);

f) * Decisions regarding the amount of procedural costs and their allocation.

1. In child protection proceedings, the individual competence of the instructing authority member includes

a) * Filing an application for re-regulation of parental custody with the competent court (Art. 134 para. 1);

b) * Re-regulation of parental custody and care in cases of parental agreement or the death of a parent, as well as approval of maintenance agreements (Art. 134 para. 3 and para. 4, Art. 179 para. 1, Art. 287, Art. 298d and Art. 315b para. 2);

c) * Re-regulation of personal contact or caregiving shares in non-contentious cases without altering parental custody or maintenance (Art. 134 para. 4, Art. 179 para. 1, and Art. 298d);

d) Filing an application for the appointment of child representation in divorce or separation proceedings (Art. 146 para. 2 no. 2, Art. 299 para. 2 lit. b of the Civil Procedure Code);

e) * Consent to the adoption of the warded child (Art. 265 para. 2);

f) * ...

g) Transfer of joint parental custody upon joint application (Art. 298a para. 1);

h) * Appointment of a support person for the clarification of paternity and regulation of maintenance (Art. 308 para. 2);

i) Ordering the taking of inventory or the periodic accounting and reporting of the child's assets (Art. 318 para. 3, Art. 322 para. 2);

j) Authorization to deplete the child's assets (Art. 320 para. 2);

k) * Ordering a representative guardianship for the unborn child to assert inheritance claims (Art. 544 para. 1bis);

l) * Appointment of a guardian or a support person upon court order (Art. 298 para. 3 and Art. 315a para. 1);

m) * Appointment of a guardian for a child not under parental custody (Art. 327a).

1. In adult protection proceedings, the individual responsibilities of the instructing authority member include

a) * ...

b) Determination of compensation in the absence of provisions in the advance care directive (Art. 366);

c) * ...

d) Determination of the authorization to represent in medical measures (Art. 381, Art. 382 para. 3);

e) * Taking of an inventory and ordering the preparation of a public inventory (Art. 405 para. 2 and para. 3).

f) * ...

1. The Higher Court is the judicial appellate instance.

2. Interim decisions of the Child and Adult Protection Authority can be appealed to the Higher Court within ten days of their notification.

3. The Higher Court is not bound by the parties' motions and investigates the facts ex officio. New facts and evidence are admissible.

4. There is no suspension of deadlines for statutory and officially ordered time limits. The parties must be informed of this.

5. Otherwise, the rules for civil appeals apply mutatis mutandis, unless superior law provides otherwise.

1. Professionals in the fields of medicine, nursing, education, upbringing, care, social counseling, and religion, who, in the exercise of their profession, become aware of an immediate danger to oneself or others posed by a child or an adult, are obligated to report this danger.

2. Anyone in possession of a living will is required to inform the attending physician if they become aware of the incapacity of the person who issued the directive.

1. The Child and Adult Protection Authority shall communicate decisions to the authorities that need to be informed of the establishment and termination of guardianship or custody, as well as the arrangement of parental authority, in order to fulfill their legal duties.

2. Decisions concerning children's matters must be communicated to the child in accordance with the provisions of the Code of Civil Procedure on children's matters in family law matters.

1. Costs are incurred for proceedings before the Child and Adult Protection Authority.

2. In child protection proceedings and in proceedings concerning personal contact, parental custody, or maintenance, the procedural costs are to be borne by the parents, the parent with custody rights, or the parent obliged to provide maintenance.

3. In the presence of special circumstances, the collection of procedural costs may be waived, provided the proceedings were not initiated frivolously or vexatiously.

4. In proceedings before the Child and Adult Protection Authority, compensation for parties is generally not awarded.

5. Otherwise, the collection of procedural costs is governed by the legislation on civil procedure.

1. ...

2. ...

3. The costs of outpatient and inpatient child protection measures are borne by the municipality of the child's civil law residence, insofar as third parties are not liable for payment, when a decision or recommendation of the Child and Adult Protection Authority or a court, or a recommendation supported by the Child and Adult Protection Authority from another specialized authority in child protection, is present. If a municipality disputes the responsibility for assuming the costs, the Child and Adult Protection Authority can provide an advance payment.

4. The holders of parental authority participate in the costs of child protection measures to the extent defined by the Swiss Conference for Social Assistance as the parental contribution, but at least ten francs per day. If they are not financially able to do so, the community responsible for the public support of the holders of parental authority covers the parental contribution.

5. The municipality can reclaim 95 percent of the costs of inpatient child protection measures from the canton at the expense of the intercommunal pool managed by the canton.

6. 80 percent of the parental contributions made for the costs of inpatient child protection measures must be forwarded by the municipality to the canton for the benefit of the intercommunal pool.

7. The net costs at the expense of the intercommunal pool according to paragraph 5 and paragraph 6 are distributed the following year among the municipalities in proportion to the permanent residential population.

