Introductory Act to the Swiss Civil Code (EGZGB) (EGZGB)

1. The law defines the competent authorities for the application of the Swiss Civil Code (ZGB) and the Code of Obligations (OR) and designates or regulates the applicable procedures.

2. It contains the provisions reserved for cantonal law by the ZGB and the OR.

3. Specific cantonal enactments that serve the implementation and supplementation of the ZGB and the OR are reserved.

1. Jurisdiction of the Judicial Authorities

The jurisdiction of the judicial authorities is determined by the Swiss Code of Civil Procedure of December 19, 2008 (CPC), the Law on the Organization of Courts and Authorities in Civil, Criminal, and Administrative Judicial Procedures (Judiciary Act) of May 10, 2010 (JusG), and the Law on Administrative Justice of July 3, 1972 (VRG).

1. Unless otherwise provided in this law, the procedure before the civil judicial authorities shall be governed by the Code of Civil Procedure (ZPO), and before the Cantonal Court by the Administrative Procedure Act (VRG).

1. The Executive Council is responsible for the issuance of standard employment contracts (Art. 359a para. 1 and 360a para. 1 of the Code of Obligations) and for the establishment of the tripartite commission (Art. 360b para. 1 of the Code of Obligations).

2. The department or office designated by it is responsible in the following cases

a. Approval for livestock pledge transactions (Art. 885 para. 1 of the Civil Code),

b. Approval for the operation of the pawnbroking business (Art. 907 para. 1 of the Civil Code),

c. Request for the execution of donation conditions that are in the interest of the canton or several municipalities (Art. 246 para. 2 of the Code of Obligations),

d. Approval for the professional mediation of marriage or partnership for persons or to persons abroad (Art. 406c para. 1 of the Code of Obligations),

e. Approval for the issuance of warehouse receipts (Art. 482 para. 1 of the Code of Obligations),

f. State recognition of benefice institutions and the approval of benefice terms (Art. 522 para. 2 of the Code of Obligations),

g. Approval of the regulations of benefice institutions (Art. 524 para. 3 of the Code of Obligations),

h. Fine order due to unauthorized issuance of warehouse receipts (Art. 1155 para. 2 of the Code of Obligations).

1. The Department of Justice and Security is responsible in the following cases

a. Authorization of name change (Art. 30 para. 1 and 2 Swiss Civil Code),

b. Lawsuits for the dissolution of an association if its purpose is unlawful or immoral (Art. 78 Swiss Civil Code),

c. * Lawsuit for annulment of marriage or registered partnership (Art. 106 Swiss Civil Code and Art. 9 of the Partnership Act),

d. * Procedures for the adoption of children (Art. 264 Swiss Civil Code and Art. 316 para. 1bis Swiss Civil Code) and decision on adoption (Art. 268 para. 1 Swiss Civil Code),

e. Authorization of marriage for foreigners without residence in Switzerland (Art. 43 para. 2 Swiss Federal Act on Private International Law and Art. 163 Civil Status Ordinance).

1. The Central Switzerland BVG and Foundation Supervisory Authority is responsible in the following cases

a. Supervision of foundations that, according to their designation, belong to the canton or several municipalities (Art. 84 para. 1 Civil Code),

b. Amendment of the organization or purpose of a foundation (Art. 85 and 86 para. 1 Civil Code) as well as determination of the unattainability of the purpose (Art. 88 para. 1 Civil Code),

c. Supervision of occupational pension foundations, particularly of employee welfare foundations (Art. 89bis Civil Code).

1. The municipal council or the office designated by it within the municipal administration is responsible in the following cases

a. Supervision of foundations that belong to the municipality by their designation (Art. 84 para. 1 CC),

b. Contestation of the acknowledgment of paternity for the residence or the hometown municipality of the husband (Art. 259 para. 2 no. 3 and Art. 260a para. 1 CC),

c. Taking on the role of defendant in paternity suits according to Article 261 paragraph 2 CC,

d. Contestation of adoption for the residence or the hometown municipality (Art. 269a para. 1 CC),

e. Receipt of notification concerning imprisonment (Art. 371 para. 2 CC),

f. Request of the hometown municipality for a declaration of disappearance (Art. 550 para. 1 CC),

g. Prohibition of entering forests and meadows and the picking of wild-growing berries, mushrooms, etc. (Art. 699 para. 1 CC),

h. Approval of the auction of found items (Art. 721 para. 2 CC),

i. * Deposit of payments concerning mortgage deeds and bonds (Art. 851 para. 2 CC),

k. Request for the execution of obligations attached to donations that are in the interest of the municipality (Art. 246 para. 2 CO).

l. * Issuance and revocation of permits for foster children in family care (Art. 316 CC and Art. 4 and 11 of the Ordinance on the Placement of Children in Foster Care and for Adoption dated October 19, 1977, PAVO),

m. * Receipt of notifications regarding the placement of foster children in day care (Art. 12 PAVO),

n. * ...

o. * Designation of the supervising person (Art. 10 PAVO),

p. * Supervision of family and day care (Art. 10 and 12 para. 2 PAVO).

2. The municipal council may transfer the fulfillment of the tasks according to paragraph 1l-p to a suitable agency outside the municipal administration.

3. ...

