Act on the Introduction of the Swiss Civil Code

1. The jurisdiction of the authorities is determined in all cases where the Civil Code requires their decision or involvement, and this introductory law does not provide otherwise, according to the previous cantonal law.

2. To the extent that this law designates a municipal authority, municipalities may also utilize the forms of cooperation provided by the municipal law.

3. If the Civil Code authorizes the Federal Council to designate authorities, the specific designation of cantonal or municipal authorities falls under the jurisdiction of the Governing Council.

1. The municipal council clerks elected as document officers in the land registry by the municipal council and confirmed by the government council retain their authority until the end of the 1993/96 term of office or their premature departure from the position.

1. Estates from deaths occurring before the commencement of this Act shall be administered in accordance with the previous law.

1. The Municipal Council President is responsible for

1.-5. * ...

6. Swiss Civil Code (ZGB) Art. 721: Approval of the auction of found items

7. Swiss Civil Code (ZGB) Art. 885: Maintenance of the registration record for livestock pledges

1. The Municipal Council (or the commission appointed by it) is the competent authority in the following cases

1. CC Art. 84: Supervision of foundations belonging to the municipality according to their designation

2. * ...

3. * CC Art. 261: Defendant party in paternity proceedings

4.-5. * ...

6. CC Art. 690: Regulations on drainage

7. CC Art. 699: Issuance of prohibitions concerning the entry into forests and pastures

8. CO Art. 246: Request for the execution of a condition made by the donor in the interest of the municipality

2. ...

1. The Inheritance Authority is responsible in the following cases

1.-5. * ...

6. Swiss Civil Code (SCC) Art. 490: Ordering an inventory upon the appointment of substitute heirs

7. SCC Art. 550: Request for declaration of absence at the instance of the authority

8. SCC Art. 551: Ordering measures to secure the inheritance process

9. SCC Art. 556-559: Opening of testamentary dispositions (Art. 77 of the Act)

10. SCC Art. 570, 574-576: Acceptance and documentation of renunciations of inheritance and ordering additional measures

11. SCC Art. 580-592: Establishment of the public inventory

12. SCC Art. 595: Execution of the official estate liquidation

13. SCC Art. 602: Appointment of a representative for the community of heirs

14. SCC Art. 604: Ordering precautionary measures against an insolvent co-heir

15. SCC Art. 609: Participation in the partition of the inheritance on behalf of the debtor

16. SCC Art. 604: Formation of lots during the partition of the inheritance

17. SCC Art. 612: Ordering the auction of inheritance items

18. SCC Art. 613: Decision on the sale or allocation of specific items during inheritance partition

19. SCC Art. 618: Appointment of experts for the valuation of real estate

20. * ...

1. The municipal council of the place of residence or the municipality of origin is responsible for

1. * ...

2. Swiss Civil Code (ZGB) Art. 259 and Art. 260a: Contestation of Paternity Recognition

3. Swiss Civil Code (ZGB) Art. 269a: Contestation of Adoption

1. The Government Council designates the appropriate department or office for

1. * CC Art. 28c: Electronic Surveillance

1bis. * CC Art. 30: Approval of Name Changes

2. * CC Art. 84-86: Supervision of Foundations Belonging to Multiple Municipalities or the Canton; Amendment of the Organization or Purpose of a Foundation

3. * CC Art. 106: Filing a Lawsuit for Annulment of a Marriage

4. CC Art. 268: Pronouncement of Adoptions

5. * CC Art. 378: Reception and Review of Complaints by Local Guardianship Authorities

6. * CC Art. 660a: Designation of Areas with Permanent Ground Shifts

6bis. * CC Art. 669: Placement of Boundary Markers

7. * ...

8. * CC Final Title Art. 59 (7e): Approval of the Marriage of Foreigners

9. * CO Art. 406c: Approval and Supervision Concerning Professional Marriage or Partnership Brokering for Persons Abroad or to Persons Abroad

10. * CO Art. 515: Authorization of Lottery and Gambling Operations

11. * PartG Art. 9 para. 2: Filing a Lawsuit for Annulment of a Registered Partnership

2. and is the collective authority for

1. * ...

2. CC Art. 78: Instituting a Lawsuit for the Dissolution of an Association Due to Unlawful or Immoral Purposes

3.-4. * ...

5. CC Art. 885: Authorization of Financial Institutions and Cooperatives to Accept Livestock Pledges

6. * CC Art. 907 and 915: Authorization to Operate the Pawnshop Business and Issuance of Further Regulations

7. CC Art. 916-918: Authorization of Institutions to Issue Mortgage Bonds

8. CO Art. 246: Request for Execution of a Condition Imposed by the Donor in the Interest of the Canton or Several Municipalities

9. * CO Art. 324: Establishment of Standard Employment Contracts for Specific Types of Employment Contracts and Apprenticeship Contracts

10. * CO Art. 325: Supervision of the Execution of Apprenticeship Contracts with Minors and Wards

11. * CO Art. 482: Authorization for Warehouse Keepers to Issue Warehouse Certificates

12. * CO Art. 522 and 524: Recognition of Beneficiary Institutions, Approval of Admission Conditions and Services of Such Institutions

1. Where disciplinary authority is not governed by specific provisions, the municipal council holds the disciplinary power over the officials and employees under the supervision of each office and in interactions with third parties.

