Legislator · Canton of Solothurn — Cantonal Legislation
DE · FR · IT · EN Analyze in Legislator
211.1 ZGB CH-SO

A. Judicial Procedure (ZGB)

338 Articles / Provisions · Canton of Solothurn — Cantonal Legislation
Open official source ↗ Machine-readable Markdown (.md)

Table of Provisions (338)

§ 1 Act on the Introduction of the Swiss Civil Code § 2 Act on the Introduction of the Swiss Civil Code § 3 Act on the Introduction of the Swiss Civil Code § 4 Act on the Introduction of the Swiss Civil Code § 5 Act on the Introduction of the Swiss Civil Code § 6 Act on the Introduction of the Swiss Civil Code - b) In Other Cases § 7 Act on the Introduction of the Swiss Civil Code - 3. Of the Notary § 8 Act on the Introduction of the Swiss Civil Code § 9 Act on the Introduction of the Swiss Civil Code § 10 Act on the Introduction of the Swiss Civil Code § 11 Act on the Introduction of the Swiss Civil Code - II. Notaries § 12 Act on the Introduction of the Swiss Civil Code § 13 Act on the Introduction of the Swiss Civil Code § 14 Act on the Introduction of the Swiss Civil Code § 14bis Law on the Introduction of the Swiss Civil Code § 15 Act on the Introduction of the Swiss Civil Code - 5. Multiple Signatories § 16 Act on the Introduction of the Swiss Civil Code § 17 Act on the Introduction of the Swiss Civil Code § 17bis Law on the Introduction of the Swiss Civil Code § 18 Act on the Introduction of the Swiss Civil Code § 19 Act on the Introduction of the Swiss Civil Code § 20 Law on the Introduction of the Swiss Civil Code § 21 Law on the Introduction of the Swiss Civil Code - II. Inspection of the Original Document § 22 Law on the Introduction of the Swiss Civil Code - III. Copies § 22bis Law on the Introduction of the Swiss Civil Code - IV. Electronic Versions § 23 Act on the Introduction of the Swiss Civil Code § 24 Law on the Introduction of the Swiss Civil Code § 25 Act on the Introduction of the Swiss Civil Code - 2. Signatures of Officials, Authorities, and Notaries § 26 Act on the Introduction of the Swiss Civil Code - II. On the Certification of Copies and Extracts § 27 Act on the Introduction of the Swiss Civil Code § 28 Law on the Introduction of the Swiss Civil Code - C. Liability § 29 Act on the Introduction of the Swiss Civil Code § 29bis Law on the Introduction of the Swiss Civil Code § 30 Act on the Introduction of the Swiss Civil Code - A. Official Gazette § 31 Act on the Introduction of the Swiss Civil Code § 32 Act on the Introduction of the Swiss Civil Code § 33 Law on the Introduction of the Swiss Civil Code § 34bis Law on the Introduction of the Swiss Civil Code § 35 Act on the Introduction of the Swiss Civil Code § 36 Act on the Introduction of the Swiss Civil Code § 36bis Law on the Introduction of the Swiss Civil Code - II. Choice § 36ter Act on the Introduction of the Swiss Civil Code § 37 Act on the Introduction of the Swiss Civil Code - B. Supervision, Art. 45 SCC § 38 Act on the Introduction of the Swiss Civil Code § 39 Law on the Introduction of the Swiss Civil Code - D. Discovery of Foundlings § 41 Act on the Introduction of the Swiss Civil Code § 42 Act on the Introduction of the Swiss Civil Code § 43 Law on the Introduction of the Swiss Civil Code § 44 Law on the Introduction of the Swiss Civil Code § 45 Act on the Introduction of the Swiss Civil Code § 46 Act on the Introduction of the Swiss Civil Code § 47 Act on the Introduction of the Swiss Civil Code - G. Implementing Provisions § 48 Law on the Introduction of the Swiss Civil Code § 49bis Act on the Introduction of the Swiss Civil Code § 50bis Act on the Introduction of the Swiss Civil Code § 51bis Law on the Introduction of the Swiss Civil Code § 52bis Act on the Introduction of the Swiss Civil Code § 53bis Act on the Introduction of the Swiss Civil Code § 58 Act on the Introduction of the Swiss Civil Code § 59 Act on the Introduction of the Swiss Civil Code § 60 Act on the Introduction of the Swiss Civil Code § 60bis Act on the Introduction of the Swiss Civil Code § 60ter Act on the Introduction of the Swiss Civil Code § 61 Act on the Introduction of the Swiss Civil Code § 62 Act on the Introduction of the Swiss Civil Code § 67 Law on the Introduction of the Swiss Civil Code - A. Jurisdiction § 69 Act on the Introduction of the Swiss Civil Code § 72 Law on the Introduction of the Swiss Civil Code § 73 Act on the Introduction of the Swiss Civil Code § 74 Law on the Introduction of the Swiss Civil Code § 75 Act on the Introduction of the Swiss Civil Code § 76 Act on the Introduction of the Swiss Civil Code § 77 Act on the Introduction of the Swiss Civil Code § 78 Act on the Introduction of the Swiss Civil Code § 79 Act on the Introduction of the Swiss Civil Code - Right of Appeal § 80 Act on the Introduction of the Swiss Civil Code § 83 Law on the Introduction of the Swiss Civil Code § 84 Law on the Introduction of the Swiss Civil Code **§ 85 Act on the Introduction of the Swiss Civil Code - Costs** § 86 Act on the Introduction of the Swiss Civil Code - Substitute Claim of the Unmarried Mother § 87 Act on the Introduction of the Swiss Civil Code § 92 Act on the Introduction of the Swiss Civil Code - Supervision of Foster Children, Art. 316 CC § 93 Law on the Introduction of the Swiss Civil Code § 109 Law on the Introduction of the Swiss Civil Code § 110 Act on the Introduction of the Swiss Civil Code § 111 Act on the Introduction of the Swiss Civil Code § 112 Law on the Introduction of the Swiss Civil Code § 113 Act on the Introduction of the Swiss Civil Code - Power of Attorney for Precautionary Measures § 114bis Act on the Introduction of the Swiss Civil Code § 115 Law on the Introduction of the Swiss Civil Code § 116 Swiss Civil Code Introduction Act § 117 Law on the Introduction of the Swiss Civil Code - II. Obligation to Preserve and Surrender § 118 Act on the Introduction of the Swiss Civil Code - III. Late or Omitted Submission of Accounts § 119 Act on the Introduction of the Swiss Civil Code § 120 Act on the Introduction of the Swiss Civil Code - II. Amount of Compensation § 121 Law on the Introduction of the Swiss Civil Code § 122 Act on the Introduction of the Swiss Civil Code § 123 Law on the Introduction of the Swiss Civil Code § 124 Law on the Introduction of the Swiss Civil Code - II. Reporting Obligations § 125 Law on the Introduction of the Swiss Civil Code § 126 Act on the Introduction of the Swiss Civil Code § 127 Act on the Introduction of the Swiss Civil Code - II. Implementation and Adaptation to Changed Circumstances § 128 Act on the Introduction of the Swiss Civil Code § 129 Law on the Introduction of the Swiss Civil Code § 130 Law on the Introduction of the Swiss Civil Code § 131 Act on the Introduction of the Swiss Civil Code § 132 Law on the Introduction of the Swiss Civil Code - C. Organization of the Child and Adult Protection Authority § 133 Act on the Introduction of the Swiss Civil Code § 134bis Act on the Introduction of the Swiss Civil Code § 135 Law on the Introduction of the Swiss Civil Code - IV. Case Management § 136 Law on the Introduction of the Swiss Civil Code § 137 Law on the Introduction of the Swiss Civil Code § 138 Act on the Introduction of the Swiss Civil Code § 139 Law on the Introduction of the Swiss Civil Code - b) Other Members § 140 Act on the Introduction of the Swiss Civil Code § 141 Act on the Introduction of the Swiss Civil Code § 142 Law on the Introduction of the Swiss Civil Code - A. Reporting Obligations § 143 Law on the Introduction of the Swiss Civil Code § 144 Law on the Introduction of the Swiss Civil Code § 145 Law on the Introduction of the Swiss Civil Code § 146 Act on the Introduction of the Swiss Civil Code § 147 Act on the Introduction of the Swiss Civil Code - III. Lis Pendens and Conduct of Proceedings § 148 Act on the Introduction of the Swiss Civil Code § 149 Act on the Introduction of the Swiss Civil Code § 150 Law on the Introduction of the Swiss Civil Code § 151 Law on the Introduction of the Swiss Civil Code § 162 Law on the Introduction of the Swiss Civil Code § 164 Act on the Introduction of the Swiss Civil Code § 165 Law on the Introduction of the Swiss Civil Code - A. Public Testamentary Disposition § 166 Law on the Introduction of the Swiss Civil Code § 167 Act on the Introduction of the Swiss Civil Code § 168 Law on the Introduction of the Swiss Civil Code § 169 Act on the Introduction of the Swiss Civil Code § 170 Law on the Introduction of the Swiss Civil Code § 171 Law on the Introduction of the Swiss Civil Code § 172 Act on the Introduction of the Swiss Civil Code § 173 Act on the Introduction of the Swiss Civil Code § 174 Act on the Introduction of the Swiss Civil Code § 175 Law on the Introduction of the Swiss Civil Code § 176 Act on the Introduction of the Swiss Civil Code § 177 Act on the Introduction of the Swiss Civil Code § 178 Law on the Introduction of the Swiss Civil Code § 179 Act on the Introduction of the Swiss Civil Code § 180 Act on the Introduction of the Swiss Civil Code § 180bis Act on the Introduction of the Swiss Civil Code - d) Duty to Provide Information § 181 Act on the Introduction of the Swiss Civil Code § 182 Act on the Introduction of the Swiss Civil Code § 183 Act on the Introduction of the Swiss Civil Code § 184 Law on the Introduction of the Swiss Civil Code § 185 Act on the Introduction of the Swiss Civil Code § 186 Law on the Introduction of the Swiss Civil Code § 187 Law on the Introduction of the Swiss Civil Code § 189 Act on the Introduction of the Swiss Civil Code § 190 Law on the Introduction of the Swiss Civil Code § 191 Act on the Introduction of the Swiss Civil Code § 192 Act on the Introduction of the Swiss Civil Code § 192bis Law on the Introduction of the Swiss Civil Code § 193 Act on the Introduction of the Swiss Civil Code § 194 Law on the Introduction of the Swiss Civil Code § 195 Act on the Introduction of the Swiss Civil Code § 196 Law on the Introduction of the Swiss Civil Code § 197 Law on the Introduction of the Swiss Civil Code § 198 Act on the Introduction of the Swiss Civil Code - E. Delivery of the Inheritance § 199 Law on the Introduction of the Swiss Civil Code § 200 Law on the Introduction of the Swiss Civil Code § 201 Law on the Introduction of the Swiss Civil Code - C. Renunciation § 202 Act on the Introduction of the Swiss Civil Code § 203 Law on the Introduction of the Swiss Civil Code - E. Extension of Deadline § 204 Act on the Introduction of the Swiss Civil Code - F. Proclamation of the Acquisition of the Inheritance § 205 Act on the Introduction of the Swiss Civil Code § 206 Law on the Introduction of the Swiss Civil Code § 207 Act on the