1. The Partition Authority consists of the Mayor of the Municipality (Chair) and another member designated by the Municipal Council. The Municipal Council may delegate the chairmanship to another member of the Municipal Council.

2. The Partition Authority is responsible in the following cases

a. Ordering and recording the inventory in the event of the establishment of substitute heirs and ordering the administration of the estate (Art. 490 Para. 1 and 3 of the Swiss Civil Code),

b. Safekeeping of testamentary dispositions (Art. 504 and 505 of the Swiss Civil Code),

c. Notification of the appointment of an executor (Art. 517 Para. 2 of the Swiss Civil Code),

d. Supervision of executors (Art. 518 of the Swiss Civil Code),

e. Ordering and conducting the securing of the inheritance, opening of the will, issuance of the certificate of inheritance (Art. 551-559 of the Swiss Civil Code),

f. Acceptance of the declaration of renunciation of inheritance and ordering further measures (Art. 570, 574-576 of the Swiss Civil Code),

g. Ordering and recording the public inventory (Art. 580-585 of the Swiss Civil Code, §§ 74 ff.),

h. Request for declaration on the acquisition of the inheritance and granting of an additional deadline (Art. 587 of the Swiss Civil Code),

i. Ordering and conducting the official liquidation (Art. 593-596 of the Swiss Civil Code),

k. Appointment of representation for the community of heirs (Art. 602 Para. 3 of the Swiss Civil Code),

l. Involvement in the division of the inheritance (Art. 609 of the Swiss Civil Code, § 77),

m. Involvement in the drawing of lots (Art. 611 Para. 2 of the Swiss Civil Code),

n. Ordering the auction of inherited items (Art. 612 Para. 3 of the Swiss Civil Code),

o. Decision on the sale or assignment of particular items (Art. 613 Para. 3 of the Swiss Civil Code).

3. The Municipal Council may delegate the execution of the tasks pursuant to paragraph 2 to a department of the municipal administration.

1. Unless otherwise provided by this law, the procedure before the administrative authorities shall be governed by the VRG.

1. Appeals against decisions of the administrative authorities based on this law may be lodged with the Cantonal Court in the form of an administrative court appeal (§§ 156 ff. VRG). The Cantonal Court also has the authority to review discretionary decisions.

2. Denial of justice or delay of justice can be contested by filing a complaint according to § 128 paragraph 4 VRG.

3. The provisions of the VRG shall apply mutatis mutandis to the proceedings before the Cantonal Court.

4. Special provisions of this law concerning legal protection remain reserved.

1. The supervisory complaint is admissible against the administrative and judicial authorities responsible under this statute, with the exception of the Cantonal Court as a full authority.

2. ...

3. The appellate instance is the ordinary legal remedy instance.

4. Otherwise, the provisions of §§ 180 ff. of the Administrative Procedure Act (VRG) shall apply to the procedure.

1. The public announcements, notices, and notifications required by the Swiss Civil Code, the Swiss Code of Obligations, or this Act shall be published in the Luzerner Kantonsblatt.

2. The competent authority shall determine how frequently the publication should occur and whether other publication organs should also be included.

3. Special provisions in the Swiss Civil Code or the Swiss Code of Obligations remain reserved.

1. The police may expel a person from the shared residence and its immediate vicinity and prohibit them from entering it for up to 20 days if they seriously endanger another person or threaten serious danger.

2. The expulsion and prohibition of entry may apply to other specifically designated locations, particularly the workplace or educational institution of the endangered person.

1. The police issue the evicted person with the measure through a written order. The evicted person has the right to make a verbal statement beforehand.

2. The order takes immediate effect and specifies

a. the locations to which the eviction and the ban on entry apply,

b. until when the ban on entry is valid.

3. The order indicates

a. the consequences of disregarding the order,

b. that the ban on entry can be extended according to § 13i,

c. the counseling and therapy services available,

d. that this information will be forwarded to counseling centers,

e. that the order can be appealed according to § 13d.

4. The evicted person must provide the police with a delivery address.

**1. The Police Inform the Endangered Person**

a. about the content of the order,

b. about suitable counseling services,

c. about their legal options, particularly regarding the petition to the civil court according to § 13i.

**2. Notification of Adult Protection Measures**

If adult protection measures appear warranted, the police report the expulsion and restraining order to the child and adult protection authority responsible for the expelled person's place of residence, and in urgent cases, to the authority responsible for the place of stay.

**3. Transmission of the Order**

The police transmit the order to one counseling center for expelled persons and one for endangered persons.

1. The expelled person may appeal to the compulsory measures court within five days from the notification of the police order.

2. The court establishes the facts ex officio.

3. It decides within four working days.

4. It communicates the decision in writing to the parties as well as to the police, the public prosecutor, and, if necessary, the child and adult protection authority.

1. The responsible public prosecutor may issue an order requiring the expelled person to complete a specified number of counseling hours on handling violence. The police are entitled to apply.

2. The expelled person may appeal the order of the responsible public prosecutor to the coercive measures court.

1. The Department of Justice and Security designates specialized counseling centers for evicted and endangered individuals.

2. Upon receipt of the police order, the counseling centers promptly contact the evicted and endangered individuals.

3. If a person does not wish to receive counseling, the counseling center destroys the police order.

1. The initial consultation of the evicted person within the framework of voluntary counseling is funded by the state for a duration of two hours.

