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211.1 EGZGBLI-CCEG CH-NE

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)

96 Articles / Provisions · Switzerland · Canton of Neuchâtel
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Table of Provisions (96)

Art. premier Law Concerning the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 - Civil Court Art. 2 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 - Authority for the Protection of Children and Adults Art. 3 Law Concerning the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 4-8 Law Concerning the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 9 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 - Notaries Art. 9A Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 10 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 11 Law Concerning the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 12 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 12A Law Concerning the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 12B Law regarding the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 12C Law on the Introduction of the Swiss Civil Code (LI-CC), of 22 March 1910 Art. 13 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 13A Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 - Violence, Threats or Harassment (Art. 28b para. 4 CC) Art. 13B Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 - Electronic Surveillance (art. 28c CC) Art. 14 Act concerning the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 14A Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 - Foundations Art. 15 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 16 Law regarding the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 17 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 18 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 19 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 20 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 21 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 22-23 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 24 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 25-36 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 37 Law on the Introduction of the Swiss Civil Code (LI-CCC), March 22, 1910 Art. 38-47 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 48 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 49 Law on the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 Art. 50 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 51 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 52-58 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 59 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 60 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 61 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 62 Law concerning the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 63 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 64 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 65 Law concerning the Introduction of the Swiss Civil Code (LI-SCC), March 22, 1910 Art. 66 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 67 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 68 Law on the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 Art. 69 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 69A Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 69C Law on the Introduction of the Swiss Civil Code (LI-SCC), of March 22, 1910 Art. 70 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 71 Law on the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 Art. 72 Law regarding the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 73 Law Regarding the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 74 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 75 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 76 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 77 Law on the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 Art. 78 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 79 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 80 Law concerning the Introduction of the Swiss Civil Code (LI-SCC), March 22, 1910 Art. 95 Law Concerning the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 96 Law regarding the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 97 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 98 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 99 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 99A Law on the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 - Ranking and Interest Rate Art. 100 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 101 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 102 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 103 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 104 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 104A Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 104B Law on the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 Art. 105 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 106 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 107 Law Concerning the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 108 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 109 Law Concerning the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 110 Act Concerning the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 111 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 112 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 113 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 114 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 115 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 116 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 117 Law on the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 Art. 118 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 119 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 120 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 - Visa Art. 121 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 122 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 123 Law on the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 124-144 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 145 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 146-154 Law Concerning the Introduction of the Swiss Civil Code (LI-CC), March 22, 1910 Art. 155 Act Concerning the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 Art. 156 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910 Art. 157 Law on the Introduction of the Swiss Civil Code (LI-CC), of March 22, 1910

Statutory Text (96 Articles)

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

[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].

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

[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.

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

[5]

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

[6]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[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].

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[9] The department responsible for veterinary affairs is the competent authority to receive notices regarding found animals (art. 720a).

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[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]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[14] 1 The department responsible for justice is the competent authority to authorize a change of name (Art. 30 CC).

2. Repealed.

3. Repealed.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[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).

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[24] The Office for the Collection and Advance of Maintenance Contributions provides assistance in the collection of maintenance contributions (Art. 131 and 290 CC).

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

The public prosecutor shall always have standing to act in cases where public order is concerned or to intervene in similar proceedings.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[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].

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[29] The Neuchâtel Cantonal Bank is the competent authority for receiving deposits (Art. 851 Swiss Civil Code).

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Act - TITLE ONE - CHAPTER 2 Administrative Authorities

[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.

**2 Private Law - Civil Procedure - Execution - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER ONE General Provisions**

[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.

**2 Private Law - Civil Procedure - Execution - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER ONE General Provisions**

[32] The Notarial Law regulates the conditions of the authentic act when individuals involved in the act do not understand the French language.

**2 Private Law - Civil Procedure - Execution - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER ONE General Provisions**

[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.

**2 Private Law - Civil Procedure - Execution - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER ONE General Provisions**

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.

