2 Private Law - Civil Procedure - Enforcement - 21 Supplementary Provisions and Execution of the Civil Code - 211 Introductory Law - TITLE ONE - CHAPTER ONE Judicial Authorities - Section 1: Non-Contentious Procedural Acts and Various Decisions (EGZGB)
Table of Provisions (96)
Statutory Text (96 Articles)
[2] 1 In matters governed by the Swiss Civil Code, and subject to the specific provisions of this law, the Civil Court is competent to hear all contentious civil matters and to make all judicial decisions pertaining to non-contentious jurisdiction.
2. It is particularly the competent authority in the sense of Articles 490, paragraph 1, 574 to 576, 593 to 596, 602, paragraph 3, 611, 612, paragraph 3, 613, paragraph 3, and 618, paragraph 1.
3. The procedure is governed by the Code of Civil Procedure (CPC), dated December 19, 2008 [3].
[4] 1 The Child and Adult Protection Authority is competent to pronounce adoption (Art. 268).
1bis The president of the Child and Adult Protection Authority, acting as a single judge, is competent in matters of maintenance obligations and alimony debts (Art. 279; 286, para. 2; 289, para. 2; 291; 292; 294; 328, para. 1; 329, para. 3).
2. The procedure is governed by the Code of Civil Procedure (CPC) of December 19, 2008.
[5]
[6]
[7] 1 The notary is competent in the following cases provided for in the Swiss Civil Code
d) certificate of inheritance (Art. 559).
2 The procedure is governed by the Law on the Handling of Acts Related to Death and Similar Acts (LACDM), of November 2, 2010 [8].
[9] The department responsible for veterinary affairs is the competent authority to receive notices regarding found animals (art. 720a).
[10] The Municipal Council is the competent authority in the following cases
1. [11]
2. [12]
3. decision to initiate an action for annulment of marriage (Art. 106);
4. exercise of the action challenging the recognition of a child (Art. 259, para. 2, item 3, and Art. 260a, para. 1);
5. exercise of the right to defend against a paternity action (Art. 261, para. 2);
6. [13]
[14] 1 The department responsible for justice is the competent authority to authorize a change of name (Art. 30 CC).
2. Repealed.
3. Repealed.
[15] 1 The Council of State is the competent authority in the following cases
1.
[16]
2.
application for dissolution of an association (Art. 78);
3.
[17]
4.
[18]
5.
[19]
6.
petition for declaration of absence (Art. 550 CC);
7.
authorization to take livestock as collateral (Art. 885);
8.
authorization to practice pawn lending (Art. 907);
9.
[20]
10.
[21]
2. Repealed.
3. Repealed.
[22] 1. The Council of State ensures effective collaboration among the authorities and services responsible for the protection of youth; it enacts the necessary implementing provisions (Art. 317).
2. It is responsible for organizing marital or family counseling offices (Art. 171); it may delegate this task to municipal or private organizations.
3. It encourages family mediation, notably by supporting existing accredited structures and by raising awareness among the authorities and organizations dealing with couples and families. It takes the necessary measures, if needed, to facilitate access for interested spouses.
[23] 1 The Adult and Youth Protection Service authorizes and supervises the placement of children with foster parents (art. 316, para. 1 CC).
2. It is the sole cantonal authority regarding the placement of children for adoption (art. 316, para. 1 bis CC).
3. It is the cantonal authority concerning information on the identity of biological parents (art. 268c CC).
[24] The Office for the Collection and Advance of Maintenance Contributions provides assistance in the collection of maintenance contributions (Art. 131 and 290 CC).
The public prosecutor shall always have standing to act in cases where public order is concerned or to intervene in similar proceedings.
[25] The Pronouncement of Immediate Eviction from the Common Dwelling in Case of Crisis and the Procedure are Governed by the Neuchâtel Police Law (LPol), of November 4, 2014 [26].
[27] 1 The Civil Court that orders electronic monitoring is competent to set the framework and conditions. It determines the contribution of the perpetrator to the execution costs.
2. The penitentiary service is responsible for the technical execution of the measure ordering the perpetrator to wear a non-removable electronic device as per Article 28c of the Civil Code (CC). If the perpetrator is primarily or secondarily domiciled in another canton, the execution of the measure may be delegated to that canton, in agreement with it, and the Civil Court shall be informed.