Introduction of the Swiss Civil Code § 208 Act on the Introduction of the Swiss Civil Code § 209 Act on the Introduction of the Swiss Civil Code § 210 Act on the Introduction of the Swiss Civil Code § 211 Law on the Introduction of the Swiss Civil Code § 212 Act on the Introduction of the Swiss Civil Code § 213 Law on the Introduction of the Swiss Civil Code § 214 Act on the Introduction of the Swiss Civil Code § 216 Swiss Civil Code Introduction Act § 218 Act on the Introduction of the Swiss Civil Code - A. Distribution of Assets § 219 Law on the Introduction of the Swiss Civil Code § 220 Act on the Introduction of the Swiss Civil Code § 221 Law on the Introduction of the Swiss Civil Code § 222 Act on the Introduction of the Swiss Civil Code § 223 Law on the Introduction of the Swiss Civil Code - F. Jurisdiction § 224 Act on the Introduction of the Swiss Civil Code - A. Estate Administrators, Heirs' Representatives, and Other Persons § 225 Act on the Introduction of the Swiss Civil Code § 225bis Law on the Introduction of the Swiss Civil Code - C. Executor § 226 Law on the Introduction of the Swiss Civil Code § 227 Law on the Introduction of the Swiss Civil Code § 227bis Act on the Introduction of the Swiss Civil Code § 227ter Law on the Introduction of the Swiss Civil Code - 2. Exclusion of Co-owners § 228 Law on the Introduction of the Swiss Civil Code § 229 Act on the Introduction of the Swiss Civil Code § 230 Law on the Introduction of the Swiss Civil Code - III. Jurisdiction § 231 Law on the Introduction of the Swiss Civil Code § 232 Act on the Introduction of the Swiss Civil Code § 232bis Law on the Introduction of the Swiss Civil Code § 233 Act on the Introduction of the Swiss Civil Code § 233bis Law on the Introduction of the Swiss Civil Code - 4. Waiver of Expropriation § 234 Act on the Introduction of the Swiss Civil Code § 235 Act on the Introduction of the Swiss Civil Code Section 236 Act on the Introduction of the Swiss Civil Code § 237 Law on the Introduction of the Swiss Civil Code § 237bis Law on the Introduction of the Swiss Civil Code § 239 Law on the Introduction of the Swiss Civil Code § 240 Act on the Introduction of the Swiss Civil Code § 244 Law on the Introduction of the Swiss Civil Code - A. Acquisition by Alluvion § 244bis Law on the Introduction of the Swiss Civil Code § 245 Law on the Introduction of the Swiss Civil Code - B. Extraordinary Prescription § 246 Act on the Introduction of the Swiss Civil Code § 247 Law on the Introduction of the Swiss Civil Code - A. Regalia § 248 Act on the Introduction of the Swiss Civil Code § 250 Law on the Introduction of the Swiss Civil Code - C. Official Surveying § 251 Law on the Introduction of the Swiss Civil Code § 253 Act on the Introduction of the Swiss Civil Code § 254 Law on the Introduction of the Swiss Civil Code § 255 Law on the Introduction of the Swiss Civil Code § 256 Law on the Introduction of the Swiss Civil Code § 257 Act on the Introduction of the Swiss Civil Code § 258 Act on the Introduction of the Swiss Civil Code § 259 Law on the Introduction of the Swiss Civil Code § 260 Act on the Introduction of the Swiss Civil Code § 261 Law on the Introduction of the Swiss Civil Code § 262 Law on the Introduction of the Swiss Civil Code § 263 Law on the Introduction of the Swiss Civil Code - E. Entering Forests and Pastures § 264 Law on the Introduction of the Swiss Civil Code § 265 Law on the Introduction of the Swiss Civil Code § 266 Law on the Introduction of the Swiss Civil Code § 267 Law on the Introduction of the Swiss Civil Code § 268 Law on the Introduction of the Swiss Civil Code § 268bis Law on the Introduction of the Swiss Civil Code § 269 Law on the Introduction of the Swiss Civil Code § 270 Act on the Introduction of the Swiss Civil Code § 271 Act on the Introduction of the Swiss Civil Code § 272 Law on the Introduction of the Swiss Civil Code § 273 Law on the Introduction of the Swiss Civil Code - A. Securing the Owner by the Usufructuary § 274 Law on the Introduction of the Swiss Civil Code § 275 Act on the Introduction of the Swiss Civil Code § 277 Act on the Introduction of the Swiss Civil Code § 278 Act on the Introduction of the Swiss Civil Code § 279 Act on the Introduction of the Swiss Civil Code § 280 Act on the Introduction of the Swiss Civil Code - B. Non-Pledgability of Administrative Assets § 281 Law on the Introduction of the Swiss Civil Code § 282 Law on the Introduction of the Swiss Civil Code § 283 Law on the Introduction of the Swiss Civil Code § 283bis Law on the Introduction of the Swiss Civil Code - 2. Procedure § 284 Act on the Introduction of the Swiss Civil Code § 285 Act on the Introduction of the Swiss Civil Code - 2. Order and Procedure § 286 Law on the Introduction of the Swiss Civil Code § 291 Act on the Introduction of the Swiss Civil Code - III. Place of Payment § 294 Act on the Introduction of the Swiss Civil Code § 295 Act on the Introduction of the Swiss Civil Code § 295bis Law on the Introduction of the Swiss Civil Code § 296 Law on the Introduction of the Swiss Civil Code § 297 Law on the Introduction of the Swiss Civil Code § 298 Law on the Introduction of the Swiss Civil Code § 299 Law on the Introduction of the Swiss Civil Code § 300 Law on the Introduction of the Swiss Civil Code § 301 Act on the Introduction of the Swiss Civil Code - F. Provisional Registration by Judicial Order § 303 Act on the Introduction of the Swiss Civil Code - H. Official Valuation of Real Estate § 304 Law on the Introduction of the Swiss Civil Code - A. Fulfillment of Obligations § 305 Act on the Introduction of the Swiss Civil Code § 306 Law on the Introduction of the Swiss Civil Code - B. Consequences of Non-Performance, Setting a Deadline in Case of Debtor's Default § 307 Act on the Introduction of the Swiss Civil Code § 308 Law on the Introduction of the Swiss Civil Code - A. Sale of Movables § 309 Law on the Introduction of the Swiss Civil Code § 310 Act on the Introduction of the Swiss Civil Code - III. Bar Debts, Non-enforceability, Rule and Exceptions Art. 186 CO § 312 Act on the Introduction of the Swiss Civil Code § 313 Act on the Introduction of the Swiss Civil Code § 314 Law on the Introduction of the Swiss Civil Code § 315 Law on the Introduction of the Swiss Civil Code § 316 Act on the Introduction of the Swiss Civil Code - 3. Publication § 317 Act on the Introduction of the Swiss Civil Code - 4. Auction Conditions § 318 Law on the Introduction of the Swiss Civil Code § 319 Law on the Introduction of the Swiss Civil Code § 320 Act on the Introduction of the Swiss Civil Code § 321 Law on the Introduction of the Swiss Civil Code § 322 Act on the Introduction of the Swiss Civil Code § 323 Act on the Introduction of the Swiss Civil Code § 324 Law on the Introduction of the Swiss Civil Code § 325 Law on the Introduction of the Swiss Civil Code - D. Barter Contract and Gift Contract, Real Estate § 326 Law on the Introduction of the Swiss Civil Code - A. Action for Enforcement of Conditions of Donation Due to Public Interests § 327 Act on the Introduction of the Swiss Civil Code § 328 Law on the Introduction of the Swiss Civil Code - A. Declaration of General Applicability of Collective Labor Agreements § 329 Act on the Introduction of the Swiss Civil Code § 330 Act on the Introduction of the Swiss Civil Code § 331 Law on the Introduction of the Swiss Civil Code § 332 Law on the Introduction of the Swiss Civil Code § 333 Law on the Introduction of the Swiss Civil Code § 334 Act on the Introduction of the Swiss Civil Code § 335 Law on the Introduction of the Swiss Civil Code - A. Setting a Deadline for Remedies in Case of Non-compliant Execution § 336 Law on the Introduction of the Swiss Civil Code - B. Determination of Defects After Delivery of the Work § 337 Law on the Introduction of the Swiss Civil Code - Time Limit for New Impositions § 337bis Law on the Introduction of the Swiss Civil Code § 338 Law on the Introduction of the Swiss Civil Code - A. Objection to Consigned Commission Goods, Determination and Sale § 339 Law on the Introduction of the Swiss Civil Code - B. Auction of Commission Goods in Case of Unsellability or Revocation § 340 Act on the Introduction of the Swiss Civil Code - A. Sale of Goods in Cases of Delivery Obstacles, Risk of Deterioration, and Depreciation § 341 Act on the Introduction of the Swiss Civil Code § 342 Act on the Introduction of the Swiss Civil Code § 343 Act on the Introduction of the Swiss Civil Code § 344 Act on the Introduction of the Swiss Civil Code § 345 Act on the Introduction of the Swiss Civil Code § 346 Act on the Introduction of the Swiss Civil Code § 347 Law on the Introduction of the Swiss Civil Code § 348 Law on the Introduction of the Swiss Civil Code § 349 Act on the Introduction of the Swiss Civil Code § 350 Law on the Introduction of the Swiss Civil Code § 351 Law on the Introduction of the Swiss Civil Code § 353 Act on the Introduction of the Swiss Civil Code § 354 Law on the Introduction of the Swiss Civil Code - B. Recognition § 355 Law on the Introduction of the Swiss Civil Code § 356 Introduction Act to the Swiss Civil Code § 358 Law on the Introduction of the Swiss Civil Code § 359 Act on the Introduction of the Swiss Civil Code § 360 Act on the Introduction of the Swiss Civil Code § 361 Law on the Introduction of the Swiss Civil Code § 362 Law on the Introduction of the Swiss Civil Code § 363 Law on the Introduction of the Swiss Civil Code § 363bis Act on the Introduction of the Swiss Civil Code § 364 Law on the Introduction of the Swiss Civil Code § 366 Law on the Introduction of the Swiss Civil Code § 368 Law on the Introduction of the Swiss Civil Code § 368bis Act on the Introduction of the Swiss Civil Code § 368decies Act on the Introduction of the Swiss Civil Code § 368novies Law on the Introduction of the Swiss Civil Code § 368octies Act on the Introduction of the Swiss Civil Code § 368quater Act on the Introduction of the Swiss Civil Code - C. Amendment and Supplement of the Code of Civil Procedure § 368quinquies Act on the Introduction of the Swiss Civil Code § 368septies Act on the Introduction of the Swiss Civil Code § 368sexies Act on the Introduction of the Swiss Civil Code § 368ter Act on the Introduction of the Swiss Civil Code § 370 Law on the Introduction of the Swiss Civil Code - B. Railway Transport Act § 371 Law on the Introduction of the Swiss Civil Code - C. Fee Schedule § 372 Law on the Introduction of the Swiss Civil Code - D. Title for Enforcement Proceedings § 373 Act on the Introduction of the Swiss Civil Code § 374 Act on the Introduction of the Swiss Civil Code - F. Commencement