1. The costs of outpatient and inpatient adult protection measures are to be borne by the affected person, insofar as no third parties are liable for payment.

2. Subsidiarily, they are to be borne by the public authority responsible for public legal support. The corresponding provisions shall apply.

3. If health insurers or municipalities dispute their responsibility for covering the costs of medically ordered custodial care, these costs shall be advanced by the canton.

**1. In the event of a change of residence of the affected person during a measure, the costs of child protection measures and the subsidiary costs of adult protection measures to be covered by the public community shall be borne proportionally by the municipalities according to the duration of the affected person's residence in the respective municipalities.**

1. The costs associated with medical measures arising in the procedure for welfare placement and which are not part of court procedure costs or covered by health insurers, are to be borne by the person to whom the procedure relates.

2. Uncollectible costs are to be borne by the municipality of residence.

1. The records are archived by the Child and Adult Protection Authority or, in the case of court proceedings, by the court.

2. The guardians are obligated to hand over all records in an organized manner to the Child and Adult Protection Authority at the end of the guardianship or support mandate.

1. Decisions regarding the inspection of files in closed proceedings are made by the authority that retains the files.

2. File inspection is granted if a legitimate interest can be asserted.

3. Decisions regarding file inspection can be appealed in writing to the supervisory authority within 30 days.

1. Recourse against the person who has caused the damage intentionally or through gross negligence is governed by the State Liability Act.

1. The government shall regulate the details in an ordinance, particularly concerning

a) * the organization and geographic areas of operation of the branches;

b) the administration of guardianships;

c) welfare placements;

d) * procedural and intervention costs, notably fees as well as compensation and reimbursement of expenses for guardians;

e) * compensation for part-time members of authorities.

1. If the deceased leaves no heirs (Art. 466), the succession devolves as follows

1. half to the community of domicile and half to the community of origin, if the deceased was domiciled and had citizenship in a municipality within the canton;

2. entirely to the community of origin, if the deceased had citizenship in a municipality within the canton but was residing abroad;

3. half to the municipality of residence and half to the canton, if the deceased was domiciled in the canton but did not have citizenship there.

2. If the deceased was a citizen of multiple municipalities within the canton, the share that devolves to the community of origin is to be divided among them.

3. The inheritance is to be used for charitable purposes.

1. If an inheritance devolves to the community, the provisions of this law concerning the public inventory shall apply mutatis mutandis to the call for creditors (Art. 592).

1. Municipalities are obligated to accept wills and inheritance contracts for safekeeping if the testator resides in the municipality or, in the absence of a Swiss domicile, has his place of origin there in accordance with Article 22 Paragraph 3.

2. A receipt must be issued to the depositor, indicating that upon moving away from the municipality, he must arrange for the deposition with the new competent authority.

1. Municipalities must take the necessary measures for the secure storage of wills and inheritance contracts.

2. A special register must be maintained for entries and exits.

3. Wills and inheritance contracts must be registered and stored in a securely sealed envelope at a safe location inaccessible to unauthorized persons.

1. Deposited wills may only be released to the testator or a person authorized by him while the testator is alive. Further release is governed by Articles 509 and 510.

2. Inheritance contracts are only handed over to the contracting parties if a written agreement in accordance with Article 513 paragraph 1 is deposited or if all contracting parties request it.

1. Anyone who becomes aware of a testamentary disposition or an inheritance contract is obligated to forward it to the competent single judge at the regional court for opening as soon as they become aware of the testator's death.

2. Upon the death of the testator, the known heirs are to be summoned before the regional court for the opening of the testamentary disposition or the inheritance contract. The opening is to be recorded in the register.

1. The oral will according to Articles 506 and 507 may be deposited by the witnesses with any single judge at the Regional Court or recorded in a protocol.

2. The single judge shall deliver the document prepared by the witnesses, or in the case of an oral declaration, the recorded protocol, to the authority responsible for the safekeeping or opening at the testator's commune of residence for safekeeping or opening.

1. The inheritance is to be sealed without delay

1. when not all heirs are known;

2. when the known heirs are not all present, represented, or capable of acting, and sealing appears justified under the circumstances;

3. when an heir requests a public inventory;

4. when an heir expressly requests the sealing of the inheritance.

2. In the cases of paragraph 1, numbers 1 and 2 of this article, the heirs, cohabitants of the deceased, and the head of the deceased's residential community are obliged to immediately notify the district court judge.

3. The sealing is to be performed by the district court judge or another employee of the district court.

1. The Inventory of Safeguards (Art. 553) is prepared by the single judge at the Regional Court, a registrar of the Regional Court, or a notary designated by the single judge at the Regional Court.

2. The inventory should include, in as comprehensive a list as possible, the assets and liabilities of the deceased, as well as list the books and documents that may provide information about the inheritance.

