Act on the Introduction of the Swiss Civil Code (Introductory Act to the Civil Code, EG ZGB) - Scope of Application (EG)

1. This law governs the jurisdiction and procedure of the authorities and offices designated by the Swiss Civil Code (ZGB).

2. It contains the provisions reserved for cantonal law.

1. The Jurisdiction of Authorities and Offices is Determined by This Law; the Provisions of Special Legislation are Reserved.

1. The Cantonal Court is competent as a single judge for

1. ordering the necessary measures to remedy deficiencies in the organization of the association (Art. 69c Swiss Civil Code);

2. * ...

3. pronouncing and contesting adoptions (Art. 268 and 269 Swiss Civil Code);

4. the entry of a municipal council member into the business of the transferee (Art. 348 Swiss Civil Code);

5. the appointment of a representative for the community of heirs (Art. 602 Swiss Civil Code);

6. the public auction or auction among heirs (Art. 612 para. 3 Swiss Civil Code);

6a. * ordering the necessary measures for untraceable owners or easement holders and for the absence of their prescribed bodies (Art. 666a, 666b, and 781a Swiss Civil Code);

7. ordering cooperation in determining an uncertain boundary (Art. 669 Swiss Civil Code);

8. the acceptance of water in drainage cases (Art. 690 Swiss Civil Code);

9. the conduction and relocation of wells, pipes, lines, and the like (Art. 691 and 693 Swiss Civil Code);

10. the prohibition for the protection of crops (Art. 699 para. 1 Swiss Civil Code);

11. the taking of an inventory (Art. 763 Swiss Civil Code);

12. the assignment of claims in usufruct (Art. 775 Swiss Civil Code);

13. * ordering the necessary measures for untraceable mortgage creditors (Art. 823 Swiss Civil Code);

14. * receiving payments from the mortgage debtor as per Art. 851 para. 2 Swiss Civil Code.

1. For the other matters assigned to the court under the Swiss Civil Code, the jurisdiction of the authorities responsible for the administration of civil justice is determined by the Court Act.

1. The Municipal Council of the Municipality of Residence is responsible in the following cases

1. Supervision of foundations that belong to the municipality by their purpose (Art. 84 Swiss Civil Code);

2. * ...

3. Contestation of paternity recognition (Art. 259 and 260a Swiss Civil Code);

4. Paternity proceedings (Art. 261 Swiss Civil Code);

5.-6. * ...

7. Fulfillment of other tasks assigned to it by legislation.

1. The Municipal Partitioning Authority is responsible in the following cases

1. Opening of testamentary dispositions (Art. 517, 557-559 Swiss Civil Code);

2. Administration of the inheritance share of an heir whose life or death cannot be proven (Art. 548 Swiss Civil Code);

3. Filing of petitions for the declaration of presumed death (Art. 550 Swiss Civil Code);

4. Ordering measures to secure the inheritance process (Art. 551 Swiss Civil Code);

5. Public invitation to register for the inheritance (Art. 555 Para. 1 Swiss Civil Code);

6. Formation of inheritance lots (Art. 611 Swiss Civil Code);

7. Participation in the division of inheritance (Art. 609 Para. 1 Swiss Civil Code);

8. Inventory taking according to Art. 70;

9. Fulfillment of further tasks assigned to it by legislation.

1. The cantonal tax office is responsible for the assessment of the value of a property or mortgage according to Article 618 of the Swiss Civil Code (ZGB); it must perform the other duties assigned to it by legislation.

1. The Department for Public Inventory Management is responsible in the following cases

1. Preparing the public inventory (Art. 405 para. 3 of the Civil Code);

2. Supervising executors of wills, administrators of estates, and representatives of heirs (Art. 518 para. 1 and 595 para. 3 of the Civil Code);

3. Filing for the liquidation of an estate (Art. 573 and 597 of the Civil Code);

4. Receiving declarations regarding the renunciation of an inheritance and ordering further measures (Art. 570, 574-576 of the Civil Code);

5. Establishing the public inventory and issuing a call for creditors (Art. 581 and 582 of the Civil Code);

6. Granting permission to continue the decedent's business during the duration of the public inventory and ordering measures for security (Art. 585 of the Civil Code);

7. Administering the estate (Art. 585 of the Civil Code);

8. Requesting a declaration regarding the acquisition of the inheritance (Art. 587 of the Civil Code);

9. Conducting the official liquidation (Art. 595 para. 1 of the Civil Code);

10. Fulfilling further tasks assigned to it by legislation.

2. This department is an administrative division of the Office for Debt Collection and Bankruptcy.

1. The Cantonal Police is responsible in the following cases

1. Ordering the auction of a found object (Art. 721 para. 2 Swiss Civil Code);

2. Receiving reports of found animals (Art. 720a para. 2 Swiss Civil Code);

3. Fulfilling additional tasks assigned to it by legislation.

1. The cantonal official notary's office is responsible for supervising the drawing of annuities to be repaid; it must fulfill the other duties assigned to it by legislation.