Statutory Text (250 of 338 Provisions)

Introduction: General Provisions - Procedures and Authorities
§ 1 Act on the Introduction of the Swiss Civil Code - A. Judicial Procedure Official ↗

1. Insofar as this law does not provide otherwise, the Swiss Code of Civil Procedure applies to cases assigned to the judge for decision by the Civil Code.

Introduction: General Provisions - Procedures and Authorities
§ 2 Act on the Introduction of the Swiss Civil Code - B. Administrative Procedure and Jurisdiction I. General Provisions Official ↗

1. The law delineates the jurisdiction of the Government Council, the departments, the district offices, the legal offices, the child and adult protection authorities, the municipal presidencies of the resident municipalities, and the civil registry offices.

2. The procedure is regulated by ordinance to the extent that it is not established by this law or the Law on Legal Protection in Administrative Matters of November 15, 1970.

Introduction: General Provisions - Procedures and Authorities
§ 3 Act on the Introduction of the Swiss Civil Code - II. In Cases of Doubt Official ↗

1. If there are doubts regarding the jurisdiction of the individual administrative authorities or about the procedure, the government council shall decide.

2. It may also issue general directives.

Introduction: General Provisions - Public Certification - The Notaries
§ 4 Act on the Introduction of the Swiss Civil Code - A. Jurisdiction 1. General Official ↗

1. Public Authentication is conducted

a) by the court clerk, the debt enforcement and bankruptcy officer, or a notary public, unless this law declares the court clerk or the notary public to be exclusively responsible;

b) by the court president, the civil status officer, or the municipal clerk of the residential municipality in cases specifically provided for by this law.

2. In the sense of this law, a notary public is understood to be someone who is licensed as a notary and authorized by the government council to practice notarial services.

2bis The government council regulates the examination and licensing, as well as the prerequisites for practicing notarial services, in an ordinance. The notary acts independently, in his or her own name, and on his or her own responsibility.

3. The authority of the court clerk is equivalent to that of his or her deputies who are licensed as notaries.

Introduction: General Provisions - Public Certification - The Notaries
§ 5 Act on the Introduction of the Swiss Civil Code - 2. Of the Registrar a) In Contracts Regarding Real Estate Official ↗

1. The district clerk is solely responsible for the public notarization of legal transactions concerning real estate that is located wholly or predominantly within his jurisdiction. Exceptions to this are preliminary contracts for purchase agreements, marriage contracts, asset agreements according to Article 25 of the Partnership Act (PartG) of June 18, 2004, as well as contributions in kind and takeover agreements, which can also be notarized by a notary.

2. If there are multiple properties located in different jurisdictions, the notarization is carried out by the district clerk who is approached for it.

3. The notarization must occur at the office seat. Exceptionally, the district clerk may notarize contracts concerning properties within his jurisdiction at another location in the canton.

Introduction: General Provisions - Public Certification - The Notaries
§ 6 Act on the Introduction of the Swiss Civil Code - b) In Other Cases Official ↗

1. In all other cases, the notary public who is approached first shall have jurisdiction; the notarization is to take place at his office, except in special circumstances at another location within the canton.

Introduction: General Provisions - Public Certification - The Notaries
§ 7 Act on the Introduction of the Swiss Civil Code - 3. Of the Notary Official ↗

1. The notary is authorized to perform public notarizations throughout the entire territory of the canton.

Introduction: General Provisions - Public Certification - The Notaries
§ 8 Act on the Introduction of the Swiss Civil Code - B. Recusal Provisions Official ↗

1. A public notary must recuse themselves, subject to federal recusal provisions, in the following situations

a) in their own matters;

b)* in matters concerning their spouse, fiancée, registered partner, a person with whom the notary has a domestic partnership, relatives and in-laws in direct ascending and descending lines without limitation, as well as relatives and in-laws in the collateral line up to the third degree according to Roman calculation;

c) in matters of general and limited partnerships in which they are involved;

d) in matters of a natural or legal person for whom they are the legal representative or agent, either alone or with others.

2. In the case of voluntary auctions, the grounds for recusal relate only to the relationship between the public notary and the auctioneer.

3. In the event that a mortgage debt is assumed in a conveyance contract, the aforementioned relationships between the notary and the creditor do not constitute grounds for recusal.

Introduction: General Provisions - Public Certification - The Notaries
§ 9 Act on the Introduction of the Swiss Civil Code - C. Liability Official ↗

1. The authenticating officers are liable for the accuracy of the facts they witness and for the adherence to the statutory forms under the same civil liability as the officials and employees of the state.

2. However, the state is not liable for any damage caused by a notary not employed by the state.

Introduction: General Provisions - Public Certification - The Notaries
§ 10 Act on the Introduction of the Swiss Civil Code - D. Supervision I. Court Clerk Official ↗

1. The management of the chancery offices is subject to the supervision of the High Court.

2. The management is specifically regulated by an ordinance of the Government Council.

Introduction: General Provisions - Public Certification - The Notaries
§ 11 Act on the Introduction of the Swiss Civil Code - II. Notaries Official ↗

1. Notaries are subject to the supervision of the Government Council. The Government Council regulates the particulars by ordinance, specifically regarding professional duties, licensing prerequisites, grounds for revocation, security deposits, liability, supervision, the notarization procedure, and the retention of public documents.

2. The courts, law enforcement, and administrative authorities shall report to the Government Council any incidents that constitute a breach of notarial duties or could result in the loss of the prerequisites for a notary's professional practice license. In particular, the following shall report

a) The courts and law enforcement authorities: the criminal conviction of a notary for a crime or offense;

b) The debt enforcement and bankruptcy offices: the issuance of loss certificates against a notary.

3. The Government Council and the State Chancellery may inform other authorities, especially notarial oversight authorities of other cantons and judicial authorities, about an oversight procedure. They may also obtain procedural records from other authorities if deemed necessary for the exercise of supervision.

Introduction: General Provisions - Public Notarization - The Notarization
§ 12 Act on the Introduction of the Swiss Civil Code - A. Notarization of Declarations of Intent 1. Preparation Official ↗

1. The notary shall thoroughly prepare the notarization with the utmost diligence.

2. Specifically, they shall ascertain the intent of the parties, inform them about the form and significance of the legal transaction, strive for the resolution of inconsistencies and ambiguities, and ensure that the will of the parties is clearly and completely expressed.

3. The notary may have the document prepared by qualified employees.

Introduction: General Provisions - Public Notarization - Notarization
§ 13 Act on the Introduction of the Swiss Civil Code - 2. Language Official ↗

1. The public document must be drafted in one of the three official languages of the Confederation.

2. If not all persons are proficient in the language in which the public document is drawn up at the time of its creation, a translator must be appointed if the official cannot perform the translation themselves. The translator must state the reason for their involvement in the document, sign it, and attest that the translation has been diligently performed.

3. The translator may also serve as a witness. The disqualification provisions of § 8 apply to the translator.

Introduction: General Provisions - Public Notarization - Notarization
§ 14 Act on the Introduction of the Swiss Civil Code - 3. Notarization Process Official ↗

1. The notarization shall be conducted without significant interruption.

2. Before signing, the document shall be read aloud to the parties in the presence of the notary or read by them personally.

3. The notary shall ascertain that the contents of the document have been understood and correspond to the true intentions of the parties.

4. The parties shall sign the document before the notary. Multi-page documents shall be initialed by the parties. Further provisions of federal law remain reserved.

5. If a party is unable to sign, they shall affix their mark. If they are also unable to do this, it shall be recorded by the notary.

6. The disqualification reasons for witnesses shall be as per § 8.

Introduction: General Provisions - Public Notarization - Notarization
§ 14bis Act on the Introduction of the Swiss Civil Code - 4. Representation Official ↗

1. The parties may, provided that representation is legally permissible, be represented by competent third parties.

2. The representative must provide a written power of attorney, certified by a notary upon request.

Introduction: General Provisions - Public Notarization - Notarization
§ 15 Act on the Introduction of the Swiss Civil Code - 5. Multiple Signatories Official ↗

1. If multiple persons are required to sign a document, the signing does not need to occur simultaneously. Until all have signed, each signature is revocable.

Introduction: General Provisions - Public Notarization - Notarization
§ 16 Act on the Introduction of the Swiss Civil Code - 6. Signing in Pledge Contracts Official ↗

1. For the notarization of contracts for the establishment of a real estate lien, the signature of the owner of the property to be encumbered, or their representative, is required. The involvement of the creditor can be replaced by a written declaration, which must be indicated in the document.

Introduction: General Provisions - Public Notarization - Notarization
§ 17 Act on the Introduction of the Swiss Civil Code - 7. Conclusion of the Notarization Official ↗

1. When the document is signed, the notary public, along with the place and date, affixes their signature.

Introduction: General Provisions - Public Notarization - Notarization
§ 17bis Act on the Introduction of the Swiss Civil Code - B. Other Forms of Authentication Official ↗

1. The competent supervisory authority shall issue, as necessary, supplementary provisions concerning other forms of certification.