3. The penitentiary service ensures that the recorded data related to the persons concerned are used only for executing the prohibition and that they are deleted no later than twelve months after the end of the measure (Article 28c, paragraph 3 CC).
4. The penitentiary service communicates to the Civil Court any relevant data constituting a possible violation of the judgment.
5. The Act on the Execution of Sentences and Measures for Adults (LPMPA), dated May 24, 2016, is applicable for the remainder.
[29] The Neuchâtel Cantonal Bank is the competent authority for receiving deposits (Art. 851 Swiss Civil Code).
[30] 1 The Supervisory Authority for Occupational Pension Plans and Foundations of Western Switzerland is the supervisory authority for foundations which, by virtue of their purpose, fall under the supervision of the canton or municipalities (Art. 84 Swiss Civil Code).
2. It is the competent authority in matters of modification of the organization (Art. 85 Swiss Civil Code) or the purpose (Art. 86 Swiss Civil Code) of a foundation.
[31] 1 The acts for which the Civil Code prescribes an authentic form are received by a notary, in accordance with the law on notarial practice.
2. The formalities established by the Swiss Civil Code for certain special acts remain reserved.
[32] The Notarial Law regulates the conditions of the authentic act when individuals involved in the act do not understand the French language.
[33] 1 All publications required by the Swiss Civil Code shall be made by insertion in the official gazette of the canton.
2. Exceptions are publications related to the power of representation within the marital union (Art. 174) and demands made by pawnbrokers to their debtors (Art. 910), for which insertion in a local public gazette is sufficient.
In the cases of Articles 36, 555, 558, 582, 595, 662 of the Swiss Civil Code and Article 43 of the Final Title, the publications take place three times, at appropriate intervals.
1. Publications for which federal legislation requires insertion in the Swiss Official Gazette of Commerce are reserved.
2. Also reserved is the right of the competent authority to order publicity measures more extensive than those strictly required by law.
[34] 1 The enjoyment and loss of civil rights are determined by public law.
2. Individuals who, due to a permanent incapacity for discernment, are protected by a general guardianship or by a mandate of incapacity are deprived of civil rights for the duration of the measure or mandate.
[35] 1. The civil status registry is organized in the following manner
1. each municipality shall, in principle, constitute a district;
2. several municipalities may, with the approval of the Council of State, form a single district;
3. civil status officers and their deputies are appointed for the duration of a municipal legislative period by the Municipal Council, subject to ratification by the Council of State;
4. when several municipalities forming a single district cannot agree on the appointment or remuneration of the civil status officer and their deputies, or on the seat of the district, the Council of State shall decide on their behalf;
5. the Department of Security, Digitalization, and Culture exercises the functions of the cantonal supervisory authority.
2. The civil status registry is otherwise organized, within the framework of federal law, by a regulation established by the Council of State.
[36]
[37] 1 The commercial register officer is required to preserve and make available the registries of matrimonial regimes established in accordance with the former law.
2. They are also required to receive declarations made in accordance with Articles 9, letter e, paragraph 1, and 10, letter b, paragraph 1, of the final title of the Swiss Civil Code.
[39]
[41] 1 Repealed.
2. The public inventory provided for in Article 405, paragraph 3 of the Swiss Civil Code is established according to the same procedure as that provided for the benefit of an inventory; the Federal Law on Debt Collection and Bankruptcy (LACDM) applies by analogy.
[42]
[43]
[44] 1 The Civil Court shall affix seals at the request of one of the heirs; it may affix them in the event of the benefit of inventory or when one or more of the heirs are absent or minors, or in the event of the discovery of a will (Art. 552 CC).
2. The procedure is governed by the provisions of Chapter 7 of this Title.
3. If certain premises or effects must be left at the disposal of persons living with the deceased, the seals are in this respect replaced by an inventory.
[45] 1 The inventory provided for in Article 553 of the Swiss Civil Code is drawn up by the Civil Court; it also includes the known liabilities.
1bis The procedure is governed by the provisions of Chapter 7 of this title.
2. The inventory drawn up in accordance with the law instituting a tax on inheritances and on inter vivos gifts (LSucc), dated October 1, 2002 [46], serves this purpose.
[47] 1 The opening of wills, the benefit of inventory, and the issuance of certificates of inheritance are governed by the LACDM.