1. The Central Swiss Occupational Benefits and Foundation Supervisory Authority (ZBSA)[5] is responsible for

1. the supervision of foundations that, by their designation, belong to the canton or several municipalities (Art. 84 Swiss Civil Code);

2. the amendment of the organization or the purpose of a foundation (Art. 85 and 86 Swiss Civil Code).

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

1. Filing the action for annulment of marriage (Art. 106 CC);

1a. * Filing the action for annulment of registered partnership (Art. 9 para. 2 RPA);

1b. * Authorization of name changes (Art. 30 CC);

2. Ordering the preparation of an inventory (Art. 490 CC);

3. Approval of the public inventory (Art. 580 CC);

4. Fulfillment of additional tasks assigned to it by legislation.

1. The Executive Council is responsible in the following cases

1.-2. * ...

3. Filing a lawsuit for the dissolution of an association (Art. 78 Swiss Civil Code);

4.-5. * ...

6. Designation of the marital and family counseling center (Art. 171 Swiss Civil Code);

7. Approval of the pledging of public land and property (Art. 796 Swiss Civil Code);

8. Authorization of financial institutions and cooperatives to conclude livestock pledges (Art. 885 Swiss Civil Code);

9. Authorization to operate a pawn brokerage business (Art. 907 Swiss Civil Code);

10. * ...

10a. * Granting licenses for the use of ownerless land;

10b. * Granting licenses for the use of the underground;

11. Fulfillment of the further tasks assigned to it by legislation.

1. Publications Required by the Swiss Civil Code and This Law Are Made Through the Official Gazette.

1. The canton forms a civil status district.

2. It maintains a civil status office with its seat in Stans.

1. The competent directorate is the supervisory authority within the meaning of Art. 45 of the Civil Code.

2. The government council may delegate the fulfillment of the tasks according to Art. 45 paragraph 2 of the Civil Code to another canton.

1. The canton shall provide a dignified wedding venue.

2. The municipalities may, with the approval of the supervisory authority, provide their own wedding venue.

3. The civil registry office also conducts weddings on Saturdays.

1. The registers shall be maintained in the German language.

1. Anyone who finds a child of unknown parentage must immediately notify the Child and Adult Protection Authority.

1. If a person dies in their residential municipality, the death must be reported to the civil registry office or to the office designated by that municipality.

2. The office must promptly notify the civil registry office of the death in writing. The medical death certificate, as well as any other submitted documents, must be attached.

1. The registration, amendment, and deletion of personal status data of foreign persons residing or staying in the canton are reported to the competent cantonal office responsible for maintaining the records

1. by the cantonal civil registry office, if it is responsible for the certification;

2. by the municipal residents' registration office, if it receives the notification from an out-of-canton civil registry office.

1. Orders of the civil registry office can be appealed to the supervisory authority within 20 days after delivery.

2. Orders and appeal decisions of the supervisory authority can be appealed to the administrative court within 20 days after delivery.

1. Corporations and alpine cooperatives, as well as forest, water source, and field cooperatives and similar associations, acquire legal personality without registration in the commercial register with the approval of their articles or statutes by the governing council.

1. Corporation Citizenship, Voting and Electoral Rights, Share and Utilization of Corporation Assets, as well as the Organization and Administration of Corporations are governed by Corporation Legislation.

1. All legal relationships of alpine cooperatives, as well as forest, well, field cooperatives and the like (hereinafter referred to as cooperative) are governed by the bylaws and statutes, subject to provisions whose application is mandated by law.

2. Insofar as the bylaws and statutes contain no provisions, the regulations according to Articles 23-28 shall apply.

1. The bylaws or statutes must contain provisions regarding

1. Name and registered office;

2. Purpose;

3. Membership;

4. Bodies and representation;

5. Resources and liability.

2. In the bylaws of alpine cooperatives, provisions concerning the acquisition of alpine titles must also be included.

1. The assembly of voting members constitutes the supreme body.

2. It is convened by the board.

3. The convening follows the provisions of the articles of association or statutes and furthermore, by operation of law, if one-fifth of the members request it in writing and specify the matters to be addressed.

1. The board of directors is responsible for managing the affairs of the cooperative and representing the cooperative.

2. By law, the general assembly of the cooperative has the right to dismiss the board of directors before the end of their term of office if there is an important reason for doing so.

1. All voting members have the same voting right; the alpine cooperatives may stipulate in their bylaws that the chairperson has the deciding vote, even if he is not a member of the respective alpine community.

2. Resolutions are passed by an absolute majority of those voting.

3. Resolutions on matters not properly announced may only be made if expressly provided for in the bylaws or statutes.

1. Resolutions that violate the law, the articles of association, or statutes, or which annul or impair a right of a member of the cooperative, can be contested by any member of the cooperative who has not agreed to them, by operation of law, within 30 days from the time of awareness, before the competent civil judge.

