Act on Property Transfers and Mortgages - 1. Purchase and Exchange Contract

1. If a property is to be transferred from one party to another as a result of a purchase or other contract, an entry and execution, or an appropriate allocation, must be carried out in accordance with the provisions of this law. (§§ 286, 292, 293, 294, and 295 of the Civil Code)

1. All contracts for the purchase or exchange of real estate must be made in writing. (§ 623 of the Civil Code)

2. In official auctions of such properties, the signatures of the parties to the contract are not required.

1. At the conclusion of the contract, unless the buyer explicitly waives this requirement, all encumbrances and complaints associated with a property must either be specifically disclosed to the buyer by name, or the relevant acquisition or encumbrance titles must be presented to the buyer, which should be noted in the purchase contract.

2. If this requirement is not observed, the buyer is entitled to withdraw from the contract before the execution of the deed, unless the seller willingly offers compensation. However, if the complaints are not specifically disclosed in the deed of sale, the consequences specified in § 625 of the Civil Code will apply after the execution.

1. The Purchase or Exchange Contract (Essay) must be submitted to the President of the Municipal Council, who shall affix their visa (with the date of submission) to it and record it in a special register.

1. Sales and exchanges of real estate are prescribed and executed by the municipal council of the municipality in whose jurisdiction the respective properties are located.

2. If a real estate property subject to transfer of ownership includes parts within the jurisdiction of another municipality, the prescription and execution will occur in the municipality where the residence is situated, or if no residence exists, where the larger portion of the property is located; however, the transfer must be noted in the purchase records of the other municipality.

1. Upon submission of the purchase or exchange contract, the municipal council, along with its clerk, is required to draft the purchase or exchange deed. This document should include

a. The names, domiciles, and residences of the contracting parties and their any potential representatives;

b. The date of the seller's acquisition title, if available, along with the date of its drafting;

c. A description of the properties, including the dimensions (as far as they can be ascertained from the records), boundaries, and the rights and liabilities associated with the properties, presented as concisely and clearly as possible;

d. Ground rent, tithe, and other encumbrances;

e. Mortgages on the properties, specifying the type, principal amount, holder, start date, as well as outstanding interest and accrued interest in francs and centimes, indicating the interest-bearing entity; if the liability is attached to the property, an overview of the annuitants and their debt installments must be appended to the purchase deed; the encumbrances and liabilities must be carefully allocated to those properties on which they were based on the most recent change of ownership or mortgage record referencing the pledges; if an inaccuracy is found, a correction must be made;

f. The commencement time for gains and losses;

g. The purchase amount;

h. The financial settlement indicating the method of installment payment of the resulting balance of the purchase price;

i. Finally, any further purchase conditions.

2. This purchase deed must be signed and sealed by the municipal council (president and clerk).

1. The sales or exchange document prepared in this manner shall be submitted to the court registry for the attention of the court office.

2. The presiding judge and court clerk shall compare the document with the court records and correct minor errors and omissions, or return it to the municipal council for improved preparation. The comparison shall be completed within fourteen days.

3. The version found to be in agreement with the court records shall be entered into the court record, and its accuracy certified with the seal and signature of the presiding judge and the clerk.

4. If parts of the property belong to another court district, the necessary comparison and registration shall also take place in that other court district.

1. Once the purchase or exchange deed has been executed in this manner, it will then be finalized by the municipal council.

2. After execution, the entire purchase or exchange act, along with the overview of the single payments, if such exist, as well as the finalization proceedings, must be recorded in the municipal council purchase protocol according to the date of execution.

1. If one spouse intends to sell a real estate property freely to the other spouse, or a father to his children or in-laws, the execution of the sale may occur no sooner than two months after judicial certification. During this period, any claimant with a movable asset may have a notice placed in the registry indicating their claim and its nature against the seller. Consequently, the execution of the sale is prohibited until security for the claim has been provided or the notice has been otherwise resolved. Any proceeding initiated during the aforesaid period under the present paragraph shall serve as the equivalent of placing a notice.

1. By execution, any possible defects of the contract are not rectified, nor are claims concerning easements, complaints, or liabilities affected if such have not been otherwise assumed. (§ 625 of the Civil Code)

1. In the case of the division of properties among several co-owners or the buyout of one or more co-owners, the creation of a deed is not necessary. However, the registration, comparison with the court records, entry into the registers, and certification must be carried out in the same manner as with purchases. (Sections 2 to 7.) The specification of outstanding interest and annual interest is not mandatory in this regard.