Introduction: General Provisions - Public Notarization - Notarization
§ 18 Act on the Introduction of the Swiss Civil Code - C. Original Document and Copy I. Custody of the Original Document 1. By the Notary Official ↗

1. The notaries are obligated, subject to Article 1040 of the Swiss Code of Obligations (CO) and § 348 of this law, to keep the original documents in order. The documents are to be numbered and paginated, and periodically compiled into protocol volumes. The regulations concerning the commercial register remain reserved.

2. The originals of testamentary dispositions are to be kept separately, and a special record is to be maintained for them. A notification that a testamentary disposition has been made must be sent to the competent clerk at the testator’s place of residence. Upon the testator’s death, a certified copy is to be handed to the clerk of the last place of residence, who will archive it with the inventory record or, if applicable, with the certificate of insolvency. Article 510, paragraph 1 of the Swiss Civil Code (CC) remains reserved.

3. The originals of power of attorney mandates are to be kept separately. A special record is to be maintained for them.

Introduction: General Provisions - Public Notarization - Notarization
§ 19 Act on the Introduction of the Swiss Civil Code - 2. By the State Chancellery Official ↗

1. Upon the death of a notary or the cessation of notarial practice, the State Chancellery shall immediately demand the notarial records and originals of testamentary dispositions.

2. The State Chancellery shall preserve the delivered notarial records while maintaining the confidentiality of office.

Introduction: General Provisions - Public Notarization - Notarization
§ 20 Act on the Introduction of the Swiss Civil Code - 3. By the Official Agency[[1]](#articletitle_text_fn_1123346_2_1_c) Official ↗

1. The records of the official notaries are archived by the respective authorities.

Introduction: General Provisions - Public Notarization - Notarization
§ 21 Act on the Introduction of the Swiss Civil Code - II. Inspection of the Original Document Official ↗

1. Anyone who can demonstrate a legitimate interest may inspect the original document with the notary or the state chancellery, provided that it is not to be kept confidential by its nature and intended purpose.

2. If access to inspection is denied, an appeal to the administrative court is permissible.

Introduction: General Provisions - Public Notarization - Notarization
§ 22 Act on the Introduction of the Swiss Civil Code - III. Copies Official ↗

1. The certifying officer or the State Chancellery may issue copies of the document to legitimate interested parties.

2. The copy must be designated as such. It must include the place and time of its issuance as well as the date of the creation of the original document.

3. Section 21 applies accordingly.

Introduction: General Provisions - Public Notarization - Notarization
§ 22bis Act on the Introduction of the Swiss Civil Code - IV. Electronic Versions Official ↗

1. The Governing Council may, by regulation, authorize notaries to create electronic copies of public documents they have executed, in accordance with federal law provisions.

2. It shall regulate the details by regulation, namely the scope of notaries who are authorized or obligated to offer electronic copies, as well as the procedure and responsibilities concerning the entry in the Swiss Register of Notaries.

Introduction: General Provisions - Public Notarization - Notarization
§ 23 Act on the Introduction of the Swiss Civil Code - D. Notarization of Sureties Official ↗

1. For the notarization of suretyships, the special provisions of §§ 343-350 shall apply.

**Introduction: General Provisions - The Certification**
§ 24 Act on the Introduction of the Swiss Civil Code - A. Jurisdiction I. For the Notarization of Signatures 1. Private Signatures Official ↗

1. For the authentication of signatures and marks from private individuals, the office clerks, bankruptcy and debt enforcement officials, administrative officers of the district offices, notaries, as well as the presidents and clerks of the resident municipalities are competent. Resident municipalities may also assign this competence, through a legislative regulation, to the vice president and deputy municipal clerks.

2. If authentication by a cantonal authority is required or requested, the state chancery is responsible. Authorized signatories are those persons named in § 25 letter b.

**Introduction: General Provisions - The Certification**
§ 25 Act on the Introduction of the Swiss Civil Code - 2. Signatures of Officials, Authorities, and Notaries Official ↗

1. For the certification of signatures of officials and authorities as such, as well as of notaries, the following are responsible

a) The head of the district office and their deputy for the signatures of municipal officials, municipal authorities, and district bailiffs;

b) The state secretary and employees designated by him/her of the state chancellery for the signatures of the heads of district offices, notaries, civil status officials, and their deputies, as well as all officials and authorities not mentioned in letter a, and for the certification of documents intended for abroad.

**Introduction: General Provisions - The Certification**
§ 26 Act on the Introduction of the Swiss Civil Code - II. On the Certification of Copies and Extracts Official ↗

1. Authorization for the certification of copies and extracts of a private nature is vested in the cantonal clerks, administrative officers of the cantonal offices, notaries, as well as the presidents and municipal clerks of the local municipalities. The local municipalities may, in a regulatory ordinance, also grant this authority to the vice president and deputy municipal clerks.

2. Authorization for the certification of copies of official documents and extracts from official records is vested in: the head and authorized officials of the competent office or the president and secretary (minute-taker) of the competent authority.

3. The special provisions of federal law remain reserved.

**Introduction: General Provisions - The Certification**
§ 27 Act on the Introduction of the Swiss Civil Code - B. Recusal Official ↗

1. The Certification is inadmissible

a) in one's own matter;

b)* in matters concerning one's wife, fiancée, registered partner, a person with whom the certifying officer has a de facto domestic partnership, children, and parents.

**Introduction: General Provisions - The Certification**
§ 28 Act on the Introduction of the Swiss Civil Code - C. Liability Official ↗

1. The certifier is responsible for the authenticity of the signature and the correctness of the copy or excerpt in the same manner as the notarial officers.

2. Section 9, paragraph 2 shall apply mutatis mutandis.

**Introduction: General Provisions - The Certification**
§ 29 Act on the Introduction of the Swiss Civil Code - D. Requirements for Notarization Official ↗

1. A signature may only be certified if it has been affixed in the presence of the certifying officer, if the issuer personally acknowledges it as their own, or if the authenticity is beyond doubt in some other way.

2. A copy or an excerpt may only be certified by someone who has examined and compared the original document.

**Introduction: General Provisions - The Certification**
§ 29bis Act on the Introduction of the Swiss Civil Code - E. Electronic Certifications Official ↗

1. The Executive Council may, by ordinance, authorize notaries to certify copies and extracts (copies) as well as signatures electronically, in accordance with the provisions of federal law.

2. It shall regulate the details by ordinance, namely the circle of notaries who are authorized or obliged to offer electronic certifications, as well as the procedure and responsibilities concerning the registration in the Swiss register of notaries.

**Introduction: General Provisions - The Legal Publications**
§ 30 Act on the Introduction of the Swiss Civil Code - A. Official Gazette Official ↗

1. In the absence of a specifically designated publication organ, the public announcements, invitations, and notices required by the Civil Code and by this law must be published in the "Official Gazette of the Canton of Solothurn."

2. The competent authority may, at its discretion, order repeated publication. Where such is prescribed, it must occur at least twice at reasonable intervals, in the absence of specific regulations.

**Introduction: General Provisions - The Legal Publications**
§ 31 Act on the Introduction of the Swiss Civil Code - B. Other Bodies Official ↗

1. The competent authority shall decide at its discretion whether the publication should occur once or repeatedly in other media, particularly in newspapers, in addition to the official gazette.

Introduction: General Provisions - The Civil Code as Supplementary Law
§ 32 Act on the Introduction of the Swiss Civil Code Official ↗

1. For civil legal relationships whose regulation is left to cantonal law, the Civil Code serves as supplementary law.

**Introduction: General Provisions - Supervision** If you have any more text to translate, feel free to provide it!
§ 33 Act on the Introduction of the Swiss Civil Code - Supervision of Lawyers. Official ↗

1. The supervision of lawyers is governed by special legislation.

Part One: The Law of Persons - Title One: Natural Persons - Section One: The Right of Personality
§ 34bis Act on the Introduction of the Swiss Civil Code - B. Name Change, Art. 30 SCC Official ↗

1. The Department decides on name changes.

2. The district court president is responsible for lawsuits challenging a name change.

**Part One: The Law of Persons - Title One: Natural Persons - Section One: The Law of Personality**
§ 35 Act on the Introduction of the Swiss Civil Code - C. Declaration of Disappearance, Art. 35-38 SCC Official ↗

1. Applications for a declaration of presumed death are decided by the President of the District Court.

2. The President of the District Court issues the public summons, if necessary in conjunction with the call to heirs.

Part One: The Law of Persons - Title One: Natural Persons - Section Two: The Documentation of Civil Status
§ 36 Act on the Introduction of the Swiss Civil Code - A. Organization of Civil Status Matters, Art. 44 - 47 and 49 SCC I. Ordinance Official ↗

1. The delineation of civil status districts, the compensation of part-time civil status officers and their deputies, as well as the establishment and supervision of civil status offices, shall be regulated by ordinance of the Council of State.

2. The Council of State may determine that the family registers of neighboring civil status districts be maintained by a single civil status officer; it may also decide on the fully or partially centralized maintenance of the family register. It shall consult the affected municipalities beforehand.

Part One: The Law of Persons - Title One: Natural Persons - Section Two: The Registration of Civil Status
§ 36bis Act on the Introduction of the Swiss Civil Code - II. Choice Official ↗

1. If the municipal code does not stipulate otherwise, the civil status officer is elected by the municipal council. In civil status districts that comprise several municipalities, the district municipalities jointly determine the election procedure; if they cannot agree, the election procedure is regulated by the government council; the election is organized by the municipality of the official seat.

2. The deputyship of the civil status officers is regulated by the government council.

Part One: The Law of Persons - Title One: Natural Persons - Section Two: The Registration of Civil Status
§ 36ter Act on the Introduction of the Swiss Civil Code - III. Cantonal Civil Status Offices Official ↗

1. The Executive Council may establish cantonal civil registry offices by ordinance. It regulates the transfer of duties from the civil registry offices (§ 36 and § 36bis) to the cantonal civil registry offices. The employment of cantonal civil registry officials and their deputies is governed by the legislation on state personnel.

Part One: The Law of Persons - Title One: Natural Persons - Section Two: The Documentation of Civil Status
§ 37 Act on the Introduction of the Swiss Civil Code - B. Supervision, Art. 45 SCC Official ↗

1. The supervision of the civil status offices is exercised by the competent department.

2. The government council may establish an office for civil status matters. It regulates the competencies of this office in an ordinance.

3. Appeals against orders and decisions of the office for civil status matters can be filed with the competent department.