1. The public notarization is executed by

1.* the Commercial Registry Office at

a) CC Art. 81: Establishment of a foundation

b) CO Art. 629 et seq.: Formation of a corporation, limited partnership with share capital, and a limited liability company

c) CO Art. 647 et seq.: Corporate resolutions for corporations, limited partnerships with share capital, and limited liability companies

d) CO Art. 734 et seq.: Deeds of confirmation regarding events in commercial companies and cooperatives

e) Mergers Act Art. 20: Merger resolution

f) Mergers Act Art. 44: Division resolution

g) Mergers Act Art. 65: Conversion resolution

h) CISA Art. 37: Formation of an open-ended investment company (SICAV)

i) CISA Art. 111 para. 2: All publicly notarized facts concerning the closed-ended investment company (SICAF)

2.* the clerk of the inheritance authority or the Office of Justice and Municipalities at

a) CC Art. 184: Conclusion, amendment, and annulment of marriage contracts

b) CC Art. 195a: Preparation of an inventory

c) CC Art. 337: Conclusion of the agreement on the establishment of a community of heirs

d) CC Art. 499 and Art. 512: Creation of public wills and inheritance contracts

e) CC Art. 763: Preparation of an inventory of the objects of a usufruct

f) CO Art. 522: Conclusion of annuity contracts

g) PartG Art. 20 para. 1: Drawing up an inventory with a public document

h)* PartG Art. 25: Conclusion, amendment, and annulment of property contracts

3.* ...

4.* the Land Registry Office at

a) CC Art. 650: Legal transactions on the exclusion of the right to demand the dissolution of co-ownership

b) CC Art. 655a: Agreements on linking a co-ownership share with a main property

c) CC Art. 657 para. 1: Contracts regarding the transfer of ownership of real estate

d) CC Art. 657 para. 2: Donation / advance inheritance contracts regarding property transfers in the form of an inheritance contract

e) CC Art. 680 and Art. 681b: Abolition or alteration of legal ownership restrictions

f) CC Art. 712a et seq.: Legal transactions regarding condominium ownership

g) CC Art. 730 et seq.: Legal transactions regarding easements and servitudes, including agreements on renunciation of withdrawal from the community

h) CC Art. 793 et seq.: Legal transactions regarding liens on property

i) CO Art. 216: Conclusion of contracts concerning property purchase as well as pre-contracts and contracts establishing a preemption right with price limitation or a purchase or repurchase right over a property

j) CO Art. 243: Promises of donation concerning property or real rights in such properties

k) CO Art. 522: Conclusion of annuity contracts in connection with legal transactions on properties

l) CO Art. 628: Contribution in kind and acquisition of assets agreements concerning properties

m) BGBB Art. 39: Agreements on the imputation value and the abolition or amendment of the allocation claim

n)* BGBB Art. 48: Declaration by the tenant waiving the statutory preemption right before contract conclusion

o) Mergers Act Art. 70 para. 2: Asset transfer agreements concerning properties, provided the properties to be transferred are located in the Canton of Schaffhausen or the transferring company has its registered office in the Canton of Schaffhausen

p) Mergers Act Art. 104 para. 3: Deeds of confirmation regarding the fact that ownership of properties has passed to the acquiring legal entity

5.* the Child and Adult Protection Authority at

a) CC Art. 361: Establishment of a power of attorney for future health care

1. The public notarization of other legal transactions falls under the jurisdiction of the land registry office.

2. The official certification of signatures, excerpts from books, copies, and the like is performed according to existing legislation by the president of the municipal council or the official authorized by the municipal constitution for this purpose.

3. The right for official certification according to paragraph 2 is also vested in the land registrar and their deputy.

1. Municipalities are authorized to transfer the notarization of the transactions specified in Art. 21 No. 2 and the certification of the transactions provided for in Art. 23 Para. 2 to a special governmental office with the approval of the government council.

1. The documents to be notarized can be drafted by the parties themselves or their drafting can be entrusted to the official.

2. The official must ensure, in particular, that the identity and mental capacity of the persons appearing before him or their representatives are established.

3. Agents must present a power of attorney. The presentation of such power of attorney must be noted in the document itself.

4. The intention must be clearly and completely laid down in the document.

5. The notary official is responsible for the compliance with legal formalities and for the truthful representation of the proceedings he notarizes.

1. The public document must be personally signed by the participating persons.

2. If a participant is unable to sign, the notary officer must mention this circumstance in the document, stating the reason, and involve a witness.

3. In the notarization of agreements for the creation of a mortgage, the appearance of the debtor or their representative is sufficient. The involvement of the creditor can be replaced by a written declaration.

1. If the public document must be executed in a foreign language or one of the parties involved does not understand German, the document official shall summon a translator if they are not proficient in the foreign language or if one party requests it.

2. The translator must sign the document, which should state the reason for their involvement, and certify that the translation has been carried out diligently.

3. The translator may also serve as a witness.

1. The official certifies on the document that it contains the will of the parties as communicated to him and that it has been brought to the attention of the participants. He indicates the place and date of the document's execution and affixes his seal or stamp next to his signature.

2. The failure to comply with the requirement to affix a seal or stamp does not result in the invalidity of the documented legal transaction.

3. The special formal requirements of the Civil Code and their significance for the validity of certain legal transactions remain reserved.

1. Court clerks are required to maintain precise registers of the documents they produce. Certifications must be registered consecutively; authentications must be recorded in the authentication record.

2. If the original document does not remain with the court clerk, the essential content of the document must be noted in the register.

3. The governing council is authorized to declare the electronic issuance of public documents and authentications permissible and to enact the necessary regulations in this regard.

1. ...

2. The publications, public notices, and announcements prescribed by the Civil Code shall be made in the cantonal official gazette and, where the law requires, in the Swiss Official Gazette of Commerce.

2bis. For voluntary public auctions of real estate and movable property, it is sufficient to announce through the local bailiff, by public notice, or by publication in local newspapers.

2ter. ...

3. The competent authority shall determine how often the publication is to occur and whether it should also appear in other newspapers.

1. The Schaffhausen Police is responsible for ordering the immediate eviction of the offending person from the shared residence in the event of a crisis (Art. 28b para. 4 Swiss Civil Code). The procedure is governed by Art. 24a et seq. of the Police Organization Act.