2. ...

3. In the case of the division or buyout of properties within an estate, the execution proceedings that may be attached to individual heirs do not prevent the sale of the properties, provided that it occurs within six months of the inheritance's commencement.

1. The seller is liable to the buyer for any damage resulting from the failure to transfer the encumbrances or debts attached to a property.

1. If the seller is unable to provide this compensation, and those complaints or debts are evident in the acquisition records or the minutes containing them, the members of the municipal council responsible for the execution, as well as the municipal clerk, are jointly liable to the purchaser for two-thirds of the damage suffered as a result. Meanwhile, the court president and court clerk are similarly jointly liable for one-third.

2. If an official or authority previously in office is responsible for the error, they are primarily liable, and secondarily, the municipality or the judicial district is responsible for the damages.

1. If the transfer of ownership of a property does not occur as a result of a contract, a mere attribution replaces the execution. (§ 293 of the Civil Code[8])

1. All deeds, whether established before 1798 or thereafter, have the same force and enjoy the same rights, whether they are situated domestically or abroad, and regardless of whether they belong to a citizen of the canton or another person.

1. The existing encumbrances on real estate, such as: annuities, surcharges, purchase payment notes, inheritance settlements, perpetual capital, etc., shall be handled according to the previous laws until they are redeemed and deleted.

1. The announcement and repayment of the existing mortgage instruments shall be carried out in accordance with the provisions of the Usury Act of October 5, 1859.

2. However, as stipulated in Section 3 of the same act, if there is a redemption where either a sole debtor or all co-debtors terminate the entire instrument, the declaration of the municipal council is not required.

3. The conversion of old securities into new annuities shall be executed pursuant to Sections 29 and following of the same act.

4. If, by agreement between the claimant and the usury office, an old security is assigned to the usury office for redemption purposes without prior legal termination, a legal termination is no longer necessary.

1. If the declaration for the conversion of old mortgages into new annuities has been submitted in writing to the municipal council for the benefit of the annuity fund and has been recorded in the minutes of the municipal council and the court, then the annuity fund shall have the right to claim on the property for its payments made on the old mortgages, including interest, in the order of priority of the paid-off claims, even if the new mortgage instrument has not yet been issued.

2. The specified enumeration of the old mortgages or debt installments into the form prescribed by § 30 of the Annuity Fund Act must appear in the minutes; however, in the new instrument, it suffices to state that it is issued in place of the old mortgages. Once these have been extinguished, the relevant declaration must be appended to the instrument by the administration of the annuity fund.

3. If all older mortgages are redeemed through the new annuities, no separate annotation thereof in the minutes is necessary.

4. If the pledges of an annuitant who has pledged to convert are transferred to another party before the new annuities are established, the new owner must have them established and bear the costs.

1. The old priority encumbrances are subject to the same regulations regarding termination and conversion or distribution as the ordinary encumbrances.

2. In the case of conversion, the new encumbrances may be established without regard to a larger or smaller amount.

1. Henceforth, mortgages must be established and registered in the land registers according to the provisions of the present law.

2. Mortgages or pledges of immovable property in other forms are inadmissible and invalid, subject to special legal provisions regarding the pledging of railways and other real estate of anonymous companies.

1. In addition to what is considered an integral part of the property according to Section 207 et seq. of the Civil Code, the mechanical installations associated with a property are also deemed to be parts of the property and may only be mortgaged together with it.

2. Specifically, the following are to be regarded as associated with the property

a. primarily the drive mechanisms (such as water powers, water wheels, turbines, transmissions, steam engines, pipelines, etc.);

b. furthermore, all those facilities that confer upon the property the character of a specific mechanical installation and are set in motion by those drive mechanisms (for example, the millworks are part of the property of a mill; the spinning machines and spindles are part of the property of a spinning mill; the sawing equipment is part of the property of a sawmill; the stamping devices are part of the property of a stamping mill; the planing, grooving, and sawing machines, the lathes, etc., are part of the property of a parquet factory; the hammer mills are part of the property of a forge; the steam boilers and the fulling mills are part of the property of a bleaching plant with finishing facilities).

3. If immovable property of the aforementioned type is mortgaged, the individual mortgaged items must be enumerated and specified as precisely as possible, so that there can be no doubt about the extent of the mortgage.

4. The debtor is obliged to maintain the mortgaged mechanical installations with care and may not allow any depreciation that is not a natural consequence of proper use.