Part One: The Law of Persons - Title One: Natural Persons - Section Two: The Documentation of Civil Status
§ 38 Act on the Introduction of the Swiss Civil Code - C. Rectification, Art. 42 SCC Official ↗

1. Actions for the entry of disputed details regarding personal status, for correction, or for deletion of an entry are adjudicated by the District Court President.

Part One: The Law of Persons - Title One: Natural Persons - Section Two: The Documentation of Civil Status
§ 39 Act on the Introduction of the Swiss Civil Code - D. Discovery of Foundlings Official ↗

1. The notification regarding the discovery of a child of unknown parentage shall be directed to the President of the municipal council.

**Part One: The Law of Persons - Title Two: Legal Entities - Section One: General Provisions**
§ 41 Act on the Introduction of the Swiss Civil Code - A. Law of Personality Commons Associations and Similar Entities, Art. 59 para. 3 SCC Official ↗

1. Communal cooperatives, mountain and rights communities, as well as similar corporations, acquire legal personality with the approval of their statutes by the competent department. Registration in the commercial register is not necessary.

2. The statutes must contain provisions regarding

a) Name and seat;

b) Purpose;

c) Bodies and representation;

d) Means and liability;

e) Division of rights into fractions.

**Part One: The Law of Persons - Title Two: Legal Entities - Section One: General Provisions**
§ 42 Act on the Introduction of the Swiss Civil Code - B. Organization Official ↗

1. The corporate assembly, in which each member has voting rights, constitutes the highest authority. The assembly is convened according to the stipulations of the statutes, as often as the interest of the corporation requires it or when 1/5 of the members demand it.

2. The corporate assembly has the right to dismiss board members at any time, if there is an important reason for doing so.

**Part One: The Law of Persons - Title Two: Legal Entities - Section One: General Provisions**
§ 43 Act on the Introduction of the Swiss Civil Code - C. Procedure Official ↗

1. Validity of Decisions by the Organs

For the validity of decisions by the organs, it is required that all members be invited to the meeting in accordance with the statutes. Decisions are made by an absolute majority of votes, unless exceptions are provided. In the corporation assembly, each full share of legal entitlement is entitled to one whole vote. Fractions of a share confer a voting right corresponding to the fraction.

2. Corporative decisions that violate the law or the statutes may be challenged by any member who did not agree, within one month of becoming aware of them, by bringing an action before the judge.

3. This right to challenge also belongs to any holder of a legal entitlement against decisions of the entitlement community, by which he or she believes their acquired rights are being infringed.

**Part One: The Law of Persons - Title Two: Legal Entities - Section One: General Provisions**
§ 44 Act on the Introduction of the Swiss Civil Code - D. Disposition over Corporation Assets and over Rights Official ↗

1. The corporation, as such, has the right to decide on the administration and use, as well as the alteration, pledging, and disposal of corporate property. The disposal of corporate property in a corporation municipality requires the consent of at least 3/4 of all entitled owners. For boundary adjustments or land transfers and similar matters, a simple majority vote of those present is sufficient.

2. Corporate real estate may only be pledged for the financing of value-enhancing expenditures. The approval of the State Chancellery is required for this. These pledges take precedence over all charges on entitlements.

3. The establishment of new entitlements requires a unanimous decision of all entitled owners.

4. The division of the corporate property of corporation municipalities is excluded.

**Part One: The Law of Persons - Title Two: Legal Entities - Section One: General Provisions**
§ 45 Act on the Introduction of the Swiss Civil Code - E. Registration Treatment of Rights Official ↗

1. The shares of rights exist for an indefinite period and are inheritable and freely transferable. They are considered equivalent to immovable property as defined in Article 655 paragraph 2 number 2 of the Swiss Civil Code and are to be recorded in the land register according to the instructions of the High Court.

**Part One: The Law of Persons - Title Two: Legal Entities - Section One: General Provisions**
§ 46 Act on the Introduction of the Swiss Civil Code - F. Dissolution of Legal Corporations Official ↗

1. To dissolve legal corporations, the consent of at least 3/4 of all legal entity holders is required.

2. The corporation's assets are distributed among the legal entity holders according to their shares.

**Part One: The Law of Persons - Title Two: Legal Entities - Section One: General Provisions**
§ 47 Act on the Introduction of the Swiss Civil Code - G. Implementing Provisions Official ↗

1. The Executive Council shall issue the necessary implementing provisions.

**Part One: The Law of Persons - Title Two: Legal Entities - Section Two: Associations**
§ 48 Act on the Introduction of the Swiss Civil Code - Contestation of Association Resolutions, Dissolution of an Association Art. 75 and 78 SCC Official ↗

1. The district court shall decide on lawsuits contesting a resolution of an association and on the dissolution of an association due to unlawful or immoral purposes.

2. The governing council is responsible for initiating lawsuits ex officio aimed at dissolving an association.

First Part: Law of Persons - Second Title: Legal Entities - ... - Third Section: Foundations
§ 49bis Act on the Introduction of the Swiss Civil Code - Supervision Official ↗

1. The competent department exercises supervision over

a) Classical foundations according to Articles 80-89 of the Swiss Civil Code (ZGB), which by their purpose belong to the Canton of Solothurn or a part thereof;

b) Public law foundations, which by their purpose belong to the Canton of Solothurn, a part thereof, or a municipality.

2. The government council shall issue the necessary regulations by ordinance for the exercise of supervision according to paragraph 1.

3. The supervision of occupational benefit institutions is subject to the agreement between the Cantons of Aargau and Solothurn concerning BVG (Occupational Benefits Act) supervision.

First Part: Law of Persons - Second Title: Legal Entities - ... - Third Section: Foundations
§ 50bis Act on the Introduction of the Swiss Civil Code - Amendment of Organization, Purpose, Conditions, and Requirements (Art. 85, 86, 86a, and 86b SCC) as well as Revocation (Art. 88 SCC) Official ↗

1. The government council decides on the amendment of the organization (Art. 85 of the Swiss Civil Code) or the purpose of a foundation, as well as on the abolition or amendment of conditions and stipulations attached to a foundation (Art. 86 of the Swiss Civil Code).

2. The department decides on the change of a foundation's purpose at the request of the founder or based on their testamentary disposition according to Article 86a of the Swiss Civil Code. It also makes minor amendments to the foundation documents as per Article 86b of the Swiss Civil Code.

3. The government council decides on the dissolution of foundations in accordance with Article 88 paragraph 1 numbers 1 and 2 of the Swiss Civil Code.

First Part: Law of Persons - Second Title: Legal Entities - ... - Third Section: Foundations
§ 51bis Act on the Introduction of the Swiss Civil Code - Public Law Foundations Official ↗

1. Articles 83-86, 86b, 88 paragraph 1 number 1, and 89bis of the Swiss Civil Code (ZGB) as well as §§ 49bis et seq. of this law shall apply mutatis mutandis to public law foundations of cantonal and municipal law.

2. The authority competent to amend the purpose (Art. 86 para. 1 ZGB), to amend the organization (Art. 85 ZGB), or to dissolve a public law foundation of cantonal and municipal law (Art. 88 para. 1 no. 1 ZGB) is the one that established the foundation. If the purpose of such a foundation has become unlawful or immoral (Art. 88 para. 1 no. 2 ZGB), the government council shall dissolve the foundation.

First Part: Law of Persons - Second Title: Legal Entities - ... - Third Section: Foundations
§ 52bis Act on the Introduction of the Swiss Civil Code - Family Foundations, Ecclesiastical Foundations (Art. 87 CC) Official ↗

1. Public law of the canton shall be reserved for family foundations and ecclesiastical foundations.

First Part: Law of Persons - Second Title: Legal Entities - ... - Third Section: Foundations
§ 53bis Act on the Introduction of the Swiss Civil Code - Legal Protection Official ↗

1. Appeals against decisions of the Government Council or the Department may be lodged with the Administrative Court.

Part Two: Family Law - First Section: Marriage Law - Third Title: Marriage Ceremony - Third Section: Preparation for Marriage Ceremony and Wedding
§ 58 Act on the Introduction of the Swiss Civil Code - Implementing Provisions, Art. 103 SCC Official ↗

1. The Governing Council enacts the necessary implementing provisions by regulation.

Part Two: Family Law - Chapter One: Marriage Law - Title Three: Entering into Marriage - Section Four: Nullity of Marriage
§ 59 Act on the Introduction of the Swiss Civil Code - Claim, Art. 106 CC, Art. 9 para. 2 PartA Official ↗

1. The action for nullification ex officio shall be brought by the public prosecutor.

2. If the action is brought by a third party, the public prosecutor's office must be notified.

3. The government council is authorized to issue instructions to the public prosecutor's office.

Part Two: Family Law - First Section: Marriage Law - Fourth Title: Divorce and Separation
§ 60 Act on the Introduction of the Swiss Civil Code - Enforcement. I. Assistance with Collection, Art. 131 CC Official ↗

1. The Upper Office is obliged to assist in the enforcement of the maintenance claim upon request and generally free of charge.

Part Two: Family Law - First Division: Marriage Law - Fourth Title: Divorce and Separation
§ 60bis Act on the Introduction of the Swiss Civil Code - II. Instructions to Debtors and Security Provision, Art. 132 SCC Official ↗

1. The presiding judge of the district court is competent in summary proceedings.

Part Two: Family Law - First Section: Marriage Law - Fourth Title: Divorce and Separation
§ 60ter Act on the Introduction of the Swiss Civil Code - III. Dissolution of the Registered Partnership, Art. 34 PartG Official ↗

1. Sections 60 and 60bis apply mutatis mutandis to the maintenance contribution following the dissolution of a registered partnership.

Part Two: Family Law - Section One: Marriage Law - Title Five: The General Effects of Marriage
§ 61 Act on the Introduction of the Swiss Civil Code - A. Measures for the Protection of Marriage Rights, Art. 166 et seq. of the Swiss Civil Code, and Measures for the Protection of Registered Partnerships, Art. 13-17, 22 of the Registered Partnership Act Official ↗

1. The President of the District Court is competent in the following cases

a) Authorization for extraordinary representation (Art. 166 para. 2 no. 1 CC, Art. 15 para. 2 PartG);

b) Authorization for the termination or sale of the family home (Art. 169 para. 2 CC, Art. 14 para. 2 PartG);

c) Obligation to provide information and present documents (Art. 170 para. 2 CC, Art. 16 para. 2 PartG);

d) Measures for the protection of marriage and measures for the protection of registered partnerships (Art. 172-179 CC, Art. 13 para. 2, 13 para. 3, 15 para. 4, 17 para. 2, 17 para. 4, 22 PartG).