1. The Procedure for Implementing Court-Ordered Electronic Monitoring According to Art. 28c of the Swiss Civil Code (ZGB) Shall be Governed by the Correctional Services Regulation.

2. The Enforcement Authority May Delegate the Technical Implementation of Electronic Monitoring to an Inter-Cantonal Agency.

3. Police Assistance May be Utilized for the Installation of Electronic Monitoring.

4. The Ordering Authority Shall Impose the Costs of Execution on the Endangering Person, Taking Into Account Their Financial Circumstances (Art. 28c Para. 4 ZGB).

1. The Canton of Schaffhausen constitutes a single civil registry district.

2. The government council regulates the administration of the civil registry office, the appointment of civil registry officials, and the fees.

3. It may delegate the administration of the civil registry office to a municipality.

4. The financing of the civil registry system is provided by the canton.

1. Field and Soil Improvement Cooperatives, Livestock Insurance Funds, and similar public-law cooperatives founded on special laws acquire legal personality according to the relevant laws and, where these laws do not specify, as soon as the intent to exist as a corporate body is evident from the statutes.

2. Pathway, Forest, and Water Association Cooperatives and similar entities that remain under the provisions of cantonal law as per Art. 59, para. 3 of the Civil Code obtain legal personality without registration in the commercial register through the approval of their statutes by the governing council. Already existing entities of this kind retain their legal personality; however, they must submit their statutes to the governing council for approval.

1. The provisions of Articles 53 to 58 and 64 to 79 of the Civil Code apply correspondingly to all these corporations, unless deviations result from special laws, the existence of partial rights of the members, or the following provisions.

1. In assemblies of corporations with partial member rights, voting shall occur based on partial rights rather than individuals.

2. In elections and resolutions, the majority of partial rights represented in the assembly shall decide.

3. Each full partial right is entitled to one whole vote. Fractions of a partial right have a voting right corresponding to their fractional number.

4. Unless the statutes provide otherwise, no person may represent more than one-third of all partial rights in a vote.

1. Representation in the Assembly of a Corporation with Partial Rights is Permitted. The representative must be competent to act and in possession of civil rights. It is not required for the representative to be a member of the corporation.

1. Memberships with Partial Rights are Transferable and Inheritable.

1. Contribution obligation is determined, unless otherwise specified, by the number and size of the shares to which each individual member is entitled.

1. Upon dissolution, the assets of the corporation shall be distributed to the members in proportion to their shares.

1. The debt collection assistance pursuant to Article 131 paragraph 1 of the Swiss Civil Code (ZGB) is the responsibility of the municipal council. The council may assign this task to another body or transfer it to a private debt collection agency.

1. Marriage and Family Counseling (Art. 171 CC) shall be conducted by private counseling centers. If necessary, the canton shall establish a counseling center.

1. Debt Collection Assistance According to Art. 290 of the Swiss Civil Code (ZGB)

The debt collection assistance pursuant to Art. 290 of the Swiss Civil Code (ZGB) is the responsibility of the municipal council. The municipal council may assign this task to another authority or delegate it to a private debt collection agency.

1. The municipality of residence shall provide children with maintenance advances upon request if the parents do not fulfill their maintenance obligations in a timely manner.

2. The canton contributes 30 percent to the advances that are not reimbursed.

3. The government council shall issue further regulations, particularly regarding the conditions and scope of the advances, by means of an ordinance.

1. The Executive Council designates the authority responsible for granting permission for the placement of foster children and issues the corresponding implementing provisions.

1. The Government Council designates the authority responsible for ensuring cooperation in youth welfare services and issues the corresponding implementing provisions.

1. Child and Adult Protection Law is implemented by the Child and Adult Protection Authority as the first-instance decision-making body and the Higher Court as the complaint and supervisory authority.

2. The organization and jurisdiction are governed by the Judiciary Act.

1. The proceedings before the Child and Adult Protection Authority are governed by Art. 443 et seq. of the Swiss Civil Code and the following provisions.

2. The appeal proceedings before the Supreme Court are governed by Art. 450 et seq. of the Swiss Civil Code and the following provisions.

3. Otherwise, the provisions of the Civil Procedure Code apply mutatis mutandis.

1. The proceedings are to be conducted expeditiously.

2. There are no court holidays.

1. Proceedings are not public.

2. The deliberations of the authority take place excluding the parties involved in the proceedings and the public.

1. An appropriate entity or person, who does not need to be a member of the Child and Adult Protection Authority, can be tasked with investigations.

2. They shall submit a brief report on their investigations to the authority. The authority then determines whether the proceedings are to be continued or discontinued.

3. The discontinuation shall be communicated to the parties involved in the proceedings, unless important reasons oppose this.

1. The chairperson of the overall authority or the chamber leads the proceedings. They may delegate the conduct of the proceedings to another member of the Child and Adult Protection Authority (KESB).

2. The members of the specialist secretariat support the conduct of the proceedings. They participate in the instruction of cases and in decision-making, have an advisory vote, prepare reports under the responsibility of the conduct of the proceedings, generally keep the minutes of the meetings, and edit the decisions.

1. The conduct of proceedings may also assign members of the specialized secretariat or other suitable persons to conduct hearings and witness examinations.

2. The essential content must be recorded in a protocol. In the case of children, only the results essential for the decision should be recorded. Recording devices may be used to assist with protocol keeping.

3. The protocol shall be signed by the person responsible for keeping the record.

1. If an order by the Child and Adult Protection Authority results in a change of the entry in the residents' register, the authority shall inform the municipality maintaining the register.