3. The assets and liabilities can be assessed, with experts being able to be consulted.

4. The information contained in the Inventory of Safeguards is not final for the distribution of the estate.

1. The single judge at the regional court appoints an estate administrator, who assumes the rights and duties of a legal guardian (Art. 408 para. 1 and 2).

2. The estate administrator is responsible for managing the estate until the declaration pursuant to Article 588 has been submitted.

1. The notary appointed by the single judge at the regional court unseals the estate and, together with the estate administrator, prepares the inventory as quickly as possible.

2. Real estate may be appraised by the official appraisal commission, while other assets, if necessary, may be appraised by experts.

3. If there are doubts as to whether certain assets belong to the estate, they shall nevertheless be appraised and included in the inventory with a corresponding note.

1. Movable objects that could easily be stolen, cash, and securities must be securely stored after being recorded in the inventory.

2. Movable objects whose storage would cause disproportionate costs or is associated with significant disadvantages may be auctioned or otherwise disposed of as best as possible by the estate administrator.

3. Real estate can only be sold with the consent of all heirs.

1. The executor of the estate must ensure that the business of the deceased is continued in the interest of the heirs and creditors, if an interruption of the business could be detrimental to the estate.

2. If the single judge at the regional court grants the continuation of the deceased's business by a co-heir, he also decides on any security requests of the co-heirs.

1. The Call for Claims (Art. 582) shall be published by a single judge at the Regional Court twice in the Cantonal Gazette, at the last domicile of the deceased, and, if deemed necessary, in additional publication organs.

2. The period for the submission of claims shall be set at a minimum of one month, starting from the day of the first publication in the Cantonal Gazette. Creditors must be informed in the announcement of the consequences of failing to register their claims.

3. Upon request, each creditor shall be issued a certificate of claim registration at the expense of the estate.

1. The Single Judge at the Regional Court confirms the completion of the inventory recording and notifies the heirs of this order in writing. With this notification, the period for the declaration according to Article 588 begins.

2. Extensions of the deadline by the Single Judge at the Regional Court pursuant to Article 587 do not benefit the delinquent creditors.

1. The government regulates by ordinance the fees for official involvement in matters of inheritance.

1. The administrator of the estate and the executor are subject to the supervision of the individual judge at the regional court.

2. The administrator of the estate is obliged to inform the individual judge at the regional court of the termination of their duties.

1. If the heirs cannot agree on the credit value of real estate within the meaning of Article 618, the single judge of the Regional Court is responsible for appointing the experts; he usually commissions the official appraisal committee.

2. The appeal is governed by the Code of Civil Procedure.

1. Components of a Property are, according to local customs as per Article 642, unless otherwise proven, in particular

1. the walls and fences standing in the ground;

2. anything that is fixed to a building with nails and screws;

3. cabinets and mirrors embedded in the wall;

4. stoves and ranges built into the ground or permanently attached to a firewall;

5. doors and shutters;

6. facilities structurally connected to a building, such as machinery, engines, elevators, pipelines, electrical wiring, sanitary and heating systems, boilers, wells, cesspools, and the like.

1. Appurtenances of a Property, in accordance with Local Custom as defined in Article 644, unless evidence of a different practice is provided, include in particular

1. keys belonging to a building;

2. shutters for windows;

3. movable bathing and washing facilities, stoves and ranges, unless the necessary corresponding installations, which are permanently attached to the building according to local custom for the use of the premises, are present;

4. barrel racks, stands, and similar items, as well as fire extinguishing equipment.

1. The fragmentation of forest properties into smaller plots than 50 ares and of other properties, insofar as federal law does not provide otherwise, into smaller plots than 12 ares is prohibited.

2. Courtyards and building plots, gardens, tree and plant nurseries, as well as vineyards, do not fall under this prohibition of fragmentation, insofar as federal law does not provide otherwise.

3. Properties allocated in land consolidation procedures must not be divided again.

4. The Department of Home Affairs and Economic Affairs may grant exceptions when there are important reasons. The Department of Infrastructure, Energy, and Mobility is responsible for granting permission for the division of forest.

5. Purchase, exchange, and division contracts, as well as subdivision applications that contradict the prohibition of fragmentation, are invalid and must not be entered in the land register if no exception permission exists.

1. When planting trees and shrubs, except in relation to forest properties, the following distances from the boundary must be observed

1. 6 meters for tall trees that do not belong to fruit trees, as well as walnut trees;

2. 4 meters for tall fruit trees with the exception of walnut trees;

3. 2 meters for dwarf fruit trees, plum and damson trees and similar;

4. 0.50 meters for smaller garden trees and shrubs, which must be pruned to a height of 3 meters; the neighbor can demand that they be pruned in this manner annually in the autumn; this claim is not subject to any statute of limitations;

5. 0.30 meters for vines.

2. If the neighboring property is a vineyard, these distances, except for vines, increase by half of their measure.

3. The right to object to violations of the distance regulations expires after five years, calculated from the planting. The provisions of this article apply accordingly to wild-growing trees and shrubs.