Part Two: Family Law - Section One: Marriage Law - Title Five: The General Effects of Marriage
§ 62 Act on the Introduction of the Swiss Civil Code - B. Marriage and Family Counseling Centers, Art. 171 CC Official ↗

1. The municipalities shall ensure that private or public counseling services are available to married couples in all regions of the canton.

2. The totality of the municipalities shall bear the costs. The municipalities may entrust a joint organization with the execution of the task and the billing.

3. If the municipalities do not fulfill their duties or do so inadequately, the government council may designate private or public counseling services at the expense of the municipalities. The cantonal council approves the necessary funds for this purpose and allocates the costs in accordance with paragraph 2.

**Part Two: Family Law - First Chapter: Marriage Law - Sixth Title: Property Law of Spouses**
§ 67 Act on the Introduction of the Swiss Civil Code Official ↗

1. The President of the District Court has jurisdiction in the following cases

a) Ordering and revocation of the separation of property (Art. 185, 187 para. 2, 189, 191 para. 1 of the Civil Code) and revocation of a property contract (Art. 25 para. 4 of the Partnership Act);

b) Setting payment deadlines and ordering security measures (Art. 203 para. 2, 218 para. 1, 235 para. 2, 250 para. 2 of the Civil Code, Art. 11 of the Transitional Civil Code, Art. 23 of the Partnership Act);

c) Consent to the renunciation and acceptance of inheritances (Art. 230 para. 2 of the Civil Code);

d) Enforcement of the right to inventory recording (Art. 195a para. 1 of the Civil Code, Art. 20 para. 1 of the Partnership Act).

**Part Two: Family Law - First Chapter: Marriage Law - Sixth Title: Property Law of Spouses**
§ 69 Act on the Introduction of the Swiss Civil Code - C. Marriage Contracts, Art. 182 et seq. CC, and Property Contracts, Art. 25 PartG Official ↗

1. Marriage Contracts and Property Agreements are authenticated by the registrar or the notary, even if they pertain to property ownership regarding real estate.

Part Two: Family Law - Chapter Two: Kinship - Title Seven: The Establishment of the Parent-Child Relationship - Section One: General Provisions
§ 72 Act on the Introduction of the Swiss Civil Code - Jurisdiction and Procedure Art. 253 and 254 SCC Claims under Art. 256, 258, 259, 260a, 261, 269, and 269a SCC Official ↗

1. The action for the determination or contestation of the child relationship is adjudicated by the President of the District Court.

Part Two: Family Law - Second Division: Kinship - Title Seven: The Establishment of the Parent-Child Relationship - Section Two: The Paternity of the Husband
§ 73 Act on the Introduction of the Swiss Civil Code - Jurisdiction for Contestation Art. 259 para. 2 item 3 SCC Official ↗

1. For contesting the acknowledgment, the child protection authority of the residential municipality and the community council of the husband's municipality of origin are responsible.

Part Two: Family Law - Section Two: Kinship - Title Seven: The Establishment of the Parent-Child Relationship - Chapter Three: Acknowledgment and Paternity Judgment
§ 74 Act on the Introduction of the Swiss Civil Code - Recognition, Jurisdiction Art. 260 para. 3 Swiss Civil Code (ZGB) Official ↗

1. For the notarization of acknowledgments, the civil registrar of the place of residence or the place of origin of the recognizer, or of the mother, or of the place of birth of the child, is alternatively responsible.

Part Two: Family Law - Second Division: Kinship - Title Seven: Establishment of Parent-Child Relationships - Section Three: Acknowledgment and Paternity Judgment
§ 75 Act on the Introduction of the Swiss Civil Code - Jurisdiction for Contestation Art. 260a SCC Official ↗

1. For the contestation, the child protection authority of the domicile municipality and the citizens' council of the recognizing person's home municipality are responsible.

Part Two: Family Law - Second Section: Kinship - Title Seven: The Establishment of the Parent-Child Relationship - Section Three: Acknowledgment and Paternity Judgment
§ 76 Act on the Introduction of the Swiss Civil Code - Defendant Authority Art. 261 para. 2 CC Official ↗

1. If the father has died and there are no descendants, parents, or siblings, the claim is directed against the child protection authority of his last place of residence.

Part Two: Family Law - Division Two: Kinship - Title Seven: The Establishment of Parentage - Section Four: Adoption
§ 77 Act on the Introduction of the Swiss Civil Code - Jurisdiction Art. 268-269 c SCC Official ↗

1. The department issues an adoption pursuant to Article 268 paragraph 1 of the Swiss Civil Code (ZGB).

Part Two: Family Law - Division Two: Kinship - Title Seven: The Establishment of Parentage - Section Four: Adoption
§ 78 Act on the Introduction of the Swiss Civil Code - Procedure Official ↗

1. The investigation pursuant to Article 268a of the Swiss Civil Code (ZGB) is the responsibility of the department that oversees foster care supervision.

2. ...

Part Two: Family Law - Division Two: Kinship - Title Seven: The Establishment of Parentage - Section Four: Adoption
§ 79 Act on the Introduction of the Swiss Civil Code - Right of Appeal Official ↗

1. Appeals against the decisions of the department pursuant to § 77 may be lodged with the administrative court.

Part Two: Family Law - Chapter Two: Kinship - Title Eight: The Effects of the Parent-Child Relationship - Section Two: The Maintenance Obligation of the Parents
§ 80 Act on the Introduction of the Swiss Civil Code - Jurisdiction and Procedure Art. 279, 280 and 286 SCC Official ↗

1. Claims for performance, modification, or termination of maintenance are adjudicated by the President of the District Court.

Part Two: Family Law - Chapter Two: Kinship - Title Eight: The Effects of the Parent-Child Relationship - Section Two: The Maintenance Obligation of the Parents
§ 83 Act on the Introduction of the Swiss Civil Code - Enforcement Assistance Art. 290 Swiss Civil Code Official ↗

1. The superior office shall provide assistance free of charge upon request in the enforcement of the maintenance claim.

Part Two: Family Law - Second Division: Kinship - Eighth Title: The Effects of the Parent-Child Relationship - Second Section: The Parents' Duty of Support
§ 84 Act on the Introduction of the Swiss Civil Code - Instructions to Debtors and Securing Art. 291 and 292 SCC Official ↗

1. The presiding judge of the district court is competent in summary proceedings.

Part Two: Family Law - Chapter Two: Kinship - Title Eight: The Effects of the Parent-Child Relationship - Section Two: The Maintenance Obligation of the Parents
**§ 85 Act on the Introduction of the Swiss Civil Code - Costs** Act on the Introduction of the Swiss Civil Code Official ↗

1. The regulation concerning the bearing and advancement of maintenance costs is reserved for public law.

Part Two: Family Law - Second Division: Kinship - Eighth Title: The Effects of the Parent-Child Relationship - Second Section: The Parents' Duty of Support
§ 86 Act on the Introduction of the Swiss Civil Code Official ↗

**1. Concerning the Substitution Claim of the Unmarried Mother, the Decision is Made by the President of the District Court.**

Part Two: Family Law - Second Division: Kinship - Title Eight: Effects of the Parent-Child Relationship - Section Three: Parental Custody
§ 87 Act on the Introduction of the Swiss Civil Code - Cooperation in Child Rearing Art. 302 Swiss Civil Code Official ↗

1. The collaboration shall, among other things, take place with the school doctor, the school psychological service, career counseling, institutions for aid to the infirm, and youth welfare offices.

Part Two: Family Law - Division Two: Kinship - Title Eight: Effects of the Parent-Child Relationship - Section Three: Parental Custody
§ 92 Act on the Introduction of the Swiss Civil Code - Supervision of Foster Children, Art. 316 CC Official ↗

1. The Department approves the admission of foster children.

2. The Government Council issues the necessary regulations.

Part Two: Family Law - Division Two: Kinship - Title Eight: The Effects of the Parent-Child Relationship - Section Three: Parental Custody
§ 93 Act on the Introduction of the Swiss Civil Code - Cooperation in Youth Welfare, Art. 317 SCC Official ↗

1. The Executive Council issues regulations regarding cooperation in youth assistance.

Part Two: Family Law - Second Division: Kinship - Ninth Title: The Family Community - Second Section: Domestic Authority
§ 109 Act on the Introduction of the Swiss Civil Code - Care for Mentally Disabled Persons and Persons with a Mental Disorder, Art. 333 paras. 2 and 3 SCC Official ↗

1. The notification that the head of the family must make to enable the authorities to take necessary measures when the condition of a household member with a mental disability or psychiatric disorder poses a risk or causes harm shall be directed to the Child and Adult Protection Authority.

2. ...

Part Two: Family Law - Division Two: Kinship - Title Nine: The Family Community - Section Three: Family Assets
§ 110 Act on the Introduction of the Swiss Civil Code - A. Municipality I. Publication, Art. 341 Para. 3 SCC Official ↗

1. The entries in the commercial register regarding the community representatives are to be published in the official gazette.

Part Two: Family Law - Division Two: Kinship - Title Nine: The Family Community - Section Three: Family Assets
§ 111 Act on the Introduction of the Swiss Civil Code - II. Entry into Community Property, Article 348 Paragraph 2 SCC Official ↗

1. On the Admission of a Co-owner into the Management of Communal Property of an Income-sharing Community, the District Court Decides.

Part Two: Family Law - Division Two: Kinship - Title Nine: The Family Community - Section Three: Family Assets
§ 112 Act on the Introduction of the Swiss Civil Code - B. Homestead, Art. 349-359 SCC Official ↗

1. The establishment of homesteads is permitted.

2. The government council shall issue further regulations if necessary concerning the establishment of homesteads, the admission of blood relatives, and the administration in the event of the owner's insolvency.

**Part Two: Family Law - Third Division: Protection of Adults - Title Ten: Personal Provision and Measures by Operation of Law - Section One: Personal Provision**
§ 113 Act on the Introduction of the Swiss Civil Code Official ↗

1. The public authentication of the advance care directive is carried out by the clerk or a notary.

a)* ...

b)* ...

2. Anyone who retains an advance care directive is obliged to hand it over upon request to the adult protection authority.

**Part Two: Family Law - Third Division: Protection of Adults - Title Ten: Personal Provision and Measures by Operation of Law - Section One: Personal Provision**
§ 114bis Act on the Introduction of the Swiss Civil Code - II. Compensation for the Appointed Person Art. 366 Swiss Civil Code Official ↗

1. The Adult Protection Authority determines the compensation for the person entrusted with a power of attorney in accordance with the provisions applicable to mandate holders.