2. Before ordering child and adult protection measures that are likely to result in significant costs for the municipalities, particularly in the case of out-of-home placements, the competent professional guardianship authority shall be informed and the affected municipality shall be invited to provide a statement. Provisional measures remain reserved.

1. The decision of the Higher Court must be reasoned and communicated in writing to the parties involved in the proceedings. Prior to this, a pronouncement may take place orally or by delivery of the operative part.

2. If the decision is announced without a written justification, the Higher Court shall inform the parties involved in the proceedings that the decision will become final if no party requests a written justification within 30 days.

1. The costs of the Child and Adult Protection Authority consist of fees for official activities and any incurred expenses. The fee ranges between CHF 100.00 and CHF 10,000.00 and is determined by the effort and complexity of the case. The interests of the fee-bearing person and their financial capacity may be taken into account. Advance payments are generally not required.

2. Minors shall not be charged any costs. Costs may be imposed on the parents of affected minors, provided they are not indigent.

3. For sufficient reasons, fees can be waived in whole or in part. In cases of frivolous or reckless behavior, a fine of up to CHF 1,000.00 may be imposed along with the costs.

4. The Higher Court shall regulate the specifics.

1. In proceedings before the Child and Adult Protection Authority, party compensations are generally not awarded.

2. In the appeal proceedings before the Higher Court, a party compensation is to be awarded in the event of prevailing.

1. Municipalities operate professional guardianships. Collaboration between the municipalities is governed by the Municipal Law.

2. In the Canton of Schaffhausen, there are at most four professional guardianships. The professional suitability of the staff must be demonstrated through education or practice.

3. The workload of the professional guardians is at least 40 percent of a full-time position. The Child and Adult Protection Authority may grant exceptions.

4. Furthermore, the organization of the professional guardianship is the responsibility of the municipalities.

1. Professional Guardianships

a) assume the guardianship and administration mandates that the Child and Adult Protection Authority does not assign to a private mandate holder

b) ensure, in coordination with the Child and Adult Protection Authority, regular further training of professional guardians

c) notify the Child and Adult Protection Authority of persons in need of assistance

d) assist the Child and Adult Protection Authority with its preliminary assessments

2. The Child and Adult Protection Authority may take substitute measures at the expense of the professional guardianships in the event of default, particularly in the absence of a suitable professional guardian.

1. The compensation of the guardian amounts to between CHF 500.00 and CHF 3,000.00 per year, plus necessary expenses.

2. In particularly difficult circumstances that require extraordinary effort, higher compensation may be granted.

3. If the net assets are less than CHF 25,000.00, the compensation of the private guardian is initially paid from the state treasury; the Child and Adult Protection Authority annually recovers the amounts from the professional guardianships.

4. The government council regulates the details.

**1. The Child and Adult Protection Authority may at any time order an outpatient measure, provided it appears suitable to prevent institutionalization, retention, or relapse upon discharge. This includes, in particular, the following conditions:**

a) to report to an authority or specialized agency and provide them with information

b) to regularly seek professional advice or support, or to undergo therapy or detoxification

c) to take specific medications, provided the prerequisites of Art. 434 of the Civil Code are met

d) not to leave or to avoid a specific area

**2. The authority may authorize the guardian or other persons appointed by it to enter the residence of the affected person in their presence and to monitor compliance with the outpatient measure.**

**3. Outpatient measures are to be terminated when they have fulfilled their purpose. They generally become irrelevant in cases of welfare accommodation, and at the latest, two years after their imposition.**

1. In the event of non-compliance with the outpatient measure, the Child and Adult Protection Authority may order

a) a fine of up to CHF 1,000.00

b) compulsory enforcement

2. The authority must warn the affected person of the compulsory enforcement, granting an appropriate deadline for compliance beforehand. In urgent cases, it may dispense with such a warning.

1. In addition to the Child and Adult Protection Authority, involuntary commitment may be ordered for a duration of up to six weeks

a) by the district doctor or their deputy in cases pursuant to Art. 427 para. 2 and Art. 429 para. 1 of the Swiss Civil Code

b) by a physician licensed to practice independently in Switzerland in cases pursuant to Art. 429 para. 1 of the Swiss Civil Code

2. The medical decisions regarding commitment must be communicated to the Child and Adult Protection Authority.

1. If there is a risk of relapse, the attending physician shall apply for appropriate aftercare with the Child and Adult Protection Authority before discharge.

2. If the Child and Adult Protection Authority is responsible for the discharge, it shall obtain the opinion of the medical director regarding potential aftercare before making its decision.

1. The Recourse of the Canton Against the Person Causing Damage is Governed by the Liability Act. Private Assistants are Equated with Professional Assistants.

1. Inheritance Authority is usually the municipal council at the last residence of the decedent. It may appoint a special Inheritance Authority from its members, consisting of at least three members. This authority may perform its statutory duties either directly or through a representative elected by it.

2. The Supervisory Authority is the competent department designated by the Executive Council.

3. The Executive Council issues the necessary implementation regulations.

1. If the deceased leaves no heirs, one half of the estate shall pass to the canton, and the other half shall pass to the municipality of the deceased's last residence.

1. The civil registry office shall notify the inheritance authority of the last place of residence of the deceased about each death.

2. If known, it shall also inform the inheritance authority of who is expected to administer the estate.

1. The probate authority provides information on the procedure in all estate matters.

2. It takes the necessary measures to secure the inheritance.

3. In cases provided for by federal civil law (Art. 490 Para. 1, Art. 553 Para. 1 of the Swiss Civil Code) as well as in cases that give rise to the collection of inheritance tax, it draws up an official inventory.

4. The costs shall be borne by the estate. If the estate is not accepted, they shall be borne by the person who requested the security measure or the official inventory.

1. The Official Sealing of the Estate must be carried out when it is necessary to secure the rights and claims of the heirs.