5. During repairs and improvements, newly acquired materials replace the old; also, any increase in materials will include in the pledge anything that constitutes a component of the mechanical installations belonging to the property.

1. Rights appurtenant to real estate are mortgaged by the conveyance of the real estate, even if they are not specifically mentioned.

2. Rights acquired as an accessory to a subordinate mortgage are to be regarded as an increment, and previously established mortgage certificates also have a claim to them.

3. However, if a right is acquired against the assumption of a liability, the right can only be claimed if the liability is also assumed.

1. If a dispute arises regarding whether an item can be pledged as immovable property, the municipal council shall decide the matter, and in the second instance, the cantonal court.

1. In pledge rights, the older pledge takes precedence over the newer one.

2. Registrations or encumbrances maintain their rights and priority, even if they are not disclosed in subsequent pledges.

**1. Only the owner of real property can pledge the same, namely:**

a. by establishing annuities (§§ 28 to 62);

b. by establishing bonds (§§ 63 to 71).

**2. Whoever causes such deeds to be executed is liable for the accuracy and completeness of the information contained therein. The same person must also provide personal security for the pledged amount. (§ 742 of the Civil Code)**

**3. However, the rights assured in §§ 13 and 14 remain preserved for the issuer of a bond.**

1. The municipal councils, in collaboration with the court offices, are responsible for the issuance of payment certificates and the preparation of land charge documents. The issuance of land charges is carried out by the court offices.

2. The municipal councils maintain their own records regarding the issuance of payment certificates, the land charges delivered to them by the court offices, and the handing over of these secured debentures.

3. The titles may only be handed over to those entitled to receive them.

1. A Bond Must Contain

a. the pledgor or pledgors; if they are under comprehensive guardianship, the guardians must also be named;

b. the principal value of the mortgage, in Swiss francs, written out in numbers and words; mortgages are to be issued in round sums;

c. the interest rate, which must not exceed five percent;

d. the date of establishment of the bond and the annual due date of the interest. This date must not fall on movable feasts but instead must be set on a specific day of the month;

e. the method of termination and repayment;

f. the description of the mortgaged properties according to the title of acquisition, including dimensions as evident from the records, the boundaries, and the associated rights and encumbrances (§ 6 lit. c); for each building, the sum for which it is insured in the Cantonal Fire Insurance must be included;

g. the ground rent, tithe, and other real burdens;

h. all debts of any kind generally or specifically preceding on the collateral, indicating the type, principal amount, and date of establishment, but without naming the respective claimants;

i. the specified valuation or estimation of the mortgaged goods in monetary worth and their profitability, indicating the appraisers and the date when the valuation was conducted (§ 30);

k. the date of execution, and the seal and signature of the issuing authority.

1. Anyone who wishes to establish a mortgage must submit their request to the President of the Municipal Council of the municipality where the property to be encumbered is located. This request must include

a. a statement specifying the property to be encumbered and the amount for which the mortgage is to be established;

b. if necessary, proof of ownership of the property and personal authorization to encumber via a certificate from the municipal council of the homeowner's domicile.

2. The President of the Municipal Council is required to duly record these requests in a register with sequential numbers and to retain them, along with any additional documentation, as evidence.

3. If the properties to be mortgaged are situated in two or more municipal districts, the mortgage agreement shall be executed by the municipal council of the district where the residential building is located or, if there is no such building, where the larger portion of the property is situated.

4. The encumbrance must be noted in the mortgage protocols of each municipality.

1. If both ownership and personal authorization are proven, the president of the municipal council, along with two other members of the council, shall appraise the immovable properties to be pledged, with the assistance of experts if necessary. Each property shall be individually assessed under oath at its current true monetary value as accurately as possible.

2. This monetary appraisal should also include the revised cadastral assessment, and for agricultural land, an evaluation of the annual yield in livestock and crops should be attached.

3. The appraisal of pledged properties located outside the municipality must be obtained from the council within whose jurisdiction they are situated.

1. The municipal appraisers are liable to the rightful claimant of an instrument for the amount of their appraisal for a period of six years.

2. However, in the event that a claim is made under this warranty, the appraisers are entitled to deduct from their appraisal amount such sums as extraordinary occurrences or natural events and extraordinary circumstances of the time have diminished the value of the property.

3. If the appraisers can demonstrate that the property had the value they specified at the time of appraisal, they shall not be held liable.