Part Two: Family Law - Third Division: Adult Protection - Title Eleven: Official Measures - Section Two: Guardianships
§ 115 Act on the Introduction of the Swiss Civil Code - A. Responsibilities for Implementing Measures Art. 314, 327a, 389, 392, and 400 SCC Official ↗

1. The social regions implement the measures determined by the Child and Adult Protection Authority; the Child and Adult Protection Authorities usually entrust this task to the social service at the residence of the affected person.

2. The social regions ensure an adequate number of suitable mandateholders. In the event of failure to do so, the Child and Adult Protection Authority appoints the necessary professionals at the expense of the defaulting social region.

3. Upon request, the social service proposes suitable persons to the Child and Adult Protection Authority. After consultation with the Child and Adult Protection Authority, the social service may also propose private mandateholders.

Part Two: Family Law - Third Division: Adult Protection - Title Eleven: Official Measures - Section Two: Guardianships
§ 116 Act on the Introduction of the Swiss Civil Code - B. Management of Mandate Including Income and Asset Management Art. 327c, 405 ff. and 425 SCC I. Form and Content Official ↗

**1. The Elected Representative Must Maintain a Continuously Updated Cash Book of Revenues and Expenses.**

2. The account must reflect all revenues and expenditures during the accounting period, as well as the status of assets at the end of the accounting period in comparison to the status of assets from the previous accounting.

3. Revenues and expenditures must be substantiated by documents.

4. The account must be signed by the elected representative.

5. The account must be prepared in duplicate.

Part Two: Family Law - Third Division: Adult Protection - Title Eleven: Official Measures - Section Two: Guardianships
§ 117 Act on the Introduction of the Swiss Civil Code - II. Obligation to Preserve and Surrender Official ↗

1. The account with all supporting documents must be retained by the mandatary in its original form for the duration of the mandate; the Child and Adult Protection Authority may request the documents at any time.

2. Upon termination of the mandate, all accounts with all supporting documents must be handed over to the Child and Adult Protection Authority in their original form.

3. The Child and Adult Protection Authority retains the documents for the duration of the limitation period according to Article 455 of the Swiss Civil Code (ZGB).

Part Two: Family Law - Third Division: Adult Protection - Title Eleven: Official Measures - Section Two: Guardianships
§ 118 Act on the Introduction of the Swiss Civil Code - III. Late or Omitted Submission of Accounts Official ↗

1. The Child and Adult Protection Authority shall grant a representative who fails to submit the invoice within the prescribed time a reasonable grace period.

2. If the grace period expires without result, the Child and Adult Protection Authority may remove the files from the delinquent representative and have the invoice prepared by a qualified third party at the representative’s expense, as well as undertake further enforcement measures.

**Part Two: Family Law - Third Section: Adult Protection - Title Eleven: Official Measures - ...**
§ 119 Act on the Introduction of the Swiss Civil Code - C. Compensation for Mandate Management, Art. 314, 327c, 392, and 404 CC I. Cost Bearing Official ↗

1. The person affected by the measure must bear the costs of the mandate, unless they are considered indigent under the provisions regarding legal aid.

2. The mandate holder must submit a justified application no later than at the time of reporting, indicating by whom and in what proportions the compensation and expenses are to be borne.

Part Two: Family Law - Division Three: Adult Protection - Title Eleven: Official Measures - ...
§ 120 Act on the Introduction of the Swiss Civil Code - II. Amount of Compensation Official ↗

1. The compensation to be determined by the Child and Adult Protection Authority and the necessary reimbursement of expenses for mandate holders shall be governed by the cantonal fee schedule.

2. ...

Part Two: Family Law - Section Three: Adult Protection - Title Eleven: Official Measures - ...
§ 121 Act on the Introduction of the Swiss Civil Code - III. Compensation for Duties under Art. 392 SCC Official ↗

1. The adult protection authority sets compensation for the person entrusted with tasks under Article 392 of the Swiss Civil Code. The amount is determined mutatis mutandis according to the provisions for mandate holders.

Part Two: Family Law - Division Three: Adult Protection - Title Eleven: Administrative Measures - Section Three: Protective Custody
§ 122 Act on the Introduction of the Swiss Civil Code - A. Order by the Child and Adult Protection Authority; Reporting Obligations Art. 428 SCC Official ↗

1. The management of an institution shall immediately notify the Child and Adult Protection Authority if the conditions for protective custody are no longer met for a person admitted by the Child and Adult Protection Authority.

Part Two: Family Law - Division Three: Adult Protection - Title Eleven: Administrative Measures - Section Three: Protective Custody
§ 123 Act on the Introduction of the Swiss Civil Code - B. Placement by Physicians Art. 429 and 430 SCC I. Jurisdiction and Duration Official ↗

1. Physicians authorized to practice independently in Switzerland may order protective custody for a maximum duration of 72 hours.

2. ...

3. ...

Part Two: Family Law - Division Three: Protection of Adults - Title Eleven: Statutory Measures - Section Three: Involuntary Commitment
§ 124 Act on the Introduction of the Swiss Civil Code - II. Reporting Obligations Official ↗

1. Involuntary placements ordered by licensed physicians must be reported to the Child and Adult Protection Authority without delay.

2. If it becomes foreseeable that the involuntary placement will be extended beyond a duration of 72 hours, the institution is obliged to report this to the Child and Adult Protection Authority immediately and before the expiration of the medically ordered involuntary placement. The institution must provide the diagnosis, the treatment plan, and a deadline for the further retention.

Part Two: Family Law - Division Three: Adult Protection - Title Eleven: Official Measures - ...
§ 125 Act on the Introduction of the Swiss Civil Code - C. Ordering of Treatments; Reporting Obligations Art. 434 SCC Official ↗

1. All treatments without the consent of the affected person must be immediately reported to the Child and Adult Protection Authority.

**Part Two: Family Law - Third Section: Adult Protection - Title Eleven: Official Measures - ...**
§ 126 Act on the Introduction of the Swiss Civil Code - D. Care Measures, Art. 437 Swiss Civil Code (ZGB) I. Requirements and Content Official ↗

1. The Child and Adult Protection Authority may order caregiving measures for individuals who suffer from a mental disorder, intellectual disability, or are neglected.

2. Persons in need of care may be given instructions regarding their behavior for a period of up to two years, specifically

a) to undergo outpatient medical treatment, control, or examination;

b) to undergo therapy or withdrawal treatment;

c) to receive care from a specialized agency or professional;

d) to adhere to a prescribed daily structure.

Part Two: Family Law - Section Three: Adult Protection - Title Eleven: Official Measures - ...
§ 127 Act on the Introduction of the Swiss Civil Code - II. Implementation and Adaptation to Changed Circumstances Official ↗

1. The execution of the measure can be assigned to an appropriate person or entity.

2. ...

3. The person or entity entrusted with the execution must promptly report to the Child and Adult Protection Authority if a care measure is not followed.

4. If a care measure is not followed, the Child and Adult Protection Authority shall consider the imposition of other measures or protective custody.

Part Two: Family Law - Division Three: Adult Protection - Title Twelve: Organization - Section One: Authorities and Local Jurisdiction
§ 128 Act on the Introduction of the Swiss Civil Code - A. Authorities I. Child and Adult Protection Authority Art. 440 SCC Official ↗

1. The canton administers three Child and Adult Protection Authorities through the department in the social regions of the following districts

a) Solothurn-Lebern, Bucheggberg-Wasseramt;

b) Thal-Gäu, Dorneck-Thierstein;

c) Olten-Gösgen.

2. Each Child and Adult Protection Authority is divided into a maximum of three chambers.

3. In particularly complex cases, the President may form an expert chamber from among the members of the Child and Adult Protection Authorities to serve as the decision-making body, over which he presides.

4. The governing council determines the number of chambers per Child and Adult Protection Authority and establishes their location. The sponsors of the respective social regions have the right to make proposals.

5. The respective district offices manage the secretariat, particularly business control, minute-taking, and file management.

6. The President of the Child and Adult Protection Authority has the power to issue directives to the secretariat managed by the district office.

7. The Child and Adult Protection Authority must be organized to be continually accessible and capable of making decisions.

Part Two: Family Law - Division Three: Adult Protection - Title Twelve: Organization - Section One: Authorities and Local Jurisdiction
§ 129 Act on the Introduction of the Swiss Civil Code - II. Supervisory Authority Art. 441 SCC Official ↗

1. The supervisory authority pursuant to Article 441 paragraph 1 of the Swiss Civil Code (ZGB) is the department.

2. The supervisory authority

a) ensures correct and uniform application of the law;

b) ensures the functioning of the child and adult protection authorities;

c) decides on cases of recusal;

d) issues directives;

e) initiates measures on its own and issues appropriate orders;

f) exercises supervisory functions over the presidents of the child and adult protection authority in matters of personnel law.

3. It is simultaneously

a) the central authority pursuant to Article 2 paragraph 1 of the Federal Act on International Child Abduction (BG-KKE) for the Hague Child Protection Convention;

b) the central authority pursuant to Article 2 paragraph 1 of the Federal Act on International Adult Protection (BG-KKE) for the Hague Adult Protection Convention;

c) the enforcement authority pursuant to Article 12 paragraph 1 of the Federal Act on International Child Abduction (BG-KKE) for child return cases;

d) the competent authority in the area of personal contact protection pursuant to Article 11 of the European Convention on Recognition and Enforcement of Decisions Concerning Custody (ESÜ), Article 21 of the Hague Convention on International Child Abduction (HKÜ) and Article 35 of the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (HKsÜ).

4. The supervisory authority maintains a register of persons under guardianship, including details of the type of guardianship and the mandate holder, as well as a register of children with specific child protection measures.

5. The child and adult protection authorities, as well as the courts, shall communicate all decisions in child and adult protection matters to the supervisory authority.

Part Two: Family Law - Third Division: Adult Protection - Twelfth Title: Organization - ...
§ 130 Act on the Introduction of the Swiss Civil Code - III. Judicial Appeal Instance Art. 439 and 450 SCC Official ↗

1. The judicial instance of appeal according to Articles 439 and 450 of the Swiss Civil Code (ZGB) is the Administrative Court.

2. The Administrative Court also decides on appeals in matters where the Child and Adult Protection Authority exercises a competency under cantonal law.