1. Estate Administration and Representation of Heirs shall be ordered by the Inheritance Authority. It appoints estate administrators and representatives of heirs.

1. If it is not certain whether there are heirs or if all the heirs are known, the inheritance authority shall publicly call upon the entitled parties in an appropriate manner to come forward with regard to the inheritance within a period of one year.

1. The Opening of Dispositions Mortis Causa (Wills and Inheritance Contracts) and the Notification to the Parties are Conducted by the Inheritance Authority.

1. The Inheritance Authority Issues the Certificate of Inheritance

a) for statutory heirs as proof for the execution of legal transactions

b) for appointed heirs pursuant to Art. 559 of the Swiss Civil Code (ZGB)

1. Renunciation must be declared to the inheritance authority and recorded by them in a protocol.

2. The inheritance authority may, for important reasons, extend the deadline for renunciation of the inheritance or set a new deadline.

1. The request for the ordering of a public inventory must be submitted to the inheritance authority within a period of one month (Arts. 580, 570, and 567 para. 2 of the Swiss Civil Code).

2. The call for creditors must be published in the cantonal official gazette and, as necessary, in additional publication organs.

3. The public inventory shall be established according to the provisions regarding the official inventory.

1. The continuation of the decedent's business by an heir, as well as requests for security by co-heirs, is decided by the inheritance authority.

1. The costs of the public inventory shall be borne by the estate, and if it is insufficient, by the heirs who requested it.

1. The inheritance authority or the estate administrator appointed by it is responsible for carrying out the official liquidation.

2. An official inventory must be taken.

3. The costs are borne by the estate and, where this is insufficient, by the person who requested the official liquidation.

1. If an heir demands, the probate authority shall assist in the division of the estate. This is conducted at the request of the heir based on an official inventory, or in its absence, based on the estate assets specified by the heirs.

2. The assistance is provided in the form of mediation, with the objective of achieving a legally binding partition agreement.

3. In addition to the heirs, the probate authority can apply for the registration of the succession, the transfer of rights and burdens assigned by the division of the estate to real estate, as well as debt assumptions in the land register.

4. The costs shall be borne by the estate, and where the estate is insufficient, by the person who requested the assistance.

1. In case of disagreement about the formation of parts or lots, the inheritance authority shall form lots upon the request of an heir. The provisions of the Federal Act on Rural Land Law are reserved.

2. The auction of an item from the inheritance, requested by an heir, is ordered by the inheritance authority. Agricultural enterprises and properties may not be auctioned voluntarily (Art. 69 of the Federal Act on Rural Land Law).

3. If the heirs cannot agree on the manner and conditions of the auction, the inheritance authority shall decide.

4. The inheritance authority is competent for decisions according to Art. 613 of the Swiss Civil Code (ZGB).

5. The ordinary courts are competent for civil claims pursuant to Art. 82 of the Federal Act on Rural Land Law.

1. If a division agreement is not achieved and none of the heirs request the formation of lots, the inheritance division procedure will be discontinued. In this case, it is the responsibility of the heirs to file the partition action.

1. The restrictions generally established for the division of real estate also apply to the division under inheritance law.

2. A property that may not be further divided must be allocated to an heir on account or sold.

1. Where the law does not provide for a decision by the judge, an appeal may be lodged

a) with the inheritance authority against orders and measures of the estate administrator (Art. 554 and 595 of the Swiss Civil Code), the executor (Art. 517 ff. of the Swiss Civil Code) and the representative of the community of heirs (Art. 602 of the Swiss Civil Code)

b) with the competent department against orders and resolutions of the inheritance authority

2. The provisions on the appeal procedure pursuant to the Act on Legal Protection in Administrative Matters (Art. 16-29 VRG) shall apply mutatis mutandis to the appeal procedure.

1. Appeals against decisions by the department can be brought before the Higher Court through an administrative court appeal.

2. The procedure is governed by the provisions of the Law on Legal Protection in Administrative Matters (Art. 34-50 VRG).

**1. Public Use of Streets and Squares, Waters, and Riverbeds is governed by the Road Construction Act and the Water Act.**

1. The Mining Regality extends to all metallic ores, types of salt, and salt springs, as well as all fossil fuels and illuminants, such as sulfur, hard coal, brown coal, and oil shale.

2. Not included under the Regality: quarries, earths, saltpeter, medicinal springs, and peat.

1. If substances to which the mining rights apply are found on a property, the state may grant the mining privilege to the finder.

2. The grant is made for one or more substances and is determined by the circumstances, with specific limitations in terms of time and location, considering the facilitation of efficient exploitation and the regulation of reversion rights.

3. The governing council may set an appropriate concession fee, which is to be measured according to the exploitable output and the temporal and spatial extent of the grant.

4. The state may operate the exploitation itself. In this case, the finder is entitled to compensation for their efforts.

1. The landowner is entitled to compensation for all damages.

2. The determination of compensation is carried out according to the principles of expropriation law.

1. In the case of embankments or excavations at the boundary that alter the surface of the property, a minimum distance of 60 cm from the boundary must be maintained; the elevation or lowering must be given a slope, the gradient of which must not exceed the ratio of 2:3 (height to depth).

2. If suitable stabilization measures are taken, the slope may have a gradient up to the ratio of 3:2, depending on the stability of the soil.

1. The minimum distance from the border for new plantings is as follows

1. Forest trees: 7.5 m

2. Large ornamental trees: 7.5 m

3. Walnut trees: 7.5 m

4. Tall fruit trees: 3.5 m

5. Small ornamental and utility trees, shrubs, and hedges: half of their height, but at least 0.6 m

2. If a plot of land borders the vineyard zone, the minimum distances according to paragraph 1, numbers 1-4, shall be 7.5 m.