2. The coverage of costs for the counseling of the endangered person is carried out according to the rules of victim counseling.

1. The provisions of the Administrative Procedure Act (VRG) apply mutatis mutandis to the procedure.

2. Decisions of the Coercive Measures Court may be appealed to the Cantonal Court through an administrative court complaint (§§ 156 et seq. VRG).

1. The endangered person may, within 20 days from the issuance of the police order, request the civil court to impose protective measures in accordance with Article 28 ff., 175 ff. of the Swiss Civil Code or Article 276 of the Swiss Civil Procedure Code of 19 December 2008 (CPC). Upon receipt of the application, the jurisdiction of the compulsory measures court ends.

2. The expulsion and prohibition of entry are extended with the submission of the application until the decision of the civil court, for a maximum of ten days. They lapse if the civil court has definitively ordered civil measures.

3. The civil court shall inform the police, the public prosecutor's office, and, if necessary, the compulsory measures court of the receipt of the application and its decisions.

1. Each local municipality constitutes a civil status district with a civil registry office.

2. Two or more local municipalities can, with the approval of the government council, merge into a civil status district.

3. The government council may order the consolidation of civil status districts to meet the employment requirements prescribed by federal law for individuals working in the field of civil status.

1. The municipal clerk or secretary administers the civil registry office.

2. The municipal council may delegate the management of the civil registry office to another employee of the municipal administration.

3. The municipal council regulates the deputy arrangements.

4. The person who administers the civil registry office is a civil registrar within the meaning of the Swiss Civil Code.

1. The Department of Justice and Security is the cantonal supervisory authority in matters of civil status.

2. It decides on appeals against civil registry offices.

3. Appeals against decisions of the Department of Justice and Security can be lodged with the Cantonal Court through an administrative court appeal (§§ 156 et seq. VRG). The Cantonal Court also has the authority for discretionary review.

1. Public-law cooperatives fulfill public tasks according to the provisions of the legal order.

2. They acquire legal personality with the approval of their statutes by the competent department.

1. The statutes must contain at least provisions regarding

a. Name and registered office,

b. Purpose,

c. Membership,

d. Organization,

e. Resources and liability,

f. Amendment of the statutes,

g. Dissolution.

2. Any amendment to the minimum content of the statutes requires the approval of the competent department.

1. Insofar as the statutes contain no provisions, the regulations of cantonal public law and the provisions of association law (Art. 60 et seq. Swiss Civil Code) shall apply mutatis mutandis.

1. Upon acquiring legal personality, public-law cooperatives obtain the right to issue decisions and to enforce them using administrative coercion within the scope of responsibilities established by the legal system (§§ 209 ff. VRG). Substitute performance and the application of direct force are governed by §§ 212 ff. VRG.

1. The dissolution of a public-law cooperative requires the approval of the competent department.

2. Approval is particularly to be granted if the tasks have been fulfilled or have become obsolete, or are being assumed by other bodies.

3. Reserved is the dissolution ex officio by the competent department if the tasks are not being fulfilled at all or are not being fulfilled adequately.

1. Appeals against decisions of public-law corporations are admissible to the responsible department.

2. Legal protection against decisions of the department is governed by the legal remedies provisions of the Administrative Jurisdiction Act (VRG).

3. Special provisions on legal protection remain reserved.

1. Common Grazing Cooperatives and Similar Entities According to Article 59 Paragraph 3 of the Swiss Civil Code Acquire Legal Personality with the Approval of the Statutes by the Municipality.

1. The content of the statutes is governed by § 18 paragraph 1.

2. Any amendment to the minimum content of the statutes requires the approval of the municipality.

3. Insofar as the statutes do not contain regulations, the provisions of association law (Art. 60 et seq. ZGB) apply mutatis mutandis.

1. Legal Protection Against Decisions of the Municipality

Legal protection against decisions of the municipality is governed by the appeal provisions of the Administrative Procedure Act (VRG).

1. Appeals against decisions of the municipality or the Central Swiss BVG and Foundation Supervision can be submitted to the Cantonal Court by way of an administrative court complaint (§§ 156 et seq. VRG). The Cantonal Court also has the authority to exercise discretion.

2. The provisions regarding legal protection in matters of occupational retirement provision under federal legislation are reserved.

1. If the legal representative refuses to consent to the marriage or the registration of the partnership, the affected person may appeal to the district court responsible for their place of residence within 20 days.

1. The government council establishes cantonal marriage and family counseling centers or assigns this task to one or more suitable private institutions. It may grant these centers service mandates.

2. The canton may participate in or financially support private marriage and family counseling centers.

1. The Commercial Register and State Archives Office is responsible for the maintenance of the Property Law Register and for granting access to the register in accordance with Article 10e paragraph 2 of the Final Title of the Swiss Civil Code (ZGB).

1. The enforcement of child and adult protection law is the responsibility of the municipalities.

1. Municipalities organize themselves into child and adult protection districts, each with its own child and adult protection authority.

2. A child and adult protection district encompasses the territory of one or more municipalities.

3. The cooperation of the municipalities is governed by the provisions of the Municipalities Act of May 4, 2004. The municipal council is responsible for definitively regulating cooperation with other municipalities within its own competence.