[48]
[49] In the case provided for in Article 609, paragraph 1, of the Swiss Civil Code, the Civil Court may appoint a notary to intervene in the distribution in place of the heir.
[50]
[51] Partition is effected before the civil court whenever it is ordered by judgment or agreed upon by the heirs.
They are considered expressions of local usage for determining the integral parts and accessories of an immovable property, as long as no contrary usage is proven, Articles 374 to 376 of the Neuchâtel Civil Code, and Articles 8 and 9 (as amended) of the Rural Code, namely
Civil Code
Rural Code
(Art. 686 of the Swiss Civil Code) The articles 525, 525bis of the Neuchâtel Civil Code remain in force, namely
(Art. 686 of the Swiss Civil Code) The following articles of the Neuchâtel Civil Code remain in force: articles 527, 528, 529, and 530, namely
(Art. 686 of the Swiss Civil Code) The articles 509, 510, 511, 512, 513, and 514 of the Neuchâtel Civil Code remain in force, namely
[52]
(art. 687 and 688 of the Swiss Civil Code) The following articles of the Neuchâtel Civil Code remain in force: 522, 523, 523a, paragraph 1, and 524.
(Art. 695 of the Swiss Civil Code) 1. When private forests do not have access to public roads, or have insufficient access to ensure their exploitation, temporary passage across neighboring land may be required, subject to compensation proportional to the damage caused.
2. Furthermore, Articles 21 (Art. 523ter of the Neuchâtel Civil Code), 31, and 34 of the Rural Code shall remain in effect, applying to all properties indiscriminately, namely
[55] (Art. 697, para. 2, of the Swiss Civil Code)
1. Every owner may fence their property up to the outermost boundary, subject to exceptions provided by the law.
2. The following articles of the Rural Code remain in force for rural properties: Articles 26 to 30, 35 to 39 (as amended), 43, and 44.
[59]
Article 69e [62]
[64] 1. When the land and the growth of a forest belong to different owners, this type of ownership is considered a forest co-ownership that each of the interested parties has the right to terminate.
2. No such co-ownership can be newly created or registered in the land registry.
3. The forestry service must seek to obtain, through benevolent intervention, the amicable and as prompt as possible liquidation of existing co-ownerships.
[65] To terminate joint ownership through legal proceedings, the Civil Court, upon the simple request of the co-owner seeking to exit the joint ownership, hears the parties and assigns the district forestry engineer to separately appraise the forest land and its timber harvest.
[66] If the parties accept this evaluation, the landowner is given the first right of refusal to repurchase the share of the owner of the recruit at the estimated value set by the forestry service. If the landowner declines to exercise this right within the time period assigned by the Civil Court, the right of redemption may be exercised by the owner of the recruit.
[67] If either of the parties does not accept the evaluation made by the forestry service, a second evaluation shall be conducted by three experts appointed by the Civil Court. Based on this evaluation, the owner of the land again has the option to repurchase, by right of preference, the share of the newcomer owner. If not, the right to repurchase belongs to the latter.
[68] If the right of redemption is not exercised by either party, the Civil Court summons a notary to conduct the sale of the block by public auction. Even upon a single bid, the adjudication is declared and the sale becomes final. If no bid is made, the adjudication takes place at a discount.
[69] Auctions increase or the discount decreases the portion of the price due to each of the interested parties, in proportion to the value of their share of property as determined by the experts.
[70] In the event of the absence of one or more of the interested parties or their refusal to execute the act of transfer, the Civil Court, following duly issued summons, represents them for this stipulation and then delivers the sale price to them or deposits it if the interested parties cannot or refuse to receive the amount.
[71] 1 If the property is mortgaged, the stipulation of the transfer act takes place in a court session, creditors are summoned by letter from the Civil Court to appear to establish the order and receive the price; the presiding judge then proceeds to close the order and, ex officio, orders the cancellation of the mortgage registrations, issuing, if applicable, certificates of deficiency to the creditors who remain unpaid for the sums still owed to them.
2. If the sale of the mortgaged property is by auction, the notary informs the mortgage creditors of this at least eight days in advance.
[72] If the owner of the recruit or if a third party acquires an undivided plot of land enclosed within a wooded pasture or dependent on it, they cannot compel the owner of the pasture to erect fences along the boundary of their land.