3. No minimum distance needs to be observed for plantings adjacent to forest land as per paragraph 1.

4. For new vineyards and intensive orchards, the minimum distance is half of their row spacing, but at least 60 cm for vineyards and 1 m for intensive orchards.

5. To ensure a natural riparian plantation of a body of water, the minimum distances according to paragraph 1 may be reduced, provided that the sunlight exposure of neighboring plots is not excessively impaired.

1. The provisions of the Building Act and the Forestry Act are decisive for the distances to be observed in constructions.

2. The further building regulations contained in the Building Act remain reserved.

1. Boundary structures may be placed at the boundary if they do not exceed a height of 1.5 meters. For higher boundary structures, a distance equivalent to half of the height exceeding 1.5 meters must be maintained.

2. For living enclosures, the minimum distances for shrubs and hedges apply as per Art. 93 a para. 1 no. 5. They must be regularly trimmed to the necessary size.

3. Structures on the boundary can only be erected with the consent of the neighbor. Co-ownership is presumed over such structures (Art. 670 of the Civil Code).

1. With the consent of the neighbor, the statutory minimum distances for embankments or excavations, plantings, and boundary installations may be reduced.

1. Claims arising from the failure to meet statutory minimum distances lapse five years after the planting of a tree in accordance with Art. 93a para. 1 nos. 1-4.

2. The claim for the trimming of small ornamental and fruit trees, shrubs, as well as hedges pursuant to Art. 93a para. 1 no. 5 and living enclosures (Art. 94a para. 2) does not lapse.

1. Minimum distances and permissible enclosures in relation to public roads and paths are determined by the legislation concerning roads.

1. The landowner may enter, drive on, or temporarily use other suitable properties if they are reliant on such access due to the absence of another approach for the management of their land or for the construction or maintenance of buildings, roads, plantings, or other facilities along the boundary.

2. The right of way shall be exercised after timely notification of the neighbor and with the utmost consideration. Compensation for damages must be provided.

1. Where stretch rights are still customary, agricultural machinery may be turned at the front end of the field up to 4 meters from the neighboring property.

2. Along the fields, a right to ride and tread may be claimed, provided that neither crops nor forage plants are growing on the neighboring property.

3. Stretch, ride, and tread rights must be exercised after timely notification of the neighbor and with the utmost care. Damage must be compensated.

1. **Partition Walls between Buildings or between Yards and Gardens**

Partition walls between buildings or between yards and gardens, unless otherwise agreed, are in co-ownership.

2. **Right to Build**

Where the right to build exists, each property owner has the right to erect a partition wall so that the center of the wall coincides with the boundary. The wall must be adapted externally to changed conditions, unless there is simultaneous construction. It must also be adapted if the partition wall, due to structural changes, serves only one property owner, and the ownership relations must be re-regulated.

3. **Rights of a Co-owner**

A co-owner of a joint wall is entitled to underpin or raise it in its entire thickness, provided this can be done without danger to the neighboring structure.

4. **Additions to the Wall**

If a wall is extended as per paragraph 3, the newly constructed section of the wall transitions into co-ownership. The other co-owner is only required to participate in the construction costs if the newly constructed section also serves their structure.

5. **Restrictions on Alterations**

Without the consent of the co-owner, the neighbor may not breach a joint wall, nor lean any work against it or support any work on it.

1. If a person is harmed or threatened with harm because a landowner exceeds their property rights (Art. 679, 684 ff. Swiss Civil Code), they may first seek the protection of the local police authority.

1. Disputes arising from the construction of water pipelines for private purposes shall be decided through ordinary legal proceedings, excluding the expropriation process (Art. 691-693 of the Civil Code).

1. The right of footpath includes the right to walk over the servient property or the designated footpath but does not include the right to ride, drive, or herd cattle. However, unless circumstances indicate a more extensive right, the burdened owner is not obligated to prune the trees along the footpath higher than 2 meters in the interest of the footpath right holder who wishes to carry heavy loads.

1. Beaten Paths Through Open Fields and Forests May Be Used by Any Pedestrian, Unless a Specific Prohibition Is Posted at the Path.

1. Whoever has a right of way is also permitted to ride upon the path and lead restrained livestock over it, but the right of way does not include the right to drag heavy loads or drive unrestrained livestock over it.

1. The so-called winter road (roadway in wintertime) is to be used, unless specific agreements specify otherwise, during the period from Martinmas to mid-March and generally only when the ground is covered with snow or is frozen. Exceptionally, if in mild winters no opportunity arises to use it by mid-February, it is permissible to drive over open ground with vehicles from that point onward, provided that no other road can be used without substantial difficulty.

1. The width of the paths and the extent of the free air space above them shall be determined according to local customs and necessity.

1. The grazing right can be terminated by the encumbered landowner at any time, provided that full compensation is given to the entitled party, whether by payment or by securing and paying interest on a sum of money equivalent to the estimated value of the right, or by the actual transfer of an equivalent portion of the obligated property to the entitled party.

1. If grazing rights extend over multiple connected properties belonging to different owners, an individual landowner is only entitled to terminate these rights against the will of the majority if they personally ensure, by fencing, the necessary enclosure of their property against the grazing livestock. However, if the majority of the relevant landowners decide on the termination, the minority must also comply with their decision.

1. A statutory lien exists without registration in the land register

a) in favor of the state and municipalities for the tax on real estate subject to their tax legislation

b) in favor of the cantonal building insurance for the insurance premiums

2. In both cases, the lien covers the taxes or premiums of the current year and the preceding four years.

3. The statutory liens take precedence over all other liens and rank equally among themselves.

4. The protection of the bona fide third party pursuant to Art. 836 para. 2 of the Swiss Civil Code remains reserved.

1. A right to establish a legal mortgage exists in favor of the cooperatives for land improvements with respect to the contribution mentioned in Article 108 of this law.