1. The real property owned by alpine cooperatives, which serves the alpine economy, may not be sold.

2. The sale of a small portion of a parcel of land is exceptionally permissible for public or overall economic purposes, provided that no significant disadvantage arises for the alpine economy.

3. The sale may only proceed after obtaining the consent of two-thirds of the eligible voters present.

1. To the extent that cantonal legislation as well as the articles of association and statutes do not contain any provisions, the provisions concerning cooperatives in the Swiss Code of Obligations shall apply mutatis mutandis.

1. The cantonal Child and Adult Protection Authority is the independent specialist authority in accordance with Art. 440 of the Swiss Civil Code.

2. The governing council elects the president, the vice president, and at least three additional members.

3. The Child and Adult Protection Authority and its personnel are subject to the cantonal personnel legislation.

1. The Presidium

1. * manages the general administration;

2. * serves as the hiring authority for the staff in accordance with cantonal personnel legislation;

3. * issues general instructions on procedures and decisions;

4. * represents the Child and Adult Protection Authority externally.

5.-14. * ...

2. The Vice-Presidency acts as the deputy for the Presidium.

3. ...

1. The Child and Adult Protection Authority decides in a panel of three, unless the law prescribes a different composition.

2. The Child and Adult Protection Authority may decide in a panel of three for matters that, according to Art. 30b, generally fall within the individual competence of the procedural management.

3. The procedural management decides whether a decision will be made in a panel of three. The chairperson establishes the panel of three.

1. The Presidium assigns the conduct of proceedings to a member of the authority.

2. The individual responsibility of the conduct of proceedings includes the following matters concerning child and adult protection

1. the appointment of a guardian or a custodian, or an assistant or a deputy (Art. 298 para. 3, Art. 327a and Art. 400 et seq. Swiss Civil Code);

2. the appointment of a replacement for the guardian or custodian, or the assistant or deputy (Art. 403 para. 1 Swiss Civil Code);

3. the determination of compensation and reimbursement of expenses for guardians and custodians, or assistants and deputies (Art. 404 para. 2 Swiss Civil Code);

4. the preparation of an inventory (Art. 405 para. 2 Swiss Civil Code);

5. the ordering of the preparation of a public inventory (Art. 405 para. 3 Swiss Civil Code);

6. the examination of reports and accounts, or final reports and final accounts, including their approval or disapproval (Art. 415 and 425 Swiss Civil Code);

7. the dismissal of the guardian or custodian, or the assistant or deputy from office (Art. 422 and 423 Swiss Civil Code);

8. the release from the obligation to submit the final report and final account (Art. 425 para. 1 Swiss Civil Code);

9. the transfer or undertaking of an existing measure (Art. 442 para. 5 and Art. 444 Swiss Civil Code);

10. the ordering of provisional measures in cases of special urgency (Art. 445 para. 2 Swiss Civil Code);

11. the application for the ordering of an inheritance inventory (Art. 553 para. 1 no. 3 Swiss Civil Code);

12. the issuance of procedural decisions, such as notably decisions on legal aid, the ordering of an expert opinion, granting the right to access files and corresponding restrictions, or the appointment of a representative for proceedings before the Child and Adult Protection Authority (Art. 314abis, 449b and 449a Swiss Civil Code).

3. The individual responsibility of the conduct of proceedings includes the following matters concerning child protection

1. the application for the reorganization of parental custody in divorce or separation proceedings (Art. 134 para. 1 Swiss Civil Code);

2. the approval of maintenance agreements when parents are in agreement (Art. 134 para. 3 and Art. 287 Swiss Civil Code);

3. the approval of the reorganization of parental custody or guardianship when parents are in agreement (Art. 134 para. 3 Swiss Civil Code);

4. the application for the appointment of child representation in civil processes concerning child-related matters (Art. 299 para. 2 lit. b of the Swiss Code of Civil Procedure);

5. consent to the adoption of a child under guardianship or custody (Art. 265 para. 2 Swiss Civil Code);

6. receiving the consent declaration from the mother and father for adoption (Art. 265a para. 2 Swiss Civil Code);

7. the allocation of parental custody to the surviving parent (Art. 297 para. 2 Swiss Civil Code);

8. receiving the declaration on joint parental custody (Art. 298a para. 4 Swiss Civil Code);

9. the decision on measures to protect the child's assets (Art. 318 para. 2 and 3, Art. 320 para. 2, Art. 322 para. 2, and Art. 324 Swiss Civil Code);

10. the crediting of child-raising credits (Art. 52fbis of the Ordinance on Old Age and Survivors Insurance).