[73] The acquisition of forest properties under the conditions provided in this title, and when one of the former owners becomes the purchaser, are subject to a lods fee at a rate of 2.2%.
Article 94a [74]
[75]
[76]
[77] (Art. 795, para. 2, of the Swiss Civil Code). The maximum rate of interest permitted for claims secured by real property is determined by a decree of the State Council.
(art. 828 and 829 of the Swiss Civil Code). The provisions of the Swiss Civil Code regarding mortgage discharge are applicable in the canton.
[78] 1 The following claims deriving from public law may be secured by a legal mortgage registered in the land register
1. The portion of income and wealth taxes, profit and capital taxes related to real estate, as well as property tax and tax on real estate gains, pursuant to Article 247 of the Federal Act on Direct Contributions (FDAC), of March 21, 2000;
2. Premiums and contributions for the two years preceding the sale requisition or the opening of bankruptcy, and the current premiums and contributions due to the cantonal institution for fire damage prevention and insurance, pursuant to Article 52 of the Act on Building Preservation and Insurance (ABPI), of August 30, 2016;
3. Equipment contributions and development fees due to the municipality, and the betterment levies due to the state, pursuant to Article 123 of the Cantonal Planning Law (CPL), of October 2, 1991;
4. Repealed;
5. Repealed;
6. Advances or costs owed by property owners to the land improvement syndicate, pursuant to Article 37 of the Act on Structural Improvements in Agriculture (ASIA), of November 10, 1999 [79];
7. Repealed;
8. The compensation due by the owner of a property to the public law community when the legal restriction placed on property rights following material expropriation for public utility is lifted or mitigated, pursuant to Article 108 of the Act on Expropriation for Public Utility (AEP), of January 26, 1987 [80];
9. [81] The expenses incurred by municipalities or mortgage creditors as a result of substitute measures ordered under the Act on Prevention and Defense against Fires and Natural Hazards, as well as relief efforts (APDFNH), of June 27, 2012 [82];
10. [83] The costs incurred by the State due to substitute measures ordered pursuant to Article 16g of the Waste Management Act (WMA), of October 13, 1986 [84];
11. [85] The expenses incurred by the State or municipalities as a result of substitute measures ordered under the Act on Water Protection (AWP), of October 2, 2012 [86];
12. [87] The lods owed to the state, pursuant to Article 20 of the Act on the Collection of Transfer Duties on Real Estate Transfers (ACTD), of November 20, 1991 [88];
13. The costs advanced by the State for necessary provisional measures, pursuant to Article 28 of the Act on the Protection of Cultural Property (APCP), of March 27, 1995 [89].
2. Repealed.
3. Repealed.
[90] 1 Legal mortgages enumerated in Article 99 are registered with privileged rank and take precedence over real estate pledges and other registered rights.
2. The maximum interest rate is defined by the Council of State.
[91]
[92]
[93] The Public Register Recording the Pledge of Livestock (Art. 885 CC) is maintained by the Office of Debt Collection.
[94]
1. The land register shall be introduced in the canton on January 1st, 1912.
2. The ledger shall be constituted by the register book, serving as an index for all operations recorded in the cadastre or mortgage registers.
3. To produce the legal effects attached by the Swiss Civil Code to registration in the land register, every operation must be recorded in the index and in the cadastre or mortgage register.
4. Pursuant to Article 52 of the final title of the Swiss Civil Code, the Council of State shall issue the necessary provisions and regulations by means of decrees.
[95] (Article 970a of the Swiss Civil Code)
1. Acquisitions of real property, with the exception of those made by way of succession, are published in the Official Gazette.
2. The publication includes
a) the number of the property, its area, its nature, and its location, as well as the nature of the buildings mentioned in the descriptive state;
b) the names and the domicile or registered office of the persons who transfer the property and those who acquire it;
c) the date of the acquisition of the property by the transferor;
d) the shares of co-ownership and of ownership by floors.
3. Acquisitions of small areas or shares of co-ownership or of ownership by floors of minor importance are not published.
[96] 1 The Council of State sets the publication deadline.
2. It defines the acquisitions of small areas and shares of co-ownership or condominium ownership of minimal significance that do not need to be published.