1. If trees with high trunks, that are not fruit trees including nut trees, deprive a building of light or sunlight to such an extent that its utility value is significantly reduced, the owner of the building has the right to demand their removal at any time. This is the case even if the legal boundary distance according to Article 96 of this law is maintained, provided that the interest of the tree owner in preserving them is of significantly lesser importance than the damage incurred.

2. No such right exists if the trees have a distance from the enclosing wall of the building equal to their height, or if their preservation is in the public interest.

1. In the case of closed construction, firewalls must be erected in the construction of high-rise buildings.

2. These can be positioned on the boundary in such a way that they are situated halfway on the neighbor's land.

3. If the neighbor constructs using the firewalls, they must acquire ownership by contributing a share. This contribution is generally half of the construction costs, but it can be reduced if the wall is subject to less usage. The wall thereby becomes co-owned by both neighbors.

4. Existing firewalls can be used by the neighbor for their construction if they are located on the boundary. Besides contributing to the construction costs, the neighbor must pay half of the value of the strip of land on which the wall stands, thereby becoming a co-owner of the wall.

1. Each of the two co-owners has the right to increase the height of the fire wall or to deepen it into the ground within the limits of the law and at their own expense. If the neighbor builds onto the newly constructed wall, they must pay the corresponding cost contribution in accordance with Article 98, Paragraph 3 of this law.

2. If a new construction or renovation requires it, the builder is entitled to demolish the existing fire wall and replace it with a new one. They must bear the costs alone and use any land on their property required for increased wall thickness. They must compensate the neighbor for any damage caused by the construction. If the wall was defective or did not comply with legal regulations, the neighbor must contribute proportionately to the costs.

3. No structural changes may be made to the fire wall from either side that would impair its function; in particular, no beams, cupboards, or other recesses may be embedded in the fire wall that extend further than 5 cm to the center line of the wall.

4. Furthermore, Article 698 is decisive for the maintenance obligation of communal fire walls.

1. Retaining walls for preserving natural soil belong to the owner of the property on which they have been constructed and must be maintained by them.

2. If a retaining wall has been constructed on the boundary, it is considered part of the property of the owner who erected it, unless a different arrangement has been made. If it cannot be proven or reasonably inferred from the function of the retaining wall which property owner erected it, it is presumed to be co-owned by the neighbors.

3. If a neighbor, who does not have co-ownership in the retaining wall on or at the boundary, makes structural alterations after its construction which would justify the creation of a retaining wall under neighborly law, they can be required to acquire co-ownership of the existing retaining wall by purchase. Article 98 paragraphs 3 and 4 of this law apply mutatis mutandis.

4. For shared retaining walls, the same principles apply regarding maintenance obligations and structural alterations as for firewalls (Art. 99 of this law).

3. Enclosures and trees on the boundary of two properties are, in case of doubt, considered as co-ownership of both property owners.

4. It is presumed that enclosures of entirely enclosed properties belong to these properties, provided that the adjacent property is not also an enclosure.

5. It is presumed that enclosures which separate properties from streets, public places, forests, and commons belong to the enclosed property.

1. When a bank or ditch separates two properties, the middle of the bank or ditch is presumed to be the boundary.

1. The neighbor is obliged to tolerate the entry or temporary use of their property if it is indispensable for the construction, repair, or restoration of a fence, building, or other structural facilities at the boundary.

2. They must be notified in a timely manner and are entitled to full compensation for damages.

**1. Anyone managing land as arable land is entitled to the right of treading and stretching.**

2. The right of treading permits the entitled person to drive half of their team and vehicle on the adjacent property when plowing along the lengthwise side of their field.

3. The right of stretching allows the entitled person to drive with their team up to 4 meters onto the adjoining property at the front end of their field and to turn the plow there.

4. For the exercise of the right of treading and stretching, pasture fences may be removed but must be restored to their original condition after plowing.

5. This right may not be exercised if the adjacent property is planted or covered with tall grass. If it has not yet been harvested and the owner is significantly behind in the harvest, the municipal council may, upon request, set a reasonable deadline for the completion of the harvest. If the owner does not meet this deadline, the municipal council must order the necessary measures to enable the exercise of the right of treading and stretching. The penalty provisions of the municipal land regulations remain reserved.

6. Anyone exercising the right of treading and stretching in violation of the provisions of this article is liable for damages caused.

1. The owner of a forest, as well as the owner of the timber felled therein, is entitled to demand, against full compensation, from the owners of the lower-lying properties, the passage of the timber at a suitable location, if necessary, by means of timber slides.

2. The sliding of timber should, if feasible, take place in winter and with the greatest possible care for the lower-lying properties.

**1.** If the participating landowners decide by a majority according to persons and according to the land area involved in the project to construct a field and forest path, each of them is obligated to provide the necessary land in exchange for compensation. This can be achieved either by transferring ownership to form a specific, demarcated path property or by establishing a path easement.