4. The individual responsibility of the conduct of proceedings includes the following matters concerning adult protection

1. the decision on the validity and effectiveness of an advance care directive, the suitability of the person assigned, as well as the interpretation and supplementation of the advance care directive, including the determination of compensation and expenses and the waiver of further measures (Art. 363 para. 2 no. 1-4, Art. 364 and 366 Swiss Civil Code);

2. approval of legal actions by the spouse and registered partner within the scope of extraordinary property management (Art. 374 para. 3 Swiss Civil Code);

3. decision on the prerequisites and scope of the representation rights of the spouse and registered partner (Art. 376 para. 1 and Art. 374 para. 1 and 2 Swiss Civil Code);

4. granting the authority to open mail and enter living quarters (Art. 391 para. 3 Swiss Civil Code).

1. The canton operates a professional guardianship service for the administration of guardianships.

1. The Child and Adult Protection Authority is under the supervision of the Directorate and reports to it annually on its activities.

2. The Directorate may

1. conduct inspections of the Child and Adult Protection Authority;

2. issue directives;

3. take any further supervisory measures.

1. Insofar as it is not already guaranteed by federal regulations, the oversight of residential and care facilities shall be governed by the provisions of social welfare legislation.

1. The procedure is governed by the Administrative Procedure Act, unless federal law applies.

1. The cantonal and municipal administrative authorities as well as the courts provide administrative assistance to the Child and Adult Protection Authority pursuant to Article 448 paragraph 4 of the Swiss Civil Code (ZGB).

2. The Child and Adult Protection Authority informs the municipality at the residence of the person concerned about the ordering and revocation of child and adult protection measures.

1. Liability within the context of official measures under child and adult protection law is governed by Art. 454 of the Swiss Civil Code.

2. The recourse of the canton against the person who caused the damage is governed by the provisions of the cantonal liability law.

1. An appeal may be lodged with the Administrative Court against

1. Placements, retentions, dismissals of petitions, as well as treatments and measures pursuant to Article 439 of the Civil Code;

2. Orders of the Child and Adult Protection Authority;

3. Orders of the Presidency of the Child and Adult Protection Authority.

1. The Child and Adult Protection Authority may order an outpatient measure for individuals with a mental disorder. In particular, it may require these individuals to

1. Take medication as medically recommended;

2. Regularly appear before a specific person or body;

3. Undergo therapy.

2. ...

3. It is to be periodically reviewed pursuant to Article 431 of the Civil Code.

1. The Child and Adult Protection Authority is responsible for ordering and discharging protective placements.

2. For a maximum period of six weeks, based on Art. 429 para. 1 of the Swiss Civil Code, physicians who are authorized to practice independently in the canton, as well as chief physicians, senior physicians, and attending physicians at the cantonal hospital, may also order a placement.

3. The decision must be delivered to the Child and Adult Protection Authority without delay.

1. The Child and Adult Protection Authority may, following an in-patient care placement for individuals with a mental disorder, order appropriate aftercare. It shall first obtain a report from the treating physician.

2. It may compel these individuals, in particular, to continue receiving outpatient medical treatment under medical supervision after their discharge from the facility.

3. The measure is to be periodically reviewed in accordance with Article 431 of the Civil Code.

1. If the Child and Adult Protection Authority orders adult protection measures, the affected person shall bear the costs of the proceedings and the ordered measures, including in particular

1. * the ordering, modification, and revocation of adult protection measures (official costs);

2. * the appointment of guardians or advisors, including compensation for managing the mandate;

3. * the acceptance of reports and accounts;

4. * the implementation of outpatient measures;

5. * the placement in an institutional facility.

2. The cost allocation for adult protection measures, which are covered by the Act on Services for Persons with Special Care Needs (Care Act, BetrG), is governed by the care legislation.

3. If the affected person is indigent, the canton bears the costs, except for a cost contribution for outpatient and inpatient measures. The affected person may claim this cost contribution from the municipality responsible for economic social assistance, or, within the scope of Art. 28 of the Social Assistance Act (Sozialhilfegesetz, SHG), from the canton.

4. The cost contribution according to para. 3 corresponds to the cost participation in accordance with the care legislation.

1. The canton bears the costs of child protection proceedings and the ordered or agreed child protection measures, particularly for

1. * the ordering, modification, and revocation of child protection measures (official costs);

2. * the appointment of guardians or assistants, including compensation for the management of the mandate;

3. * the acceptance of reports and accounts;

4. * the implementation of outpatient measures;

5. * the placement in a residential facility.

2. Obligated persons must bear a reasonable portion of the costs of outpatient or inpatient measures. The cost share corresponds to the cost participation according to the care act legislation.

3. If the obligated persons are indigent, they can claim their cost share from the municipality responsible for economic social assistance or, within the scope of application of Art. 28 SHG, from the canton.

1. Municipalities that are required to bear costs may claim these costs through civil proceedings from the relatives obligated to provide support pursuant to Art. 328 of the Swiss Civil Code (ZGB).

2-3

...

1. The judicial proceedings regarding protective placement are free of charge.

2. In cases of frivolous or vexatious challenges, official costs may be imposed on the appellant.

3. In judicial proceedings, the allocation of party costs is determined based on the factual circumstances at the time of the contested decision.