1. The Child and Adult Protection Authority fulfills all tasks assigned to it by federal law and cantonal law.

2. The Child and Adult Protection Authority of the district in which the affected person has their residence is locally competent, unless the Swiss Civil Code provides otherwise.

1. The Child and Adult Protection Authority is a professionally composed interdisciplinary authority. It consists of at least three members and any substitute members.

2. If a Child and Adult Protection Authority is composed of five or more members, it may be divided into departments with decision-making powers.

3. The seat of the Child and Adult Protection Authority is determined by the competent community.

1. The members of the authorities possess an education or further training specifically in the disciplines of law, medicine, psychology, education, or social work, or have several years of professional experience in child and adult protection.

2. They are appointed by the competent community.

3. Substitute members can also be appointed from members of other child and adult protection authorities.

1. Each Child and Adult Protection Authority is supported in fulfilling its duties by a secretariat.

2. The Child and Adult Protection Authority may involve additional persons to fulfill its duties, in particular to ascertain the facts.

1. The Child and Adult Protection Authority may systematically use the AHV insurance number for the fulfillment of its statutory duties.

1. Any natural person who is personally and professionally suitable for the intended tasks and who can allocate the necessary time and personally fulfill the tasks can be appointed as an assistant or guardian.

2. The duties of the assistant or guardian are determined according to federal law and the orders of the Child and Adult Protection Authority.

1. The municipalities shall create the conditions for an adequate number of professional guardians and custodians.

1. The guardian or legal representative is entitled to appropriate remuneration and reimbursement of necessary expenses. Remuneration and expense reimbursement shall be paid from the assets of the protected person. In the case of a professional guardian or legal representative, the remuneration and expense reimbursement fall to the employer.

2. If the remuneration and expense reimbursement cannot be paid from the assets of the protected person, these costs shall be borne by the community obligated to provide support.

3. The government council regulates the amount of remuneration and reimbursement of expenses.

1. The Child and Adult Protection Authority supervises the mandate execution of guardians and deputies.

2. It may issue directives.

1. The Child and Adult Protection Authority may order outpatient measures, specifically to avoid or terminate a welfare placement.

2. Outpatient measures may include, in particular, the following obligations

a. to report to an authority or specialist agency,

b. to regularly seek professional advice or support or to undergo therapy,

c. to refrain from consuming alcoholic beverages and other addictive substances,

d. to undergo medical examination and treatment.

3. Outpatient measures are to be terminated once their purpose has been fulfilled. They expire at the latest two years after they have been ordered.

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

1. Compulsory placement may be ordered

a. by the Child and Adult Protection Authority,

b. by doctors licensed to practice independently in Switzerland for a maximum of six weeks if there is imminent danger,

c. by the medical director of the facility for a maximum of three days (retention).

2. The decision on discharge is made by

a. the Child and Adult Protection Authority, if it ordered the compulsory placement,

b. the facility, if a doctor ordered the compulsory placement or the medical director of the facility ordered the retention.

1. If the institution deems placement necessary for longer than six weeks, it shall file an application with the Child and Adult Protection Authority for the continuation of the measure.

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

1. The Child and Adult Protection Authority shall review for the first time after six months whether the conditions for a protective placement are still met and whether the facility remains appropriate.

2. The second review shall follow after another six months, with further reviews taking place at least once a year.

1. The assistance of the police may be utilized for the execution of protective custody.

1. To the extent necessary, the institution ensures appropriate aftercare for the affected person in a timely manner prior to discharge.

2. The institution may apply to the competent authority for personal social assistance, measures under child and adult protection law, or outpatient measures.

1. Any person may report to the Child and Adult Protection Authority or the municipality if an adult or a child appears to be in need of assistance.

2. Employees of the canton, municipalities, and private institutions in the fields of education, care, and nursing, who become aware of the need for assistance of an adult or a child in the course of performing their professional duties, are obligated to report and provide information.

3. Provisions concerning professional secrecy remain reserved.

1. Insofar as federal law or this Act does not provide otherwise, the procedure shall be governed by the VRG.

2. The personal hearing of the affected person is generally conducted by the member of the authority leading the proceedings. Where special circumstances justify it, the hearing can be delegated to another suitable person.

3. In the case of a custodial placement for care purposes, the Child and Adult Protection Authority generally hears the affected person as a panel.

1. The Child and Adult Protection Authority generally decides in a panel of three.

2. The president conducts the proceedings. The conduct of proceedings can be delegated to another member.

**1. In Child or Adult Protection Proceedings, a member of the Child and Adult Protection Authority decides on:**

a. * Determination of the mandate compensation (Art. 404 para. 2 CC),

b. * Inventorying of assets to be managed and creation of a public inventory (Art. 405 para. 2 and 3 CC),

c. * Review and approval or disapproval of account and report (Art. 415 and 425 para. 2 CC),

d. * Change of guardian or deputy guardian (Art. 421 ff. CC),

e. * Transfer or assumption of an existing measure (Art. 442 para. 5 and 444 CC),

f. * Appointment of representation for proceedings before the Child and Adult Protection Authority (Art. 314abis and 449a CC),

g. * Release of professional guardians from official secrecy (Art. 166 para. 1c of the Swiss Civil Procedure Code of December 19, 2008, CCP; Art. 170 para. 2 of the Swiss Criminal Procedure Code of October 5, 2007, CrimPC),

h. * Granting of legal aid and remission of costs (§§ 204 and 205 APC).

i. * ...

j. * ...

k. * ...

l. * ...

m. * ...

n. * ...

o. * ...

p. * ...

q. * ...

r. * ...

s. * ...