**2.** The right to the newly constructed path is granted to the landowners in accordance with the provisions on co-ownership and is connected with the ownership of the properties with which the owners are involved in the construction. Additional landowners may acquire co-entitlement subsequently by purchasing.

**3.** The provisions concerning land improvements remain reserved.

1. The usual winter routes, subject to opposing practices or contracts, should generally only be used on ice or frozen ground. In cases of urgency, and when no other suitable route is available, travel over snow-free and unfrozen ground may exceptionally take place from mid-February to March 1st. If this results in significant damage to the landowner, compensation must be provided.

1. Property owners are obliged to permit public survey markers on their properties or at their boundaries.

2. Any disputes concerning cultivation damage shall be conclusively assessed by the official appraisers.

1. **Every Landowner is Obliged to Cooperate**

Every landowner is obliged to cooperate at the request of his neighbor in establishing an uncertain boundary or when placing boundary markers (Art. 669).

2. **Preservation and Reestablishment of Boundary Markers and Lines**

To preserve existing boundary markers and boundary lines, or to reestablish them, any landowner may request the involvement of the sole judge at the regional court. The judge shall summon all neighboring boundary owners involved, as well as a surveyor if necessary, for an on-site inspection. He shall record a protocol, particularly noting the outcome of the negotiation. The protocol must be signed by him and the participants of the negotiation. The boundary determination established in this manner is binding for all duly summoned parties, subject to proof of its inaccuracy, including for those who unjustifiably failed to comply with the summons.

3. **Appeal Process**

The process for appeals is governed by the Code of Civil Procedure.

1. For cadastral surveying and boundary adjustment in land register surveying, the federal and cantonal regulations shall be authoritative.

3. The government may regulate the administration of public archives by means of ordinances. It is authorized to take measures to make the archives of municipalities, corporations, and public-law institutions accessible to research.

1. If in winter or during very dry weather the public or private wells suffer from a lack of water, everyone is entitled to use the nearest well for household needs and watering livestock, as long as this can be done without significant disadvantage.

2. In this case, the user is obligated to contribute reasonably to the cleaning and, in case of prolonged shared use, also to the maintenance of the well.

**1. The Diversion or Alteration of the Flow of a Spring or Other Private Waters, as well as Groundwater, Requires Approval from the Government in the Following Cases:**

1. If and insofar as the water has been used and is necessary for the agricultural, domestic, or commercial needs of the inhabitants of a city, village, or hamlet, or a larger circle of adjacent landowners;

2. If the water is essential for maintaining the fertility of the soil in a larger area;

3. If it negatively impacts the water level or flow of a public water body in a significant way;

4. If the diversion is to occur across the cantonal border.

**2. For Reasons of Public Welfare, the Government May Refuse Approval or Impose Safeguarding Conditions.**

**3. This Article Also Applies to Public Waters, Subject to Contrary Provisions of Public Law.**

1. Streams that are demonstrably privately owned belong to the owners of the properties they touch. No owner may alter their course to the detriment of another co-entitled party. Owners are obliged to release excess water to the owners of other properties as far as it is necessary for their cultivation, particularly for irrigation purposes.

2. Existing legal relationships that differ from this are reserved.

1. Owners of medicinal springs may neither arbitrarily impair them nor excessively hinder their use.

2. In the event of a dispute, the government shall decide.

1. The land gained through a watercourse correction becomes the property of the public authority that carried out the correction (Art. 659).

1. The Allocation of Ownerless Natural Objects or Antiquities of Significant Scientific Value is Governed by the Provisions of the Cantonal Nature and Heritage Protection Act (Art. 724).

1. Land without another owner belongs to the political municipality (Art. 664).

1. Bodies of water not demonstrably held in private ownership (rivers, lakes, streams), roads, and squares are classified as items for public use.

2. They are to be regarded as the property of the political municipality, subject to the roads belonging to the state.

3. Springs of such magnitude that their flow has the character of a stream or river from the outset are considered equivalent to rivers and streams.

4. When bodies of water or roads separate the territory of two municipalities, it is presumed that their center forms the boundary between the territories and the property of the two municipalities.

1. Items for common use may be freely used by anyone within the framework of existing regulations.

2. As long as these items serve the common use, special usage rights against the community can only be acquired through a concession. Appropriation or acquisition by prescription is excluded.

1. Groundwater resources are considered public waters if, due to their spatial extent, thickness, significance for the water balance, and lack of relation to a specific property or property complex, they are regarded similarly to surface waters outside the realm of private law.

2. The extraction of water from such bodies of water is permitted without a license for agricultural needs up to 100 liters per minute, and for domestic and commercial needs up to 50 liters per minute.

3. Provisions regarding water protection remain reserved.

1. The grazing rights, in case of doubt, can only be exercised with the livestock that has been wintered with the fodder from the dominant property.