1. The right of guardians and advisors to compensation from the assets of the affected person is governed by Article 404, paragraph 1 of the Swiss Civil Code.

2. The Government Council issues implementing regulations in a implementing ordinance in accordance with Article 404, paragraph 3 of the Swiss Civil Code.

1. Powers of Attorney for Precautionary Measures pursuant to Art. 360 et seq. of the Swiss Civil Code (ZGB) can be deposited with the municipality of residence.

2. The deposited Powers of Attorney for Precautionary Measures must be registered by the depository and securely stored separately from other deposited documents.

3. A separate deposit must be established for each individual.

1. Mandates for future care to be deposited must be submitted in a sealed and clearly labeled envelope.

2. Each person must deposit a separate mandate for future care.

3. The depository is responsible for verifying the identity of the person issuing the mandate.

4. The depository has neither the right nor the obligation to review the content of the deposited documents.

1. The Deposit Institution is authorized to provide information about the deposit and to release a deposited advance care directive to

1. the principal;

2. a person authorized by the principal;

3. the competent child and adult protection authority, if proceedings concerning the imposition of adult protection measures are pending with respect to the principal.

2. The Deposit Institution will dissolve a deposit if a new advance care directive is not deposited within 30 days after the release.

1. Contracting parties must report their relocation without delay.

2. If the depository becomes aware of a contracting party’s relocation, it shall send the deposited advance directive to them with proof of delivery.

3. If a new address cannot be reliably determined, the deposited advance directive shall be retained for 10 years from the date of relocation; after this period, the deposited advance directive may be destroyed.

1. In the event of the death of the commissioning person, the depository shall dissolve the deposit due to its obsolescence and destroy its contents.

1. Fees are determined by fee legislation.

2. A one-time fee is charged for the establishment of a safe deposit box in the respective municipality of residence.

**1. The official involvement prescribed in the Swiss Civil Code for the safeguarding and division of an estate is the responsibility of the municipal partition authority; the jurisdiction of the Justice and Security Directorate and the department for public inventories remains reserved.**

2. The municipal partition authority consists of at least two members.

3. The municipal council appoints the municipal partition authority and regulates the authorization to sign. It may also elect members of the municipal council.

1. If the deceased leaves no heirs entitled to inherit, half of the estate shall pass to the canton; the other half shall pass to the commune of their last residence.

1. Dispositions upon Death May Be Deposited with the Municipality of Residence.

2. The procedural provisions regarding the deposition of advance care directives pursuant to Art. 46 et seq. shall apply mutatis mutandis with the following deviations

1. Multiple testators may submit inheritance contracts only jointly, and may demand their release only jointly as well;

2. Art. 48 para. 1 no. 3 is not applicable;

3. In the event of death, the depository authority is only entitled to provide information and hand over documents to the municipal division office;

4. In deviation from Art. 49 para. 2, inheritance contracts in the event of relocation of a surviving person, are to be sent only to the depository responsible for the new municipality of residence;

5. In deviation from Art. 49 para. 3, dispositions upon death are to be transferred to the municipal archive after a period of 10 years;

6. Art. 50 is not applicable.

3. The fees are determined according to the fee legislation[27].

1. Any oral will pursuant to Art. 506 of the Civil Code must be immediately submitted to the Cantonal Court as a single judge by one of the witnesses.

2. The Cantonal Court as a single judge must hand over the document drafted by the witnesses to the municipality of residence for safekeeping.

3. If the two witnesses inform the Cantonal Court as a single judge orally about an emergency will, a record of this must be made. This record must be handed over to the municipality of residence for safekeeping.

1. The municipal population registry forwards each notification of a death without delay to the communal partitioning authority.

1. The municipal partition authority shall expediently draw up an inventory in the cases pursuant to Art. 553 of the Civil Code.

1. The estate is to be sealed if the municipal partition authority deems it necessary or if one of the heirs expressly requests it.

1. All testamentary dispositions are to be opened within a period of one month from the time of submission.

2. The opening is conducted by the municipal estate authority; a record of the opening is to be kept.

1. The request of an heiress or heir to establish a public inventory must be submitted to the Department of Justice and Security.

1. If the Department of Justice and Security grants approval for the establishment of a public inventory pursuant to Art. 580 of the Swiss Civil Code, the Public Inventory Division shall order a summons to creditors through a public announcement.

2. The summons to creditors must be published in the Official Gazette and, if necessary, in other publication organs.

1. The costs of conducting the public inventory shall be borne by the estate.

2. If there is no or insufficient assets, the costs shall be borne jointly and severally by the applicants.

1. Official Involvement in the Division is Required When

1. * Minors are entitled to inherit;

2. * Heirs are under guardianship;

3. a creditor entitled under Art. 609 para. 1 of the Civil Code submits a request.

1. The municipal partition authority must maintain a record of the inheritance division in all cases of official involvement.