**2. In Child Protection Proceedings, a member of the Child and Adult Protection Authority decides on:**

a. * Rearrangement of parental care and custody and approval of a maintenance agreement when parents are in agreement (Art. 134 para. 3 CC),

b. * Consent to the adoption of the warded child and waiver of consent for adoption (Art. 265 para. 3 and Art. 265d para. 1 CC),

c. * Approval of maintenance agreements (Art. 287 para. 1 and 2 CC),

d. * Appointment of a guardian by court order (Art. 298 para. 3 CC),

e. * Order of a guardianship for representation of child's interests (Art. 306 para. 2 CC),

f. * Appropriate measures for child protection and transfer of special powers to the guardian or deputy guardian (Art. 307 para. 3 and 308 para. 2 CC),

g. * Measures to protect the child's assets (Art. 318 para. 3, 320 para. 2, 322 para. 2, 324 and 325 CC),

h. * Order of a representative guardianship for the unborn child to safeguard inheritance rights (Art. 544 para. 1bis CC),

i. * Guardianship for adoption of a child before entry and guardianship after entry in adoption cases (Art. 17 and 18 of the Federal Act on the Hague Adoption Convention and on Measures to Protect the Child in International Adoptions of June 22, 2001, FA-HAC),

j. * Credit of educational allowances (Art. 52fbis of the Ordinance on Old Age and Survivors Insurance of October 31, 1947, OASIO).

k. * ...

l. * ...

m. * ...

n. * ...

o. * ...

**3. In Adult Protection Proceedings, a member of the Child and Adult Protection Authority decides on:**

a. * Validity and effectiveness of a care mandate, suitability of the mandated person, granting of powers, interpretation and supplementation of the care mandate, determination of compensation of the mandated person (Art. 363, 364 and 366 CC),

b. * Consent to legal actions of the spouse within the scope of extraordinary asset management (Art. 374 para. 3 CC),

c. * Determination of power of representation in medical measures and concerning care contracts (Art. 381 and 382 para. 3 CC),

d. * Granting of authority to open mail and authority to enter living spaces (Art. 391 para. 3 CC).

**4. If a procedure is pending before the Child and Adult Protection Authority, it can also decide on matters according to paragraphs 1-3.**

1. Precautionary measures may be ordered in urgent cases by the president or by another member of the Child and Adult Protection Authority.

1. The Child and Adult Protection Authority informs the municipality where the affected person resides about the initiation of proceedings.

2. It may invite the municipality to submit a statement and consult any relevant files available at the municipality.

3. It provides the municipality with decisions regarding the imposition and lifting of measures.

1. The proceedings in child and adult protection are not public.

1. Decisions of the Child and Adult Protection Authority can be challenged by means of an administrative court complaint (§§ 156 ff. VRG) before the Cantonal Court. The Cantonal Court also has the authority to exercise discretional control.

2. When imposing procedural costs, the Cantonal Court may deviate from the distribution principles set out in §§ 198 ff. VRG and distribute them at its discretion.

1. Decisions of the institution, the ordering physician, or the ordering physician's assistant may be appealed to the single judge of the district court at the location of the institution.

2. The following may be appealed

a. the medically ordered placement,

b. the retention by the institution,

c. the rejection of a release request by the institution,

d. the treatment of a mental disorder without consent,

e. measures restricting freedom of movement.

3. If the institution is located outside the canton, the single judge of the Luzern district court has jurisdiction over appeals against decisions pursuant to paragraph 2a; in other cases, the competent court at the location of the institution is responsible.

4. Decisions of the single judge of the district court may be appealed to the cantonal court via an administrative court complaint (§§ 156 et seq. VRG). The cantonal court also has the power of discretionary review.

1. The governing council designates the responsible department or office for supervision in child and adult protection.

2. This department or office also fulfills the duties as the central authority of the canton according to the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults dated December 21, 2007.

1. For children under guardianship (Art. 25 para. 2 of the Swiss Civil Code) and for adults under comprehensive guardianship (Art. 26 of the Swiss Civil Code), the seat of the child and adult protection authority is deemed to be the municipality in which they have their center of life.

1. The costs for adult protection measures are primarily to be borne by the affected individual and secondarily by the community obligated to provide support. The maintenance and support obligations of relatives and kin remain reserved.

2. The costs for child protection measures are primarily to be borne by the parents and secondarily by the community obligated to provide support.

3. If there is a dispute regarding which community is obligated to provide support, the community where the application for cost coverage was first submitted must advance the costs of the measure until the competence is clarified. Such advances are to be reimbursed by the community that is actually responsible.

1. Entry into a care or nursing facility does not establish new jurisdiction regarding the duty of support, particularly concerning the official costs of the Child and Adult Protection Authority as well as concerning compensation and reimbursement of expenses for the guardian or custodian.