2. The servient owner is entitled, despite the existence of the servitude, to take the necessary measures for the cultivation of their property. If the entitled party is significantly harmed as a result, they can claim for damages.

1. The burdened party is entitled to redeem the grazing rights against full compensation.

2. The provisions of the forestry legislation concerning redemption for forestry regulatory reasons remain reserved.

1. If a municipality or cooperative has grazing rights on land belonging to another municipality or cooperative, the entitled corporation is only obliged to tolerate the redemption if a portion of the encumbered property corresponding to the grazing rights is transferred to them as property.

2. The same claim also applies to private alpine property owners who require a snow refuge for their livestock.

1. The right to afforest or exploit timber must only be exercised within the limits prescribed by forestry regulations. If it becomes necessary to significantly restrict timber use due to mismanagement, the culpable party must either defer to the disadvantaged party in timber use until the latter can exercise their right without limitation, or compensate them, depending on the circumstances.

1. The obligated party is entitled to redeem timber rights by either paying the beneficiary the corresponding monetary value or transferring ownership of a portion of the encumbered forest to them, at the choice of the beneficiary.

2. The provisions of forestry legislation are reserved.

1. Forest usage rights may only be exercised in accordance with forestry police regulations.

2. For the redemption of these rights, Article 126 of this law shall apply mutatis mutandis.

1. The use of common land rights shall, where they exist, be exercised in such a manner that the burden on the affected land complexes is distributed as evenly as possible. The mode of operation shall not be unjustly extended by any individual through a change in methods. The municipality is responsible for issuing the regulations necessary for the implementation of these principles.

2. The redemption of common land rights on private properties is guaranteed.

3. Each municipality may decide on the purchase of freedom from common rights for its area or, where special reasons exist, for only a part of it. As long as the general purchase has not been completed, it is the responsibility of those who have purchased freedom to protect their relieved lands by fencing or herding against general grazing.

4. Owners whose properties have been released from common land rights can be excluded by the municipality from participating in grazing with the portion of their livestock that corresponds to the reduction of the land subject to grazing due to the redemption.

5. In municipalities where the common land rights serve the public good, they can be introduced with the approval of the government, unless and insofar as they have not been abolished or redeemed through purchase. The government's decision is final. The introduction can only be decided with the consent of two-thirds of all landowners who own at least two-thirds of the land subject to grazing.

1. The provisions of the Swiss Civil Code regarding the unilateral cancellation of mortgage rights (Art. 828 and 829) are applicable.

1. A statutory lien for public law claims exists on the affected property only if provided by cantonal law. The lien takes precedence over other liens only in the cases specified by law.

2. Liens that take precedence over all others have equal rank among themselves. The remaining statutory liens are ranked according to the order of their establishment.

**1. A statutory lien exists:**

1. For the value appreciation, property transfer, and real estate taxes attributable to properties levied by the canton, municipalities, and other public-law bodies;

2. For the costs of substitute performance by the municipality and the canton in accordance with Article 73 paragraph 3, Article 79 paragraph 4, Article 84 paragraph 3, and Article 94 paragraph 3 of the cantonal Spatial Planning Act[39];

3. For the value-added charges assessed by the municipalities based on Article 19m of the cantonal Spatial Planning Act;

4. For the repayment claims of the canton pursuant to Article 11 of the Act on the Promotion of Housing[40].

**2. A lien having priority over all other liens exists:**

1. For the premiums owed by the property owner to the building insurance institution;

2. For the contributions attributable to properties and buildings for public enterprises (river corrections, torrent control, traffic infrastructure, water supply, sewers, electrical installations, district planning, land reallocation, and similar), excluding recurring usage fees;

3. For the contributions owed by the property owner in accordance with Article 33 of the Melioration Act[41].

1. The statutory lien arises with the public law claim, but it lapses if it is not entered into the land register within two years from the due date. For the increase in value assessed with income, profit, or surcharge tax, as well as for property tax, the deadline is two years.

2. Legal suspension, deferral, or contestation of the claim to be secured does not suspend the running of the deadlines.

3. If the claim is extinguished through payment, prescription, waiver, or otherwise, the lien is in any event also extinguished.

4. Liens that have not yet been registered are forfeited after the expiration of five years from the end of the calendar year in which the facts giving rise to the claim occurred.

1. Anyone asserting a statutory lien or wishing to prevent its extinction through registration in the land register must issue a contestable lien order.

2. This must be briefly justified and, in particular, must specify the lien owner, the lien object, the secured claim including interest and costs, the debtor of the public claim, and the calculation basis of the claim, and must include instructions on legal remedies; if applicable, registration in the land register must be ordered.

3. The entitled party may order a notice of a provisional registration in the land register before hearing the affected parties. In this case, the lien order must be issued within a peremptory period of 60 days from the provisional registration.

4. The lien order is subject to the same objection and contestation possibilities as the secured claim. The lien owner, if not identical with the debtor, must be granted access to the files, insofar as necessary.