[97]
[98]
[101] In the cases provided by law, the Civil Court instructs the clerk, either on its own motion or upon request, to proceed with the affixing of seals and the inventory.
[102] As much as possible, the parties concerned or their representatives are invited to attend the proceedings.
[103] 1 Seals are affixed and the inventory is drawn up notwithstanding any dispute.
2. If there is resistance, or if the premises are closed, the registrar requests the Civil Court to order the measures that allow them to fulfill their duties.
[104] A summary record of the proceedings is drawn up.
[105] 1 The clerk places under seal the cash, securities, documents, valuable items, and other movable goods that are suitable for this measure; he secures them in premises or furniture on which he affixes the seals.
2. He keeps in his custody the keys to the locks on which the seals have been affixed.
[106] 1 The clerk records the claims in the minutes.
2. Depending on the circumstances, the clerk may return the claimed objects to the interested parties, if necessary, with appropriate securities.
[107] 1 The seals shall be removed as soon as possible.
2. The clerk shall first ascertain their condition.
3. If there is any breakage of the seal or indication of fraud, the clerk shall make a note of it in the official report and immediately inform the Civil Court.
[108] In the event of a dispute regarding the imposition or removal of seals, or the measures resulting from it, the Civil Court shall rule according to the rules of summary procedure.
[109] All assets must be included in the inventory.
[110] 1 Each item, listed sequentially as it is registered, is specifically designated in the inventory, with an indication of its value if it requires appraisal.
2. Collections and assortments that economically form a whole are entered in the inventory as a single item.
3. Similar or like items should, as far as possible, be grouped together.
4. Real estate properties are included in the inventory with their cadastral designation and an indication of the harvests, if applicable.
[111] To estimate the value of the assets to be inventoried, the clerk may seek the opinion of experts.
[112] 1 Objects to be claimed and which are in the possession of third parties shall be listed in the inventory.
2. The same applies to objects claimed by third parties. The claim is noted in the margin of the article.
[113] If there are assets located outside the canton, they shall be listed in the inventory under the descriptions and with the details that the clerk has been able to obtain.
[115] 1 The visa is the act by which a magistrate of the judiciary or a public officer certifies that a document has been presented to him.
2. The visa form, the date, and the signature are affixed at the bottom of the document.
[116] 1 Legalization is the declaration by which a magistrate of the judicial order or a public officer attests to the authenticity of a signature affixed to a document.
2. Legalization is done following the signature.
[117] 1 Judges of the District Court and notaries alone have the authority to certify and legalize.
2. The State Chancellery legalizes the signatures of officials and public officers.
[118] 1. Visas and legalizations are recorded in a special register containing the following headings
e) the date of the visa or legalization.
2. Notaries do not maintain a special register. They comply with the provisions governing notarial practice.
[119]
1. The rights of survivorship granted to the spouse by Articles 1204 to 1223 of the Neuchâtel Civil Code depend on inheritance law and, consequently, can no longer be exercised in estates that open as of January 1, 1912.
2. Renunciations of the rights of survivorship, which may have been stipulated in accordance with the Neuchâtel Civil Code, will produce their effects in estates opened as of January 1, 1912.
3. The same applies to the conventional modifications of these rights, unless the gift exceeds the disposable portion established by the Swiss Civil Code, in which case it will be reduced to that measure.
[120]
[121]
Repealed upon the entry into force of this law
1. The Neuchâtel Civil Code, of January 27, 1855;
2. Articles 1 to 183, 201 to 216 of the Rural Code, of May 15, 1899;
3. Articles 458 to 471; 493 to 530; 553 to 557; 606 to 631 of the Code of Civil Procedure, of November 29, 1906;
4. The Law on Foundations, of February 16, 1876;
5. Articles 25 to 27 and 51 to 80 of the Law on Public Assistance and the Protection of Unfortunate Children, of March 23, 1889;
6. The Law on the Cadastre of June 29, 1864, and all decrees, regulations, and orders related thereto;
7. Any other conflicting provisions of existing laws, decrees, ordinances, orders, or regulations.
The Council of State is responsible for providing, if necessary, after the formalities of the referendum, for the promulgation and execution of the present law, which shall come into force on January 1, 1912.
Law promulgated by the Council of State on July 1, 1910, and approved by the Federal Council on August 6, 1910.
Proceedings underway at the time this law comes into force remain subject to the former law.