1. If a physician orders protective custody following a retention by the medical management of an institution (§ 41 para. 1b and 1c), the competent child and adult protection authority compensates the physician for this.

2. The physician's claim is transferred to the authority responsible for child and adult protection. The physician is released from the duty of official and professional secrecy in connection with the transfer of the claim.

1. The Canton is liable for the damage caused to a person in the context of official measures for child and adult protection due to unlawful actions or omissions (Art. 454 Swiss Civil Code).

2. If the Canton is liable for damage caused by employees of another public entity, that entity shall reimburse it for the compensation and satisfaction payments made, as well as the legal costs imposed on it.

3. Furthermore, the cantonal Liability Act of September 13, 1988, applies to recourse against organizations and individuals.

1. The Cantonal Court decides on jurisdiction disputes between authorities (Art. 444 para. 4 CC).

1. The Government Council designates the offices responsible for addressing the concerns of youth and ensuring effective collaboration among authorities and institutions in the area of civil child protection law, juvenile criminal law, and other youth support services, as outlined in Article 317 of the Civil Code.

2. It issues a children's and youth policy framework. This policy framework provides, in particular, an overview of the children's and youth policy of the Federation and the Canton and identifies the developmental and action needs as well as the focal points of cantonal children's and youth policy.

3. The provision of services for children and youth, such as early childhood education and supplementary family childcare, is the responsibility of the municipalities. The municipalities assess the needs and determine the type of services offered. They may collaborate with private entities and other public bodies. They regulate parental cost-sharing, considering social aspects for services not covered by the Childcare Act (Kinderbetreuungsgesetz, KiBeG) of June 16, 2025.

1. If the deceased leaves no heirs entitled to inherit, the inheritance shall pass two-thirds to the canton and one-third to the municipality of the last place of residence.

1. The partitioning authority must prepare an inventory in every case. The inventory must include a list of the assets and debts of the deceased.

2. Anyone who can provide information about the financial circumstances of the deceased is obliged to provide truthful information. Section 71 paragraph 3 of the VRG is applicable.

1. The division authority orders the sealing of the estate if it deems it necessary or if an heir requests it.

1. The partition authority prepares the public inventory.

2. It may appoint an estate administrator to do so. The appointed person has the same powers as the partition authority.

1. The partition authority administers the estate until the heirs have declared themselves in accordance with Article 588 of the Swiss Civil Code (ZGB).

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

3. Inventory items whose storage would incur disproportionate costs or is associated with significant disadvantages may be auctioned publicly. Perishable goods may also be sold privately.

1. If the inheritance devolves upon the community, the provisions regarding the public inventory shall apply mutatis mutandis.

1. The partition authority must assist in the division of an estate, in addition to the cases mentioned in Article 609, Paragraph 1 of the Civil Code, when

a. an heir demands it,

b. * minors, persons under comprehensive guardianship, or persons whose whereabouts are unknown are entitled to inherit.

1. The appraisals provided for in Article 618 of the Swiss Civil Code (ZGB) and in Articles 17, 18, and 21 of the Federal Act on Rural Land Rights (BGBB) are conducted in accordance with the provisions of the Tax Law of November 22, 1999.

1. The Department of Justice and Security is the supervisory authority over the Division Authority.

2. The Division Authority is the supervisory authority over

a. executors,

b. estate administrators,

c. representatives of heirs.

3. The tasks of the supervisory authority include, in particular, the assessment of complaints against the formal proceedings and business activities of the authorities and bodies mentioned in paragraphs 1 and 2.

4. Decisions on complaints by the Division Authority can be appealed to the Department of Justice and Security. Its decision is final.

1. Appeals against decisions of the Division Authority may be made to the Justice and Security Department through an administrative complaint.

2. Appeals against decisions of the Justice and Security Department may be lodged with the Cantonal Court through an administrative court complaint (§§ 156 et seq. VRG). The Cantonal Court also has the authority to conduct a review of discretion.

1. If land suitable for exploitation is created from ownerless soil through alluvion, infill, ground shifting, changes in the course or state of a public waterway, or in any other manner, it belongs to the canton.

2. The government council may sell such land to third parties.

3. If the canton sells the land, the adjacent property owner has a right of first refusal.

1. Areas with Permanent Land Displacement in accordance with Article 660a of the Swiss Civil Code (ZGB) are designated within the scope of cadastral surveying.

1. The boundary distance is the distance between the boundary and the center of the trunk, for shrubs and hedges of the trunk closest to the boundary, measured horizontally to the boundary on the ground.

2. The boundary distance is

a. 3 meters for tall and 2 meters for low-stemmed fruit trees,

b. 6 meters for walnut, chestnut, and all other tall-stemmed trees,

c. 0.5 meters for dwarf trees, shrubs, green hedges, and vines as well as any plantations opposite a forest.

3. If dwarf trees, shrubs, green hedges, and vines grow higher than 1 meter, the boundary distance must be at least half their height up to 4 meters, and they must be pruned accordingly.

4. If trees, shrubs, green hedges, and vines that are too close to the boundary are tolerated by the neighbor for ten years, they are considered approved and remain protected in their existence, but not in their extent. If approved plants perish, the legal boundary distance must be maintained for new plantings.