1. If the heirs cannot reach an agreement, the municipal partition authority shall form the parts, taking into consideration local customs, the personal circumstances, and the wishes of the majority of the heirs.

1. If the heirs cannot agree on the credit value of a property, it shall be determined by the cantonal tax office.

2. The procedure is governed by the provisions of the Tax Ordinance or the Federal Act on Rural Land Rights.

1. Decisions made by the municipal partition authority may be contested by lodging an objection within 20 days following the delivery of such decisions.

1. According to local customs, the following are considered integral parts of a building

1. everything that is bolted or nailed in or on a building, that is embedded in the wall or forms part of the wall;

2. ovens and stoves that are embedded in the floor and firmly built-in;

3. doors and windows belonging to the building;

4. all kinds of fixtures, facilities, and installations connected to the building.

1. The ownerless land and the subsoil are at the exclusive disposal of the canton.

2. Private rights are reserved.

1. The Use of Ownerless Land or the Subsoil by Third Parties Requires a Grant in Accordance with Art. 83c.

1. Subject to Granting Requirements

1. The excavation and operation of tunnels or caverns for the purpose of preparing sites for nuclear facilities, particularly storage locations for radioactive waste;

2. The construction of structures and the assembly of permanent installations.

1. Applicants seeking an award must submit an application for conferral to the Directorate for the attention of the Government Council.

2. The form and content of the application and the award certificate are regulated by the Landrat in an ordinance.

3. Buildings and permanent facilities pursuant to Art. 83c also require a permit in accordance with planning and construction legislation.

1. In connection with the granting of concessions, the canton levies concession fees and administrative charges.

2. The Landrat determines the amount of the annual concession fees and the administrative charges by means of regulation.

1. The Government Council designates the areas with permanent land displacements within the meaning of Art. 660a of the Swiss Civil Code.

2. An objection to the decision regarding the inclusion of a property in such an area can be filed with the Government Council within 20 days of notification.

3. The inclusion of a property in such an area must be noted in the land register.

1. Whoever carries out alterations to the terrain in the border area must protect the neighboring property through appropriate measures.

2. The building permit procedure is reserved.

1. In the case of excavations and embankments, the provisions of planning and construction legislation apply.

2. When establishing pits for the extraction of stones, gravel, sand, and other materials, the boundary distance must be at least three meters.

1. Freestanding deposits of building materials, wood, and other items that do not exceed a height of 2.00 meters must be at least 0.60 meters away from the boundary.

2. Deposits exceeding this height must be set back from the boundary by half of their excess height, but not more than 3 meters.

1. For trees and shrubs that the property owner plants or allows to grow, the minimum boundary distance must be

1. individual dwarf trees and shrubs that do not grow higher than 5 meters: 2 meters;

2. individual dwarf trees and shrubs that are not grown higher than 3 meters: 0.50 meters;

3. all other trees and shrubs: 4 meters.

2. Provisions according to Articles 95 and 96 remain reserved.

1. For plantings in the forest, the boundary distance is at least one meter.

2. When a forest is newly established, the distance must be at least

1. 30 m from building zones, building lines, and buildings;

2. 5 m from cultivated land;

3. 1 m in other cases, notably in relation to existing forest.

1. Overhanging branches and intruding roots may be cut and retained by the neighbor under Article 687 Paragraph 1 of the Swiss Civil Code; the neighbor is obliged to tolerate overhanging branches and intruding roots of fruit-bearing trees on undeveloped land, but he has the right to the fruits growing on the overhanging branches.

2. Fruits falling on public roads belong to the owner of the tree; he is obliged, upon request of the competent authority, to prune the overhanging branches in such a manner that the clearance over the road is 5 meters.

1. Green hedges are enclosures within the building zone.

2. Hedges are enclosures outside the building zone.

1. Fences required between two properties must be constructed and maintained by both adjacent property owners, each contributing half.

2. In the allocation of the fencing section, consideration must be given not only to the length of the section but also to the effort associated with each part of the section.

3. If the fencing is needed by only one adjacent property owner, that owner must construct and maintain it alone.

1. Along public roads, the obligation to erect fences rests with the adjoining property owners, unless other agreements have been made.

2. In the case of expropriation for a public road, the party subject to expropriation shall be compensated for the arising obligation to erect fences by the party responsible for road construction.

3. The provisions of the Road Act are decisive regarding the height of fences along public roads.

1. Enclosures that do not extend more than 1.50 m above the relevant terrain may be constructed at the boundary.

2. Enclosures that are to be erected and maintained by both adjoining parties may be placed on the boundary, provided they do not extend more than 1.50 m above the relevant terrain.

3. The boundary distance for free-standing walls, retaining walls, and enclosures that exceed 1.50 m above the relevant terrain shall be determined in accordance with the provisions of planning and building legislation.

1. Green hedges may be planted up to the boundary if the landowner ensures through pruning that they do not extend more than 1.50 meters above the relevant terrain and that no branches protrude into the neighboring property.