2. The registration of the mortgage must occur no later than six months after the due date of the contribution. It takes precedence over all other registered encumbrances.

1. The inheritance authority is authorized to delegate the determination of the imputed value of real estate during the division of an estate to the Office for Property Valuation (Art. 618 of the Swiss Civil Code).

1. In each municipality, a registry for the pledge of livestock is maintained by the President of the Municipal Council.

1. The land register shall be established according to the local municipalities.

2. The land register can be maintained using electronic data processing. Further details shall be determined by the government council in a regulation.

3. Electronic commerce is permitted at the land registry office.

1. There is a land registry office for the canton, responsible for maintaining the land registers of all municipalities.

2. The supervisory authority over the land registry system is the government council.

1. The Governing Council may initiate the public purification procedure (Art. 976c of the Swiss Civil Code) and regulate the procedure through an ordinance. In doing so, it may provide for further simplifications and deviations from federal law in accordance with Art. 976c para. 3 of the Swiss Civil Code.

1. Information regarding the transfer of ownership of real estate pursuant to Art. 970a of the Swiss Civil Code (ZGB) shall be published monthly in the cantonal official gazette. Further details are determined by the government council through regulatory means.

1. The costs of the land registry office are borne by the state.

2. The land registry office charges notarization, registration, and office fees for its official acts.

3. The following rates apply to notarization and registration fees

a) The fee for the public notarization of transfer of ownership contracts, preliminary contracts, contracts for purchase and repurchase rights, and mortgage agreements is 1‰ of the contract sum. If the tax value or the income value exceeds the transfer sum, it serves as the basis for calculation.

b) The fee for land registry entry is

1. for transfers of ownership, 6‰ of the contract sum or the tax or income value

2. for transfers of ownership to relatives in direct ascending or descending lines and to stepchildren of the transferor, 3‰ of the contract sum or the tax or income value

3. for transfers of ownership due to a marriage or property contract, legal transactions between spouses or registered partners, marital property settlements, inheritance proceedings, inheritance divisions, and legacies, 1‰ of the takeover price or the tax or income value

4. for mortgage rights, 2‰ of the mortgage amount

4. The government council regulates by ordinance

a) Minimum rates for the notarization and registration fees according to paragraph 3

b) The fees for other notarizations and registrations as well as other official acts of the land registry office

c) The procedure for fee collection; it may provide for the waiver or reduction of fees in special cases

5. The parties involved are jointly and severally liable for fees and cost reimbursement.

1. Land parcels that are not privately owned and those serving public use shall be officially recorded in the land register ex officio.

1. Voluntary public auctions of real estate may only take place with the involvement of a member of the municipal council.

2. The conduct of voluntary public auctions of movable property may be entrusted by the seller to an official designated for this purpose by the municipal council.

3. The auction officer shall maintain a record of the proceedings.

4. The auction officer is prohibited from making bids at an auction for themselves or on behalf of other persons.

1. A voluntary public auction of real estate must be announced at least three days prior to its occurrence.

2. The auction conditions must be read aloud before the commencement of each public auction.

3. The gratuitous provision of drinks and food before, during, or after a public auction is prohibited.

1. The granting and brokering of consumer credit are subject to authorization under federal law.

2. The Government Council regulates the jurisdiction as well as the specific conditions for authorization.

3. Anyone who grants or brokers consumer credit without authorization shall be punished with a fine of up to CHF 25,000.00.

1. The deposit of rent in accordance with Article 259g of the Swiss Code of Obligations (CO) may be made to

a) The Cantonal Conciliation Authority for Tenancy Matters

b) Any bank operating in the Canton of Schaffhausen, provided that the bank offers the corresponding service

2. The release of the deposited rent shall be based on a written authorization for release issued by the Conciliation Authority for Tenancy Matters or by a joint written declaration from both the tenant and the landlord.

1. Forms for notifying rent increases and other unilateral contract amendments, as well as for the termination of residential or commercial leases, are issued by the canton. They can be obtained from municipal offices.

2. Other forms may be used, provided they have been approved by the Office of Justice and Municipalities.

1. In the event of a housing shortage, the government council may declare the use of a form according to Art. 269d Swiss Code of Obligations mandatory when entering into a new rental agreement for the territory of the canton or parts thereof (Art. 270 para. 2 Swiss Code of Obligations).

1. The management of the commercial register is handled by a commercial register office.

2. Electronic transactions with the commercial register office are permitted in accordance with federal legal regulations.

3. Applications and documents submitted in paper form may be destroyed after they have been digitized and authenticated (media change).

4. The cantonal supervisory authority over the commercial register office is the Executive Council.

5. The authority responsible for the provisional prohibition of an entry in the commercial register according to Article 162 of the Commercial Register Ordinance is the single judge of the Cantonal Court.

1. Competent for the Record of Protests Regarding Bills of Exchange, Checks, and Similar Negotiable Instruments is the Commercial Register Office.

1. Inspection of Official Records is Governed by Articles 8a and 8b of the Law on the Organization of Governmental and Administrative Activities.

1. The inspection of a private document may be requested by anyone who appears as an interested party according to the content of the document and credibly demonstrates an interest in the inspection.

2. This particularly applies with regard to

a) the will, for all persons named therein and the statutory heirs

b) the documents, correspondence, receipts, and vouchers related to a legal transaction for the contracting parties

c) the invoices along with the supporting documents for the issuer and the recipient

d) the interest books of creditors for debtors

e) the business books of tradespeople and craftsmen not registered in the commercial register, for their customers, employees, journeymen, and workers

1. Anyone who credibly demonstrates an interest in the presentation of another movable thing may demand from the possessor of the thing that it be presented for inspection.