5. Provisions of public law to the contrary remain reserved.

1. The property owner is entitled to enter or temporarily use neighboring properties when it is necessary to construct or maintain a building or facility, or to trim trees, shrubs, hedges, or vines.

2. The authorized person must notify the neighbors of the intended action in a timely manner. They must conduct the work with the utmost care and compensate for any potential damage to the neighboring property.

3. In disputes concerning the existence and scope of the neighbor's right of access, the court will decide the matter. Upon request by the property owner, the court may require access rights holders to provide appropriate security.

1. Anyone who lacks adequate access to a public road for transporting timber is entitled to request the granting of a timber transport right from the court in exchange for full compensation. The transport must be conducted with the utmost care.

1. Anyone whose manner of using their property necessitates an enclosure (such as a fence, wall, hedge, and the like) is required to construct and maintain it.

2. If this applies to two adjoining properties, the owners of these properties are required to construct and maintain the enclosures along the shared boundary in equal halves.

1. Statutory Liens of Cantonal Law (Art. 836 Swiss Civil Code) Take Precedence Over Private Liens.

2. They Rank Equally Among Themselves.

1. The department designated by the governing council or the office it appoints is responsible for granting authorization to financial institutions and cooperatives for livestock collateral transactions.

2. The enforcement office at the location of the pledged asset maintains the registration record.

1. The competent district court is the supervisory authority over the debt collection office.

1. The department designated by the Government Council or the office designated by it is responsible for the authorization of pawnshop operations. The authorization is granted only to public institutions of the canton and municipalities or nonprofit enterprises.

2. The Government Council may issue further regulations in accordance with Article 915 of the Civil Code.

1. Publicly-owned land and land serving public use must be recorded in the land register in the same manner as properties under Article 943 of the Civil Code.

2. Public law restrictions on property ownership exist without being recorded in the land register, subject to Article 962 of the Civil Code.

3. Grazing rights (seasonal grazing rights), as cantonal rights, form a part of the land register.

1. The management of the land register by means of information technology and electronic commerce is permitted in accordance with federal law. The Cantonal Court shall regulate the details by ordinance.

2. The land registry administration is obliged to provide the authorities with the notifications required for the performance of their administrative tasks regarding property transactions and land register entries free of charge.

1. The acquisition of ownership of real estate must be published in the Lucerne Cantonal Gazette following the entry in the land register by the Land Registry Administration in accordance with Article 970a of the Swiss Civil Code (ZGB) with the following details

a. Land register,

b. Property number and area; in the case of co-ownership, the share, and in the case of condominium ownership, the value ratio,

c. Type of property and building,

d. Local designation,

e. Name and residence or registered office of the person selling the property,

f. Name and residence or registered office of the person acquiring the property,

g. Date of acquisition by the person selling the property.

2. The following are not published

a. Acquisition through inheritance,

b. Acquisition if the affected area is less than 100 m² and the purchaser's consideration has a value of less than 50,000 Swiss Francs.

3. The costs of publication are borne by the person who causes the registration of the transfer of ownership.

1. The cantonal court or the authority designated by it may order the consolidation of a larger number of easements, priority notices, or annotations pursuant to Article 976c of the Swiss Civil Code (ZGB).

2. The order must be published. Property owners are required to provide information to the authorities upon request.

3. The costs of the consolidation are borne by the canton. In special cases, the costs may be passed on to the property owners.

4. The cantonal court shall regulate further details by ordinance. It may further facilitate the consolidation or issue provisions that deviate from federal law.

1. For the maintenance of the land register, the area of the canton is divided into two land registry districts.

2. The Cantonal Council determines the allocation of municipalities to the land registry districts and the locations of the land registry offices in the districts by resolution of the Cantonal Council.

3. The Cantonal Court regulates the organization of the land registry offices by ordinance.

1. The Cantonal Court exercises supervision over the land register administration in accordance with Article 956, Paragraph 1 of the Swiss Civil Code (ZGB).

1. Fees are levied for land registry transactions.

2. The fees for the registration of ownership and land charges on real estate, as well as for water rights concessions and mines, are collected as mixed taxes.

3. Before registration, payment or security for the fees can be required. The parties are jointly and severally liable for the fees.

**1. The fee is**

a. **for the registration of ownership of real estate, 2 per mille of the contract amount; the fee is calculated based on the cadastral value if the contract amount is lower or not specified,**

b. **for the registration of mortgages or the increase of the mortgage amount, 2 per mille of the respective mortgage amount,**

c. **for the conversion of one type of mortgage to another, in the exchange of the mortgage claim, and in the renewal of the mortgage, 0.25 per mille of the mortgage amount.**

**2. If ownership is transferred during a person's lifetime through a marriage or inheritance contract, by a property contract according to the Partnership Act of June 18, 2004, or through a transfer to the spouse, to the registered partner, or to relatives in ascending or descending line, the fee amounts to half of the rate according to paragraph 1. If the ownership changes as a result of inheritance, the fee amounts to 1 per mille of the cadastral value, but no more than 5,000 francs.**

**3. For the registration of a water rights concession or a mine, the fee is between 100 and 10,000 francs.**

**4. The Cantonal Court shall determine the fees in other cases by ordinance, taking into account the legal and economic significance of the transactions.**

1. For the taxes, a statutory lien exists that takes precedence over other liens by rank for a period of two years from the due date. Subject to Article 836 paragraph 2 of the Swiss Civil Code (ZGB), no entry in the land register is required.