1. The notation and registration of the right of pledge shall be deleted with the consent of the entitled party or by order of the judge.

2. Anyone who asserts a legally protectable interest may demand the deletion of the right of pledge. If the entitled party refuses to consent to the deletion in whole or in part, they must issue an appealable decision within 30 days.

1. The Grand Council is responsible for issuing a regulation on livestock pledging, in which the districts and officials are specified.

2. The government is responsible for issuing a regulation on the operation of the pawnshop and second-hand goods trade.

1. Each municipality forms a land registry district.

2. The government may combine multiple municipalities into one land registry district.

3. The decisions of the government are final.

1. The land registry system is subject to the technical and administrative supervision of the canton.

2. The supervisory and technical authority may issue directives within the scope of their supervisory powers.

3. The technical authority conducts regular inspections of the land registry offices' record-keeping at their expense.

1. The land registry administrators and their deputies are elected by the land registry district.

2. Only individuals possessing a certificate of competence are eligible. The supervisory authority may grant exceptions.

3. The supervisory authority issues the certificate of competence or recognizes equivalent certificates.

1. Employees of the Land Registry Offices are obligated to maintain confidentiality.

1. The incompatibility and recusal grounds of the Notaries Act are applicable to registrars and their deputies.

2. In the presence of a ground for recusal, the affected person shall withdraw ex officio or upon request.

3. If both the registrars and their deputies are simultaneously recused, the supervisory authority shall appoint an extraordinary deputy.

4. In case of disputes regarding recusal, the supervisory authority shall decide.

1. Subject to contrary provisions, the Administrative Procedure Act applies to the appeals process.

1. Appeals against decisions of the Land Registry Office may be lodged with the supervisory authority.

2. Decisions on appeals made by the supervisory authority may be further appealed to the Higher Court within 30 days. Exceptions are decisions regarding fees. The procedure is governed by the Code of Civil Procedure.

1. The government sets the fees for registrations in the land register and other services of the land registry office.

2. The fees are determined based on the effort and significance of the transaction. They amount to a maximum of 20,000 francs in individual cases.

3. The land registration fees accrue to the land registry district.

1. Ownerless and public properties are to be entered into the land register.

2. Ownerless and public properties of the political municipality can be entered into the land register based on a declaration of entry.

1. Restrictions on property ownership for a specific parcel of land imposed by cantonal and municipal public law, which impose a permanent limitation on use and disposal or a land-related obligation on the owner, shall be recorded in the land register.

1. The records of the paper land register must be stored in a practical and suitable manner.

2. The main ledger sheets and documents must be scanned electronically and secured.

1. The supervisory authority orders the public regularization procedure upon application by the land registry office and designates the affected area.

2. The land registry office reviews, together with the parties involved, the easements as well as the pre-notations and annotations concerning their current legal and factual significance and creates for each property a register of the regularized or unchanged existing as well as the easements, pre-notations, and annotations to be deleted.

3. After the completion of the regularization tasks, the land registry office issues the register.

4. The costs of the public regularization procedure are borne, half by the affected property owners and half by the municipality.

1. The maintenance of the land register using information technology (computerized land register) is permitted.

1. The land registry districts provide their land registry data for the establishment and operation of approved electronic information systems.

1. The specialized authority grants individuals or institutions authorized under federal law the right to electronic access through the retrieval process based on special agreements.

2. It ensures compliance with federal data protection regulations and immediately revokes access rights in cases of misuse in obtaining or processing the data.

3. Property owners may request access to the records concerning their properties from the specialized authority upon written application.

1. The canton makes the data from the main register, which can be accessed without proof of interest, electronically available to the public.

2. Only queries related to specific real estate properties are permitted. The information system must be protected against batch queries. Access is automatically logged, and the logs are retained for one year.

3. Property owners may request access to the logs concerning their properties in writing to the designated office.

4. The designated office regularly reviews the access statistics and takes measures in cases of misuse.

1. Electronic Commerce for Land Registry Offices is Permitted.

1. For the safeguarding of data in the computerized land register, including electronic documents, the supervisory authority shall issue a data security concept that corresponds to the federal criteria catalogue and is binding for the land registry offices.

2. For long-term preservation, the land registry districts shall annually provide the federal government with the entire inventory of legally binding and deleted data from the main register, following the instructions of the specialist department.

1. The Introduction of the Federal Land Register Aims to

a) ascertain the rights not previously recorded in the cantonal land register systems;

b) review the registered rights and transfer them in a regularized manner into the federal land register;

c) delete rights that cannot be registered and those that are extinct.

1. The supervisory authority determines the commencement and applicable area of the introduction procedure.

2. It may order the sequence and time frame within which the municipalities must establish the land register.

1. The municipality commissions the land registry office with the introduction of the land register.

2. The land registry office issues a notice for the registration, amendment, or deletion of rights and rectifies them. If the introduction of the land register is based on the acquisition of property through land consolidation, the notice and further rectification of the rights may be omitted.