1. The Owner - to whom the Municipal Council must disclose the evaluation before issuing the decree - is entitled, if he disagrees with the municipal council's evaluation, to request a second appraisal from the relevant President of the Court. For this purpose, the President of the Court appoints three members of the district court, who are to assess the property under the same procedures and responsibility as the Municipal Council.

2. The result shall be documented upon the request of the initiator of the municipal council's evaluation.

1. In those municipalities where the liens have been measured, planned, and the appropriate land registers have been introduced, the assessor has the discretion to either conduct an evaluation of the liens or simply have the valuation contained in the land register entered into the assessment.

1. The validity draft to be prepared thereafter by the municipal council must, using the mortgage records of the municipal council and, if necessary, the court, contain everything prescribed in § 28 regarding the contents of the validity, and must be signed by the appraisers and the municipal council clerk.

1. The rent judge has the duty to accurately disclose all conditions of his property that are to be included in the rent. He is required to review the lease agreement and must also sign it.

1. This validity decree is submitted by the municipal council to the court chancery for examination and official drafting by the judicial office.

2. The presiding judge and court clerk compare it with the judicial records. If inaccuracies or omissions are found, they must be corrected and completed, or the validity decree may be returned to the municipal council for redrafting. The comparison and drafting should be completed within fourteen days.

3. Drafting occurs only on the correct validity decree following a standardized form (Form A). It must not contain illegible strikeouts or erasures.

4. The draft is to be sealed with the official seal of approval and signed by both the presiding judge and the court clerk after being entered into the judicial mortgage register.

1. The court office shall then send the mortgage deed and the executed mortgage to the municipal council. The mortgage deed is to be entered into the municipality's mortgage register and returned to the court office within fourteen days.

1. If an individual who is subject to enforcement acquires a collateral, such enforcement shall not impede the pledging of the newly acquired collateral in favor of the seller.

1. The authority (the Municipal Council together with the Municipal Clerk) that prepared the pledge document, and the authority that issued the pledge based on it, are liable for the correct and complete execution of the deed, insofar as it does not correspond with the act of acquisition of the pledger, or if new pledge titles or servitudes are not specified.

2. If an inaccuracy arises from the proceedings of a previous authority, that authority is initially liable to the holder of the pledge title for any resulting damage, and subsidiarily the municipality, or the judicial district respectively.

1. The extent of this liability is determined as follows

the creators of the "Gültaufsatz," the members of the municipal council along with the municipal council clerk, are jointly liable for two-thirds;

the executors of the "Gült," the court president and court clerk, are also jointly liable for one-third of the proven damages.

2. In the event of a discrepancy between the instrument and the "Aufsatz," the executing authority is solely liable for the resulting consequences.

1. The annuities are redeemable every six years. Redemption must be preceded by a notice of termination, to which both the debtor and the claimant are entitled. For the termination to be valid, it must be submitted at least six months before the due date of the annuity to the court messenger in whose district the collateral is located.

2. The court messenger must record all notices of termination in a register and deliver them legally to the person concerned or, if they are under comprehensive guardianship, to the guardian, and if the guardian is unknown, to the municipal administrator of their hometown. If the person to whom the delivery is to be made does not reside in the municipality where the collateral is located, the court messenger of the location of the collateral must inform the court messenger of the recipient's place of residence for execution.

1. As a rule, annuities are paid off after termination as follows

a. up to CHF 500 in one payment;

b. up to CHF 2000 in annual payments of CHF 500;

c. larger amounts in four equal annual payments.

1. If the mortgage debtor terminates a mortgage and notifies the claimant with the termination that he wishes to pay the entire amount of the mortgage in one lump sum, he is authorized to do so, and in this case, the instrument must be returned to him unimpaired.

2. If the debtor has announced to the claimant the full payment at once, the claimant also has the right to demand it, and he is no longer obliged to accept installment payments.

3. If the claimant gives notice of termination, the debtor is entitled to pay off the mortgage in full at the first due date and to demand the instrument unimpaired. However, he must notify the claimant three months before the due date of a payment that he wishes to make the payment in one lump sum.

1. If the payment of an annuity secured by an indivisible mortgage, whether it is the first or a subsequent one, is not made by the debtor and not collected by the creditor within one year after its due date, then the termination is extinguished, and the annuity for the remaining unpaid amount is reinstated.

1. If a payment by installments actually takes place, the provisions of § 7 of the Usury Act shall apply.

1. If the owner of a land charge, the amount of which has been apportioned, wishes to sell a part thereof, they can have an extract made by the relevant court official at their own expense.