2. Green hedges that are erected on the boundary by both adjoining parties must be pruned annually so that they do not extend more than 1.50 meters above the relevant terrain and that the centerline does not shift beyond the boundary.

3. Green hedges that extend more than 1.50 meters above the relevant terrain must be maintained at a distance from the boundary equal to half their excess height, but no more than 3 meters.

1. An existing hedge may have a new tree or shrub planted at the boundary as a replacement for a removed tree or shrub.

2. The neighbor is entitled to cut overhanging branches up to a height of 3 meters, provided that the existence of the respective tree or shrub is not endangered as a result.

1. For enclosures, no wire with iron spikes, barbs, or similar materials may be used along public roads.

2. Along public footpaths and church paths, an enclosure may only be installed in such a way that a clearance of at least 0.90 m is maintained; if wire with iron spikes, barbs, or similar materials is used on both sides of the path, the distance from the edge of the path must be at least 1 m.

1. Cantonal Rights of Way Exist Without Registration in the Land Register.

2. However, if they are of a permanent nature, they are noted in the Land Register.

1. The landowner who claims a cantonal right of way is required to provide full compensation to the burdened party.

2. The entitled party is liable for any damage caused by the exercise of the right of way.

1. The claim is directed, in accordance with Article 694 paragraph 2 of the Swiss Civil Code, primarily against the neighbor for whom the granting of the right of way can be most reasonably expected due to previous ownership and way conditions, and secondly against the neighbor for whom the way is least harmful.

1. Anyone who wishes to exercise a cantonal right of way must notify their neighbor of their intention in a timely manner. They must exercise the utmost care and fully compensate for any possible damage.

2. In disputes regarding the existence or scope of the right of way, the civil judge shall decide.

3. The right holder may be required by the judge to provide a reasonable security, even if the right of way itself is not disputed.

1. The landowner is entitled to enter and temporarily use neighboring properties, insofar as it is indispensable for the construction, alteration, or maintenance of buildings, enclosures, and other facilities along the boundary.

2. Similarly, neighboring properties may be entered or temporarily used for the restoration, maintenance, or cleaning of wells, pipelines, and similar structures.

1. If the owner of remote properties or forests does not have adequate access from their land to a public road, they may claim the right to construct and operate a cableway or aerial cableway. This is to be granted by neighbors for the purpose of better management and enhancing productivity, in exchange for full compensation.

1. The winter road right permits the transport of loads during the period from November 20th to March 16th.

2. Only sleds may be used as means of transportation.

1. The Right of Logging Paths permits the transportation of wood through the lower-lying properties from November 20th to March 1st, when the ground is covered with snow or frozen.

2. If the ground over which the transport must occur is neither covered with snow nor frozen by mid-January, transport is allowed over snow-free ground from that point in time.

3. When exercising the Right of Logging Paths, the existing nearest logging routes must be used; if this is impossible or extraordinarily difficult, transport may proceed directly downhill from the stump.

4. If the transportation of wood is possible and reasonable on a road, the Right of Logging Paths can only be claimed up to this road; the wood must be transported via the road.

1. The Right of Way includes the right to store the transported wood at the end of the transportation route until the next possible removal, but no longer than until March 16.

1. The Right of Way entitles the use of roads with vehicles of any kind that have a width of no more than 2.50 m.

2. The Right of Way also includes the right to use footpaths in accordance with Art. 109.

1. The Right of the Cattle Drive Way authorizes the driving of cattle along the path.

1. The Right of Way entitles individuals to walk along the path and carry loads.

1. The easement registered as a public footpath under Article 781 of the Swiss Civil Code (ZGB) entitles anyone to walk along the path and to carry loads.

1. The Church Path Right entitles those individuals who inhabit the entitled properties to use the path for church attendance.

1. The servitude registered as a public road within the meaning of Art. 781 of the Swiss Civil Code (ZGB) entitles anyone to use roads with vehicles of any kind having a width of no more than 2.50 m.

2. The right to the public road also includes the public footpath right as well as the right for cattle paths according to Art. 110 and 108.

1. The Right to Watering Allows Bringing Livestock to the Water.

1. The Right to Turn permits vehicles of all kinds to make a turn.

1. The Timber Removal Right entitles the removal of felled timber using transport vehicles.

1. The pledging of public land, commons, pastures, and forests that are owned by municipalities or corporations is only permitted with the approval of the government council.