3. The land registry office publishes the completion of the land register following the conclusion of the rectification works.

4. Disputed cases are submitted to a conciliation commission. If the conciliation negotiations are unsuccessful, the commission requests the supervisory authority to assign the role of plaintiff for civil proceedings.

1. The Land Registry Office notifies the competent department of the completion of the land registry setup, which verifies its accuracy.

2. Upon the request of the competent department, the supervisory authority enacts the federal land registry.

3. The Land Registry Office announces the enactment, with reference to the good faith protection of the federal land registry.

1. The costs of land register implementation shall be borne equally by the involved property owners and the municipality.

1. Until the introduction of the federal land register, the existing real estate and servitude registers, as well as the purchase and mortgage protocols, are to be continued.

2. For the establishment and maintenance of the cantonal land register facilities, the provisions regarding the establishment and maintenance of the federal land register are analogously applicable. The real estate and servitude registers may be maintained using information technology.

1. Termination of the Family Entail

1. by the extinction of the entitled lineage;

2. by agreement or waiver of the parties involved;

3. by the unintentional destruction of the assets designated for the entail;

4. by the inability of the foundation holder or their estate to replace the depleted value of the entail.

2. If the entail terminates due to the extinction of the entitled lineage, it devolves, subject to contrary provisions in the foundation deed, to the intestate heirs of the founder in accordance with the principles of statutory succession.

1. The Matrimonial Property Register is maintained at the Commercial Register Office. It keeps records concerning the retention of the property regime in accordance with Article 9e paragraph 1 of the Transitional Provisions and the submission under the new law in accordance with Article 10b paragraph 1 of the Transitional Provisions.

1. The new creditors of a spouse, who, after the entry into force of the new marital property law on October 5, 1984, lives under the marital property regime of community of property, can request the order of separation of property from the single judge at the regional court if they have suffered a loss in the debt enforcement proceedings against the spouse aimed at sequestration (Art. 115 and 149 DEBA).

1. The wife, who lives under the regime of community of property after the enactment of the new marital law on October 5, 1984, may request an order for the securing of her contributed assets from the single judge at the regional court if the husband refuses to do so.

2. The provisions concerning the marital protection procedure shall apply.

1. If a surviving spouse lives with the common children after the entry into force of the new marital property law on October 5, 1984, under a continued community of property, creditors who have incurred a loss in debt enforcement against the spouse or one of the children may request the dissolution of the community of property from the single judge at the regional court. If this dissolution is demanded by the creditors of a child, the other parties involved may request that the child be excluded.

1. The professional guardianships can be operated by a regional association for up to two years after the entry into force of the division of the canton into regions.

1. A statutory lien established under old law shall lapse if it is no longer permissible under new law. If the public-law claim is due at the time this law comes into effect and the lien is also permissible under the new law, it shall lapse if it is not entered into the land register within the deadlines stipulated in Article 132 of this law from the effective date of this law.

1. Deputy land registry administrators who are in office at the time this partial revision comes into effect and do not possess a certificate of competence must submit an application for an exemption permit within three months of the effective date.

1. In municipalities where existing form regulations, with or without supplementation by the Federal Council in the sense of Article 46 SchlT, are declared sufficient, these forms shall have full land register effect.

1. As long as a municipality has neither established the land register according to Article 155 or 156 of this law nor created a substitute in the sense of Article 157 of this law, their property and easement registers or purchase and mortgage protocols shall have the effect of a land register; however, not in favor of a bona fide third party (Art. 48 para. 3 SchlT).

1. The government shall issue the necessary implementing provisions.

1. The provisions of this law also apply to proceedings that are pending at the time of its enactment.

2. The following exceptions and limitations apply

1. The jurisdiction of the instance where a proceeding is pending at the time of enactment shall be determined according to the previous law;

2. The admissibility of an appeal for all decisions communicated after the enactment shall be determined according to the new law.

1. The District President ensures an orderly transfer of the wills and inheritance contracts kept at the district office to the authority responsible for official safekeeping at the domicile of the affected person and communicates this to them. If the domicile cannot be determined, the district remains responsible for safekeeping.

2. If the person is deceased, the District President ensures the forwarding of the will or inheritance contract to the judge responsible for its opening.

1. Upon the adoption of this law by the people, the government shall determine the date of its commencement.

1. As of this date, any enactments that contradict this law, particularly the EGzZGB of March 5, 1944, are repealed.

2. If current enactments refer to provisions that are repealed by this law, the corresponding provisions of this law or the regulations issued under it shall apply.

1. The amendment of laws is regulated in the annex.

2. To the extent that cantonal council ordinances, which do not comply with the provisions of Article 32 paragraph 1 of the Cantonal Constitution, do not align with the partial revision of the Swiss Civil Code of December 19, 2008 (Adult Protection, Personal Law, Child Law), the Grand Council may adapt them by ordinance.