2. The issuance of such a land charge extract must be recorded both in the land charge itself and in the hypothecary registers.

1. A redemption document must, like the redemption itself, include a description of the collateral pledged therein, a specific listing of associated encumbrances and debts, the amount of the claim, the date of appointment, and the appraisal value of the collateral, as well as the insurance amount for the buildings located on the collateral, and it must be affixed with the redemption seal. (Form B.)

2. It holds the same lien rights on the pledged collateral as the original redemption and may be circulated at will.

1. For the cancellation and redemption of portions of an annuity and of annuity extracts, the same deadlines and amounts apply as for undivided annuities.

2. In the event of a division of the pledged collateral described therein, the regulations given for whole annuities are to be applied.

1. The natural tithe can be redeemed or converted into a fixed monetary amount through priority or tithe payments, provided that the tithe owed by a lienholder to one or more tithe claimants amounts to at least 200 francs after valuation.

1. When multiple properties of a mortgage owner are to be encumbered in a lien, each property must be described individually, and the assessment of the tithe for each must be made separately and specified in the lien.

1. In a tithe due, there is no need for an appraisal of the property, and it can be established and handed over to the claimant, regardless of whether there are executions against the establisher or not.

2. Otherwise, they are established, terminated, distributed, and paid off in the event as ordinary dues.

1. Priority Claims shall, in all negotiations concerning immovable property (purchases, deeds, etc.), take the place of the redeemed tithe under encumbrances, but not under ordinary deeds. (Law of December 20, 1839.)

1. A priority mortgage that is cancelled and paid off must be nullified, and a new one may not be established in its place.

1. Payment deeds are issued for the entire or partial credit which

a. accrues to the seller upon the sale of real estate, or

b. accrues to the party being bought out in the case of a buyout, or

c. accrues to an heir or former co-owner in the division of real estate and is directed against the real estate or part thereof affected by the sale, purchase, or division.

2. The title issued to the hands of the claimant serves as a document for the aforementioned credit, which must be explicitly stated therein.

3. The document issued to the transferee of the real estate serves merely as a title of acquisition and not as a claim document, which should be explicitly noted therein.

1. Payment deadlines secured by a lien on the property may not be extended to more than fifteen years calculated from the commencement of benefits and liabilities.

1. The purchase deed delivered to the vendor of a property, which is intended to serve as a payment deed, must, in addition to its content as a purchase document, specifically contain

a. the declaration of whether any payment has been made towards the outstanding balance owed to the vendor, and what amount;

b. the deadlines and sums in which the outstanding balance is to be paid off;

c. the interest rate;

d. the provisions regarding the real liability of the claim (§ 63).

2. The entitlement title for inheritance and repurchase property shall contain

a. the inheritance purchasers and the repurchased parties, or the division contract parties;

b. a brief designation of the properties on which the claim is attached;

c. the total sum of the capital liabilities attached thereto;

d. the amount of the claim with the indication of whether any payment has been made towards it and what amount, as well as the deadlines and sums in which the outstanding balance is to be paid off;

e. the interest rate and the commencement date of the claim;

f. the provisions regarding the real liability of the claims (§ 64).

3. It is at the claimant's discretion whether to have the valuation concerning a secondary collateral included in the payment deed or not.

4. If a new valuation is requested, it must proceed as if establishing a fee. The costs shall be borne by the claimant.

1. The portion of the purchase balance, which is stipulated as purchase cash, is due upon the commencement of benefits and damages unless otherwise determined by the parties and is subject to interest from that time.

2. If the purchase cash cannot be demanded due to any ongoing litigation, it does not lose its lien on the property as long as the litigation remains unresolved, since the duration of the litigation shall not be counted towards the time during which otherwise the purchase cash would become subject to a distraint.

3. Regarding the personal liability of the debtor and the liability on the property, it is to be considered like any other purchase payment.

1. The payment documents are to be prepared by the municipal councils and certified by the court offices.

1. The liability of the authority established in § 14 shall benefit the holder of a payment voucher if the original holder has transferred it and is insolvent.

1. The debtor, or, if the obligation subsequently devolves upon multiple debtors, the collective debtors have the right, upon six months' notice of termination, to fully discharge all outstanding payments on the due date of the next payment.

2. If such a notice of termination has been given, the creditor also has the right to demand full payment.

3. If, after the notice of termination, neither the debtor deposits the outstanding payments nor the creditor collects them within the period during which the next due payment is secured by mortgage or pledge, the notice of termination becomes void.