1. A statutory lien on real property, which takes precedence over all registered encumbrances, exists without registration

1. for the property or capital taxes attributable to a property in favor of the canton and municipality for a duration of two years from their due date;

2. for property transfer taxes and real estate gains taxes for a duration of two years from their due date;

2a. * for owed land registry fees and expenses for a duration of two years from their due date;

3. for premiums owed to the cantonal property insurance for a duration of two years from their due date;

4. for levies owed to the cantonal assistance fund for a duration of two years from their due date;

5. * for claims arising from concessions in accordance with the Water Law [34] for a duration of two years from their due date;

6. * for the operating and connection fees in favor of the holders of water supply and wastewater facilities for a duration of two years from their due date;

7. for claims arising from permits and grants in accordance with the Mining Law [35] for a duration of two years from their due date;

8. for contributions owed under cantonal legislation towards the costs of the construction, expansion, and operation of roads, land improvements, property consolidations, and wastewater disposal facilities for the duration of ten years from their due date;

9. for the costs of works executed in enforcement proceedings upon the instruction of the competent authority of the canton or municipality.

2. If multiple statutory liens are registered, they, even if dated differently, have the same entitlement to satisfaction from the collateral among themselves.

3. Statutory liens on real property not registered in the land register, exceeding 1,000 francs, which are not entered into the land register within four months of the due date of the underlying claim, but no later than within two years from the inception of the claim, cannot be asserted against third parties who rely in good faith on the land register after the expiration of the registration period.

1. Usual Interest Days for Mortgage Certificates and Land Charges are June 30 and December 31.

1. The Government Council is authorized to empower financial institutions and cooperatives to establish liens on livestock to secure their claims without transferring possession.

2. The protocol for livestock pledging is maintained by the Debt Enforcement Office.

1. The government council is responsible for granting permission to a public institution or a non-profit organization to operate a pawn brokerage business.

1. The Swiss woman who married before January 1, 1988, and held citizenship in Nidwalden as a single person can declare to the civil registry office of her former municipality of origin, by the end of 1988, that she is resuming her citizenship.

1. Any person may continue to inspect the matrimonial property register pursuant to Art. 248 of the Swiss Civil Code in the version of December 10, 1907, at the Commercial and Matrimonial Property Register Office.

2. The register of declarations of retention pursuant to Art. 127 no. 1 may be inspected by any person; the register of declarations of subordination pursuant to Art. 127 no. 2 may only be inspected by the spouses and their heirs.

1. Until the end of 1988, spouses who married before January 1, 1988, may submit the following joint written declarations to the Commercial and Property Law Registry Office

1. Retention of marital property regime according to Art. 9e of the Final Title of the Swiss Civil Code (ZGB);

2. Submission to the marital property regime of acquired property sharing according to Art. 10b of the Final Title of the Swiss Civil Code (ZGB).

1. Trees, shrubs, and green hedges that do not comply with the boundary distance regulations of this law and existed before January 1, 1912, or that were lawfully established at the time of the enactment of this law based on the provisions of the law of April 30, 1911, concerning the introduction of the Swiss Civil Code, do not need to be removed; the provisions regarding the right to cut and adjoining growth pursuant to Art. 90 are applicable.

1. The cantonal civil registry office begins its operations on October 1, 2003.

2. Until the transfer to the cantonal civil registry office, but no later than December 31, 2003, the civil registry offices of the municipalities will continue their current civil registry activities.

3. Until December 31, 2003, all civil status entries will be recorded under the previous civil registry districts.

4. In collaboration with the affected municipal councils, the supervisory authority issues the necessary directives related to the transfer of the municipal civil registry offices to the cantonal civil registry office, particularly the timeline.

5. The supervisory authority may authorize the current civil registrars to conduct marriages as extraordinary deputy civil registrars until December 31, 2005. The preparatory process is conducted in any case by a civil registry office.

6. Until the federal regulations on reporting requirements are revised, the civil registry office reports the registration, modification, and deletion of personal status data to the residents' control of the domicile or residence of the affected person and, for foreign individuals, additionally to the cantonal alien police.

1. The Cantonal Notarial Office transfers the testamentary dispositions deposited with it to the respective competent municipality of residence as of the effective date of the amendment of October 24, 2018.

1. The municipal council shall elect the partitioning authority within one year from the effective date of this amendment. Until that time, the partitioning authority shall consist of the existing members.

1. Articles 123 and 124 shall remain in force until such time as new legal provisions concerning homeland protection or provisions regarding advertisements come into effect.

1. The provisions concerning land associations according to Articles 99-112 of the Act of April 30, 1911, regarding the introduction of the Swiss Civil Code (Introductory Act to the Civil Code) shall remain in force.

1. Article 4 of the Law of April 27, 1969, on the Acquisition and Loss of Cantonal and Municipal Citizenship (Citizenship Law) is repealed.

1. The Executive Council shall issue the provisions necessary for the implementation of this law, particularly the fee schedule.

1. This law, with the exception of Paragraph 2, comes into force upon approval by the Federal Council and upon adoption by the Landsgemeinde.

2. Article 131 comes into effect retroactively as of January 1, 1988.

3. This law shall be published in the Official Gazette and included in the Compendium of Laws.

4. All provisions that conflict with this law are hereby repealed, particularly the law of April 30, 1911, concerning the introduction of the Swiss Civil Code; Article 130 remains reserved.