1. The risk and costs of presentation are borne by the party requesting it.

1. The party obligated to disclose is liable for all damage if they refuse to present without sufficient reason or if they deceitfully render it impossible.

1. Special Provisions on the Publicity of Registers Provided for in the Civil Code and on the Presentation of Business Books and Business Correspondence of Persons Registered in the Commercial Register Shall Remain Reserved.

1. The Property Regime Register pursuant to Art. 248 et seq. of the Swiss Civil Code as amended on December 10, 1907, is kept at the Cantonal Commercial Registry Office.

2. ...

1. With regard to the fixed pledge position, the new law applies as of January 1, 1912 (Final Title Art. 30 Swiss Civil Code).

1. The liens of the previous law remain in force; however, the mortgage debentures with uncertain creditor and uncertain purpose (real security documents) only remain valid in conjunction with the private documents handed to the creditor before January 1, 1912.

2. From this point in time, no new real estate lien relationships can be established with the aforementioned mortgage debentures.

3. The liens of the previous law that are adapted to the new law shall be registered in the land registry free of charge.

1. Until the introduction of the new land register, pursuant to Final Title Art. 48 of the Civil Code, the effect of entry into the land register required by the new law for the creation, transfer, amendment, and extinction of real rights shall apply to the following forms of the existing law

1. For the transfer of ownership, the entry in the land register Part I

2. For servitudes or encumbrances, the entry in the land register Part III (Servitude Protocol)

3. For liens, the entry in the register of mortgages (Pledge Protocol)

2. After December 31, 1911, the municipal council's certification shall no longer take place.

1. The diary pursuant to Article 948 of the Civil Code shall be introduced at the land registry office on January 1, 1912.

2. From the same date, to the extent that the existing facilities allow, the federal ordinance concerning the land register is to be applied.

1. The introduction of the federal land register is based on the official survey. The time will be determined by the Government Council.

2. The costs shall be borne by the landowners.

3. The procedure and the principles of cost allocation shall be determined by an ordinance of the Government Council.

1. The execution of the official survey is the responsibility of the canton. Further details shall be regulated by a decree of the cantonal council.

2. Data control lies with the canton. The administration and issuance of plans, data, extracts, and evaluations is its responsibility.

3. Anyone who obtains data, plans, extracts, or evaluations from the official survey must pay a fee to cover infrastructure costs as well as investment and maintenance costs.

4. The municipalities are not required to pay a fee when obtaining information for the purpose of performing their tasks.

5. The canton operates the cantonal geodata infrastructure based on the data from the official survey.

1. The costs of official surveying are borne by the canton at a rate of 15-25% for initial surveys and renewals.

2. The following are charged to the canton

a) The costs of additional requirements mandated by the canton, compared to the basic federal dataset

b) The costs remaining after the deduction of federal contributions for fixed points, provisional numbering, periodic updates, preparation of the overview plan, and maintenance of the components of the official survey

3. The canton may enter into agreements on cost-sharing for initial surveys and renewals with companies that develop properties with supply and disposal lines, as well as for communication media.

1. The municipality shall bear the remaining costs of the official surveying, after deducting the cost shares of the federal government and the canton, insofar as these cannot be charged to another cost bearer.

2. It may, by regulation, charge the landowners all or part of the remaining costs for the marking.

1. The costs of the updating work shall be charged to the parties responsible based on the effort involved, according to the rates recognized by the competent department.

1. The fees shall be determined by regulation of the governing council.

2. For fees in inheritance matters, the following applies in particular

a) For the preparation of the official inventory and the division of the estate, the inheritance authority charges a basic fee and a surcharge of a maximum of 4‰ of the inventoried net assets. This fee shall not exceed the amount of CHF 10,000.00; it is waived for the preparation of the official inventory solely for the purpose of levying inheritance taxes.

b) In cases of succession where no fee is charged for the official inventory preparation, the inheritance authority charges a basic fee and a surcharge of a maximum of 1‰ of the inventoried net assets for the determination of the heirs. This fee shall not exceed the amount of CHF 2,000.00.

c) Additionally, a state fee of a maximum of 50% of the fee according to letter a or letter b is charged.

3. The fee for the auditing of the annual accounts of a foundation pursuant to Articles 80-89 of the Civil Code by the supervisory authority is determined based on the balance sheet total. It amounts to at least CHF 150.00 and at most CHF 5,000.00.

1. For the establishment of a foundation, the formation of a corporation (Aktiengesellschaft) or a limited liability company (Gesellschaft mit beschränkter Haftung), as well as the increase or reduction of the nominal or equity capital, the fee amounts to 2‰ of the foundation's assets or the corporate capital or the amount by which the capital is altered, but at least CHF 500.00 and at most CHF 20,000.00.

2. Further details, as well as the fees for other authentications, are determined by the government council based on the labor and time expenditure, the significance, the degree of difficulty, and the asset value of the transaction to be authenticated, with the fee in individual cases amounting to a maximum of CHF 20,000.00.

1. Upon the entry into force of the Civil Code and this introductory law, all conflicting provisions of cantonal laws and ordinances are repealed.

2. In particular, the following are repealed, unless otherwise provided by the Civil Code or this law

a) the Private Law Code for the Canton of Schaffhausen

b) the Law concerning the Introduction of §§ 1-415 of the Private Law Code of December 20, 1864

c) the Law concerning the Introduction of the Third, Fourth, and Fifth Books of the Private Law Code of March 28, 1865

d) the Law concerning Amendments to the Third Book of Private Law of February 27, 1874

e) the Law concerning the Revision of Private Law in Relation to Extraordinary Guardianship of December 3, 1875

f) the Law on the Liability of Authorities, Officials, and Public Employees of May 30, 1854

1. This Introductory Law shall come into force upon its acceptance by the people and shall be enforced as of January 1, 1912.