1. A promissory note can be transferred or sold without further formalities.

2. With each transfer of ownership, the assignment must be recorded on the instrument of claim itself and officially notarized.

1. In the event of the subdivision of the collateral described in a payment letter, these remain jointly liable as long as the payments enjoy a lien on the property.

2. If the lien has ceased, each owner is personally liable only for the installment assigned to their respective part of the collateral.

1. The mortgage deeds that are established under the present law confer upon the legitimate claimant a claim for the pledged amounts on the properties mortgaged in the title and the associated rights.

2. The acquisition of ownership of such must either be evident from the deed itself or be demonstrated by other sufficient proof.

1. The same rights as the capital are also enjoyed by

a. in the case of ordinary ground rents, three overdue interest payments and the statutory interest;

b. in the case of priority ground rents, one overdue interest payment and the statutory interest;

c. in the case of payment bonds, one overdue interest payment and the statutory interest;

d. any statutory enforcement costs that may apply;

1. If the payment of a terminated annuity is not made and not collected, sections 45 and 54 shall apply.

2. If a due payment of a promissory note is not collected within one year of its due date, or if within the same period, the execution of debt collection up to the fully offset pledge is not initiated and continued, the lien on the property for this payment is forfeited, and it is only to be considered as a personal debt of the owner of the property.

1. If a building included in a mortgage deed is destroyed or damaged by fire, the insurance compensation shall initially be payable to the mortgage creditors unless a new building of approximately equal value to the one destroyed is constructed. The compensation can only be handed over to the owner after the creditors have been satisfied.

1. Where, for reasons of public welfare, unobstructed transfers of mortgaged parts of property must be made for roads, railways, etc., the legal provisions concerning expropriations shall apply with respect to the compensation of the mortgage creditors.

**1. In either case (§§ 75 and 76), the court office shall notify the holders and request them to submit a statement, along with the presentation of their title of claim, indicating whether they wish to claim the compensation amount or not.**

**2. If multiple holders claim payment, they shall be paid in the order of priority according to the allocation regulation of the encumbency.**

**3. The corresponding redemptions and transfixes are to be documented in the instrument as well as recorded in the registers.**

1. The mortgage instruments may only be recorded as discharged in the protocols when they have either been presented as destroyed or have been nullified as a result of a public summons, or when the term payments have transitioned into constructive conversations.

1. A partial invalidation (Transfix) shall not be recorded in the protocols until it has been entered in the relevant deeds themselves.

1. For debts extinguished by installment payments, no new debts may be created with the same priority if newer debts have been established on the collateral since the original debts were created. This prohibition applies except when the new debt is replacing a debt that has been called due, or if it needed to be restructured or redeemed for other reasons, or in accordance with Section 9 of the Interest Act.

1. Mortgages or pledges of movable property, whether individually or in conjunction with immovable property, are prohibited and invalid. However, the provisions of the Civil Code regarding the pledge (§§ 364 and 712) are reserved.

2. Existing mortgages of movable property (chattel mortgages) are not affected by this paragraph.

1. The court purchase and payment records shall henceforth be maintained separately for each of the municipalities forming the jurisdictional district, compared annually with those of the municipal council and the court office, and any deficiencies identified shall be corrected.

1. A mortgage instrument that is not recorded in the public registers becomes statute-barred after a period of twenty years, if during this time no one asserts it against the debtor or debtors.

1. The Municipal Council of the City of Lucerne will continue to manage the mortgage business of the municipality.

1. The Cantonal Court, which is responsible for supervising the conveyance and mortgage matters, shall issue the necessary instructions for the enforcement of this law.

1. By the present law, all provisions conflicting with the same are repealed, and in particular, the following are abolished

1. the Act on Purchase and Exchange Transactions of September 3, 1831;

2. the Act on Inheritance and Division of Property of September 5, 1831;

3. the Act on Mortgage Instruments of September 6, 1831, subject to the provision in § 17 of the present law;

4. the Supplement to the Act on Mortgage Instruments of February 6, 1859;

5. §§ 364 lit. b and 713 of the Civil Code concerning use provisions;

6. the laws on the Establishment of Tithes, insofar as they contradict §§ 57 to 61.

1. Present Law, which shall come into force on the 1st autumn month of 1861, is to be delivered to the government council for promulgation and execution and to be deposited in the original in the state archive.