**2 Private Law - Civil Procedure - Execution - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER ONE General Provisions**

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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Enforcement of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 2 Personal 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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Enforcement of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 2 Personal Law

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Enforcement of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 2 Personal Law

[36]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 3 Family Law - Section 1: Matrimonial Regime

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary Provisions and Enforcement of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 3 Family Law - Sections 2 to 4 [38]

[39]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary Provisions and Implementation of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 3 Family Law - Section 5: Administration of Guardianship [40]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary Provisions and Implementation of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 3 Family Law - Section 5: Administration of Guardianship [40]

[42]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary Provisions and Execution of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 4 Successions - Section 1: Reserved Heirs

[43]

2 Private Law - Civil Procedure - Execution - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 4 Inheritance - Section 2: Security Measures

[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.

2 Private Law - Civil Procedure - Execution - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 4 Inheritance - Section 2: Security Measures

[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.

2 Private Law - Civil Procedure - Execution - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 4 Inheritance - Section 2: Security Measures

[47] 1 The opening of wills, the benefit of inventory, and the issuance of certificates of inheritance are governed by the LACDM.

2 Private Law - Civil Procedure - Execution - 21 Supplementary and Enforcement Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 4 Inheritance - Section 2: Security Measures

[48]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 4 Inheritance - Section 3: Partition

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 4 Inheritance - Section 3: Partition

[50]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 4 Inheritance - Section 3: Partition

[51] Partition is effected before the civil court whenever it is ordered by judgment or agreed upon by the heirs.

2 Private Law - Civil Procedure - Execution - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 1: Integral Parts and Accessories of a Building

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

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Of Real Rights - Section 2: On the Distance to be Observed in Constructions and the Party Wall

(Art. 686 of the Swiss Civil Code) The articles 525, 525bis of the Neuchâtel Civil Code remain in force, namely

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Of Real Rights - Section 2: On the Distance to be Observed in Constructions and the Party Wall

(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

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Of Real Rights - Section 2: On the Distance to be Observed in Constructions and the Party Wall

(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

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Of Real Rights - Section 2: On the Distance to be Observed in Constructions and the Party Wall

[52]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Executive Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 3: On the Distance of Plantations

(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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 4: Rights of Way

(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

**2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 5: On the Enclosure of Lands**

[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.

**2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 5: On the Enclosure of Lands**

[59]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Executive Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 5a: Banishment [60]

Article 69e [62]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

[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%.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 5 Real Rights - Section 6: Joint Ownership of Forests and Methods to Terminate Them [63]

Article 94a [74]

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[75]

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[76]

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

(art. 828 and 829 of the Swiss Civil Code). The provisions of the Swiss Civil Code regarding mortgage discharge are applicable in the canton.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[91]

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[92]

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[93] The Public Register Recording the Pledge of Livestock (Art. 885 CC) is maintained by the Office of Debt Collection.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[94]

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional Provisions and Execution of the Civil Code - 211 Introductory Act - TITLE II - CHAPTER 5 Real Rights - Section 7: Miscellaneous Provisions

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 6 Obligations

[97]

2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 6 Obligations

[98]

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[102] As much as possible, the parties concerned or their representatives are invited to attend the proceedings.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[104] A summary record of the proceedings is drawn up.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[109] All assets must be included in the inventory.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[111] To estimate the value of the assets to be inventoried, the clerk may seek the opinion of experts.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Specific Rules for Voluntary Jurisdiction - Section 1: Seals and Inventory [100]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Rules Specific to Non-Contentious Jurisdiction - Section 2: Visas and Legalizations [114]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Rules Specific to Non-Contentious Jurisdiction - Section 2: Visas and Legalizations [114]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Rules Specific to Non-Contentious Jurisdiction - Section 2: Visas and Legalizations [114]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Rules Specific to Non-Contentious Jurisdiction - Section 2: Visas and Legalizations [114]

[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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE II - CHAPTER 7 [99] Rules Specific to Non-Contentious Jurisdiction - Section 2: Visas and Legalizations [114]

[119]

2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE III - Transitional Provisions

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.

2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE III - Transitional Provisions

[120]

2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE III - Transitional Provisions

[121]

2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE III - Transitional Provisions

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.

2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Implementing Provisions of the Civil Code - 211 Introductory Law - TITLE III - Transitional Provisions Transitional Provision Relating to the Amendment of December 17, 1984 [122]

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.

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