1. Decisions pursuant to Article 956a of the Swiss Civil Code can be appealed to the Cantonal Court through an administrative court complaint. The Cantonal Court also has discretionary control.

2. The Cantonal Court decides appeals concerning land register fees with a single judge if the disputed amount is less than 20,000 Swiss Francs.

3. The provisions of the Administrative Procedure Act apply mutatis mutandis to the proceedings before the Cantonal Court.

1. In the event of a housing shortage, the government council declares the use of the form according to Article 269d of the Swiss Code of Obligations mandatory for new rental agreements throughout the entire canton or parts thereof.

2. If the vacancy rate in the canton is at most 1.5 percent, landlords of residential properties are obligated to use the form provided for in Article 270 paragraph 2 of the Swiss Code of Obligations when concluding a rental agreement.

3. The central statistical office determines the vacancy rate in the canton as of June 1 each year. If the vacancy rate falls below 1.5 percent compared to the previous year, the government council orders the obligation to use the form. If it rises above 1.5 percent, the government council rescinds this obligation. Any respective change in the form requirement applies from November 1 of the respective year.

1. The Department of Justice and Security is the cantonal supervisory authority in commercial registry matters.

1. Decisions of the Office of the Commercial Register and State Archive and the Supervisory Authority may be appealed to the Cantonal Court by means of an administrative court complaint (§ 156 ff. VRG) within 30 days. The Cantonal Court also has the authority to exercise discretional control.

1. The Commercial Register and State Archive Office is authorized to impose administrative fines in accordance with Article 943 of the Swiss Code of Obligations.

1. The Government Council issues the implementing regulations.

2. It regulates, by ordinance, in particular the specifics concerning

a. civil status matters and marriage,

b. supervision of foundations and personnel welfare institutions,

c. jurisdiction and procedure in adoptions,

d. authorization for admitting foster children and supervision of foster care arrangements,

e. * ...

f. * child and adult protection law, notably supervision, inventory taking, accounting, presentation of accounts, and reporting,

g. * ...

h. procedure in inheritance cases,

i. procedure in voluntary public auctions.

1. The following enactments are repealed

a. Law concerning the introduction of the Swiss Civil Code of December 10, 1907, in the Canton of Lucerne dated March 21, 1911,

b. Law concerning the limit of encumbrance for promissory notes dated March 7, 1939,

c. Decree relating to the introduction of the Swiss Code of Obligations dated March 30, 1911/December 18, 1936, and November 29, 1937,

d. Law on the Granting of Vacations (Vacation Law) dated May 9, 1972.

1. The following decrees are amended according to the annex

a. Act on the Organization of Government and Administration (Organization Act) of March 13, 1995,

b. Act on Administrative Judicial Procedure of July 3, 1972,

c. Act on the Care of Adults and Coercive Protective Measures of March 10, 1981,

d. Decree on Land Registry Surveying of February 18, 1930,

e. Act on Court Organization of January 28, 1913,

f. Act on Civil Procedure Code of June 27, 1994,

g. Act on the Protection of Cultural Monuments of March 8, 1960,

h. Act concerning Inheritance Taxes of May 27, 1908,

i. Act concerning the Mining Royalty of March 6, 1918,

k. Introductory Act to the Federal Act on Environmental Protection of March 30, 1998,

l. Introductory Act to the Federal Act on Water Protection of January 27, 1997,

m. Planning and Building Act of March 7, 1989,

n. Act on Fire Protection of November 5, 1957,

o. Building Insurance Act of June 29, 1976,

p. Road Act of March 21, 1995,

q. Act on Water Engineering and Hydropower (Water Engineering Act) of January 30, 1979,

r. Act on the Use of Groundwater of September 14, 1965,

s. Water Supply Act of September 20, 1971,

t. Cantonal Agricultural Act of September 12, 1995,

u. Cantonal Forest Act of February 1, 1999.

1. Public-law or private-law cooperatives that already exist at the time this law comes into effect are recognized as cooperatives under cantonal law, provided that the government council has approved their statutes.

1. The decrees issued in application of Section 99 of the Introductory Act to the German Civil Code (EGZGB) of March 21, 1911, shall remain valid.

1. The Law on Property Transfer and Mortgaging of June 6, 1861, remains in effect insofar as the Swiss Civil Code preserves the existing cantonal law for pre-existing collateral rights.

2. ...

1. In the event of a partial sale or subdivision of properties, the liens encumbering them, established under old law, shall be treated as promissory notes concerning the consequences of the partial sale or subdivision.

1. Upon the cancellation of liens and lien-like titles under Lucerne law, a pledge position is created within the meaning of Article 814 of the Swiss Civil Code (ZGB).

2. ...

1. The government council determines the time of the repeal of §§ 103-107.

1. The jurisdiction of the instance at which a proceeding is pending at the time this law comes into force shall continue in accordance with previous law. The appeal of any decisions shall be governed by the new order.

1. To the extent and as long as the new application and implementation provisions have not been enacted, the previous regulations shall continue to apply, provided they do not contradict this Act.

1. The law shall come into force on January 1, 2002, subject to approval by the federal government. It is subject to an optional referendum.