2 Private Law - Civil Procedure - Enforcement - 22 Supplementary and Execution Provisions of the Code of Obligations - 224 Lease - CHAPTER ONE Subject (E-OR)

This law contains the necessary provisions for the introduction of the Code of Obligations.

[6] Sales of real property at public auctions are conducted by a notary of the canton.

[7] 1. As a rule, sales of movable property by public auction are conducted by the clerk of the Civil Court.

2. If circumstances require it, particularly the nature or value of the items to be sold, the Civil Court may authorize the sale by another person. The sale is then considered to be private.

3. All auction proceedings are placed under the supervision of the Civil Court.

[8] Depending on the circumstances, the clerk may call upon an auctioneer.

[9] The clerk sets the auction date and arranges for the publications.

[10] 1 The conditions of the sale are set by the seller. The clerk shall disclose them to the public before the commencement of the auction.

2. The seller may include in the conditions of sale that they reserve the right to set the starting price and to withdraw the items auctioned.

[11] 1 The clerk presides over the auction; he resolves any difficulties related to the bidding on the spot; he maintains order during the operation and, if necessary, calls upon law enforcement.

2. The auctioneer announces the bids made and repeats them within a timeframe that allows the public to make higher bids. The item is awarded to the highest bidder.

3. Any disputed adjudication is annulled; the item is immediately re-auctioned at the last bid price.

[12] 1. The clerk maintains the auction register.

2. The description of the items must be precise.

[13] 1 The clerk collects the purchase price of auction items paid in cash (in currency or by debit or credit card); the payment is noted next to each item, and the proceeds of the auction are delivered to the entitled party, minus any fees; a receipt is issued on the official report.

2. The clerk is not obligated to process the collection of the purchase price if the conditions of the sale provide for other methods of payment.

[14] 1 When the Civil Court has authorized the auction of movable property by a person other than the clerk, the State is only liable for its choice.

2. The designated person exercises, under their own responsibility, the powers and functions that the law reserves for the clerk.

[15] Officials or other individuals appointed to conduct auctions are prohibited from making any offer or bid, either themselves or through an intermediary.

[16] It is prohibited to trade, within the auction venue, the items displayed or auctioned.

[18] 1 The Council of State is the competent authority for pursuing the execution of a duty concerning the canton or several municipalities and imposed in the public interest.

2. The Municipal Council is the competent authority for pursuing the execution of a duty concerning the municipality and imposed in the public interest.

1. The Neuchâtel Cantonal Bank is designated as the deposit office.

2. The deposit is made without fees and without interest.

3. The Council of State establishes the formalities of the deposit.

The department designated by the Council of State approves the official forms.

The Council of State establishes the list of municipalities where the use of the official formula mentioned in Article 269d is mandatory.

When a rent increase is set according to an agreed-upon schedule, a copy of the agreement is accepted as a form.

Judicial authorities shall automatically transmit a copy of decisions concerning contested rents or other disputed claims of the lessor to the Federal Department of Economic Affairs.

Any person capable of suing in court may be represented in legal proceedings by a professional agent holding a Neuchâtel lawyer's certificate, who meets the personal conditions of art. 8 para. 1 lit. a, lit. b, and lit. c of the Federal Act on the Free Movement of Lawyers, dated June 23, 2000, employed by a representative organization that defends the interests of landlords or tenants pursuant to art. 3 para. 1 lit. a of the Federal Act on Standard Leases and their General Mandatory Declaration, dated June 23, 1995, for all disputes related to lease agreements subject to proceedings before the conciliation authority, simplified procedure, and summary procedure.

[21] Any person capable of standing trial may be represented in court by a professionally qualified representative from a labor or employer organization for all disputes concerning employment contracts.

1. The canton of Neuchâtel maintains a commercial register for the entire canton.

2. The commercial register is managed by the official in charge of the commercial registry office.

3. The headquarters of the commercial register is located at the place designated by the Council of State.

4. The supervisory authority is the department designated by the Council of State.

[22] 1 The procedure is governed by the Administrative Procedure Act (APA), of March 18, 2025 [23].

2. The Cantonal Court is the appellate authority for decisions made by the commercial register office.

The following legislative acts are repealed

a) Law on the Introduction of Titles Eight and Eight bis of the Code of Obligations (Lease and Tenancy) (LICO), of June 28, 1993 [24];

b) Decree concerning the entry into force of the revised Title XX of the Code of Obligations (Suretyship), of March 20, 1972 [25];

c) Law on the Introduction of Titles Twenty-Three to Thirty-Four of the Federal Act supplementing the Swiss Civil Code (Fifth Book: Code of Obligations) (LICO23-34), of March 28, 2006 [26].

Entry into force: January 1, 2011 [27].

Law enacted by the Council of State on May 21, 2010.