Part Two: Family Law - Third Division: Adult Protection - Twelfth Title: Organization - ...
§ 131 Act on the Introduction of the Swiss Civil Code - B. Bearing of Costs and Relationship to Social Regions Official ↗

1. The costs for the operation of the Child and Adult Protection Authority are borne by the canton. Furthermore, it bears the costs for investigations that it has carried out directly by third parties.

2. All costs for investigations conducted by the social regions and for the enforcement of child and adult protection measures, including the compensation for mandated individuals, are borne by the municipalities.

3. Insofar as the costs for investigations and the enforcement of measures are not to be covered by the person affected by the measure or by third parties, they are considered social assistance benefits according to § 151 of the Social Law.

4. The provisions of the burden-sharing according to § 55 of the Social Law apply.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 132 Act on the Introduction of the Swiss Civil Code Official ↗

1. The Child and Adult Protection Authority consists of at least three members.

2. The Government Council appoints the members of the Child and Adult Protection Authority for a term of office upon the application of the carriers of the corresponding social regions. For each authority, it appoints

a) a President;

b) a Vice-President per chamber.

3. In special cases and when requests for recusal arise where the designated deputy is not sufficient, the supervisory authority appoints the President or Vice-President of another Child and Adult Protection Authority as an extraordinary deputy.

4. In every Child and Adult Protection Authority, the professional disciplines of law and social work must be represented.

5. Other professional disciplines such as medicine, particularly psychiatry and psychology, education, or business administration should be represented in one of the Child and Adult Protection Authorities wherever possible.

Part Two: Family Law - Division Three: Adult Protection - ... - ...
§ 133 Act on the Introduction of the Swiss Civil Code - II. Office Official ↗

1. The President of the Child and Adult Protection Authority generally exercises his office on a full-time basis.

2. The members of the Child and Adult Protection Authority may be deployed in any district. Exempted from this are the President and his Deputy, insofar as the latter presides over a permanent chamber.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 134bis Act on the Introduction of the Swiss Civil Code - III. Presidency Official ↗

1. The President

a) administratively leads the Child and Adult Protection Authority and exercises supervisory functions over the other members of the authority in matters of personnel law;

b) plans the meetings and ensures orderly conduct of business;

c) assigns the cases;

d) represents the authority externally;

e) handles all other administrative matters that are not assigned to another body.

2. The President may delegate enterprise-wide tasks in general or on a case-by-case basis to a deputy.

3. The Presidents of the Child and Adult Protection Authorities meet regularly to coordinate task fulfillment and jurisprudence.

4. The Presidents of the Child and Adult Protection Authorities jointly organize their affairs in a regulation.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 135 Act on the Introduction of the Swiss Civil Code - IV. Case Management Official ↗

1. The President of the Child and Adult Protection Authority appoints a leading member for each case.

2. This member independently handles the case until it is ready for a decision and submits an application to the Child and Adult Protection Authority.

3. The leading member may consult with other members of a Child and Adult Protection Authority at any time during the case management.

Part Two: Family Law - Division Three: Adult Protection - ... - ...
§ 136 Act on the Introduction of the Swiss Civil Code - V. Decision-Making 1. Decision-Making Body Official ↗

1. The president or his deputy chairs the meetings of the Child and Adult Protection Authority.

2. The Child and Adult Protection Authority makes its decisions in panels of three.

3. In the context of a procedure pending before the collegial authority, it can also decide on matters that fall within individual competence.

4. The procedures before the Child and Adult Protection Authority are not public.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 137 Act on the Introduction of the Swiss Civil Code - 2. Circulation Resolutions Official ↗

1. The Child and Adult Protection Authority may make decisions by circulation.

2. The basis of a decision by circulation is a written application with justification, to which the other members have given their written consent.

3. If not all members agree, the matter is decided in an oral hearing.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 138 Act on the Introduction of the Swiss Civil Code - 3. Individual Competence a) Presidency Official ↗

1. The exclusive competence of the presidency includes

a)* Orders for write-offs;

b)* Orders of non-admission;

c)* Approval of maintenance agreements according to Article 287 of the Civil Code;

d)* Establishment of guardianship for regulating paternity and maintenance according to Articles 308 and 309 of the Civil Code;

e)* Ordering of guardianship representation for the unborn child to safeguard inheritance claims according to Article 544 of the Civil Code;

f)* Review, interpretation, and supplementation of the care mandate according to Article 364 of the Civil Code;

g)* Consent to legal transactions by the spouse within the scope of extraordinary asset management according to Article 374 of the Civil Code;

h)* Examination of reports and enforcement orders, insofar as the ordered measure falls within the exclusive competence;

i)* Ordering of protective custody for a total duration of no more than six weeks, provided a diagnosis, treatment plan, and recommended period have been submitted by a qualified doctor.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 139 Act on the Introduction of the Swiss Civil Code - b) Other Members Official ↗

1. The exclusive jurisdiction of each member of the Child and Adult Protection Authority includes

a)* Orders for the production of documents;

b)* Granting access to files and restriction of the right to inspect files;

c)* Delegation of the hearing to a suitable person according to § 148;

d)* Application to the court for the reorganization of parental custody according to Article 134 of the Swiss Civil Code (ZGB);

e)* Application for the appointment of a child representative according to Article 299 of the Swiss Code of Civil Procedure;

f)* Receipt of the consent declaration from father and mother for adoption according to Article 265a ZGB;

g)* Receipt of the inventory of the child's assets according to Article 318 ZGB;

h)* Preparation of an inventory according to Article 405 paragraph 2 ZGB and the order for the preparation of a public inventory according to Article 405 paragraph 3 ZGB;

i)* Provision of information according to Article 451 ZGB and notifications according to Article 452 ZGB;

j)* Application for a declaration of disappearance according to Article 550 ZGB;

k)* Application for the order of an inheritance inventory according to Article 553 ZGB;

l)* Examination of reports and enforcement orders, as far as the ordered measure falls within exclusive jurisdiction.

2. ...

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 140 Act on the Introduction of the Swiss Civil Code - c) Urgency Official ↗

1. In urgent cases and to the extent that an ordinary decision by the Child and Adult Protection Authority is not possible within a reasonable time, any member may issue and announce the necessary orders alone.

2. The member must inform the Child and Adult Protection Authority of the issued order in the following meeting.

3. The Child and Adult Protection Authority may revoke and re-decide the order; otherwise, it notes its agreement with the order in the records.

4. ...

5. ...

6. ...

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 141 Act on the Introduction of the Swiss Civil Code - D. Jurisdiction and Notifications in Cases of Sterilizations Official ↗

1. For the tasks pursuant to Articles 6 to 8 of the Sterilization Act, the child and adult protection authority at the place of residence of the affected person is responsible. Article 442 paragraph 1 of the Civil Code applies mutatis mutandis.

2. Notifications according to Article 10 paragraph 1 of the Sterilization Act shall be made to the child and adult protection authority at the location where the procedure was carried out according to Article 2 paragraph 2 of the Sterilization Act.

3. Notifications according to Article 10 paragraph 2 of the Sterilization Act shall be made to the department.

Part Two: Family Law - Division Three: Adult Protection - ... - Section Two: Proceedings
§ 142 Act on the Introduction of the Swiss Civil Code Official ↗

1. Any person who performs a public duty and, in connection with this activity, becomes aware of a person in need of assistance is obliged to report to the Child and Adult Protection Authority, unless superior law provides otherwise.

2. ...

Part Two: Family Law - Division Three: Adult Protection - ... - Section Two: Proceedings
§ 143 Act on the Introduction of the Swiss Civil Code - B. Investigations by the Social Services of a Social Region Art. 392, 446, and 448 SCC Official ↗

1. Generally, the social service of a social region clarifies the facts of a case and then forwards the files, report, and application to the Child and Adult Protection Authority. The social service also performs the tasks pursuant to Article 392 Numbers 2 and 3 of the Swiss Civil Code (ZGB).

2. In justified cases, the social service may commission another suitable entity to clarify the facts of the case. In such instances, it bears the costs itself.

3. If necessary, the Child and Adult Protection Authority may request additional clarifications from the social service of a social region.

4. If the social service remains delinquent, the Child and Adult Protection Authority may have the clarifications conducted by third parties.

Part Two: Family Law - Division Three: Adult Protection - ... - Section Two: Proceedings
§ 144 Act on the Introduction of the Swiss Civil Code - C. Administrative Assistance and Cooperation Art. 426 et seq., 448 and 450g Swiss Civil Code (ZGB) Official ↗

1. The Child and Adult Protection Authority, the supervisory authority, and the courts shall grant each other access to all decisions and records in matters of child and adult protection.

2. To implement appropriate measures, the Child and Adult Protection Authority may engage public or non-profit institutions and suitable private individuals.

3. The Child and Adult Protection Authorities, the judicial appeal body, the social services, the guardians, the custodians, and the doctors may seek police assistance, insofar as it appears proportionate. In particular,

a) when persons under guardianship or custody, who are missing or evade a measure of child or adult protection through flight, need to be located or brought back;

b) when an escort becomes necessary;

c) when resistance is expected during the execution of a child and adult protection measure.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 145 Act on the Introduction of the Swiss Civil Code - D. Procedural Rules Art. 450f and 450g SCC I. Principle Official ↗

1. In proceedings before the Child and Adult Protection Authority and before the judicial instance, the provisions of the Swiss Civil Code regarding child and adult protection shall be applied, complemented by those of the Act on Legal Protection in Administrative Matters, taking into account the differing provisions of § 146. If these contain no provision, the Swiss Code of Civil Procedure shall be applied mutatis mutandis.

2. With the exception of the special provisions regarding protective placement, these procedural rules also apply in matters where the Child and Adult Protection Authority exercises competence under cantonal law.

Part Two: Family Law - Division Three: Adult Protection - ... - ...
§ 146 Act on the Introduction of the Swiss Civil Code - II. Special Provisions Official ↗

1. Notwithstanding the Act on Legal Protection in Administrative Matters, the following special provisions apply

a) The Presidency of the Child and Adult Protection Authority is permitted to conduct a witness examination. The person conducting the examination may take the minutes themselves.

b) There are no court holidays in proceedings concerning matters of child and adult protection law.

c) If the complaint does not meet the requirements, a non-extendable period of no more than 10 days is to be set for improvement, with the threat of non-admission in the event of non-compliance.

d) In the appeal procedure, the challenged decision can also be changed to the detriment of the appealing party at any time.

e) In the enforcement procedure, Article 343 of the Swiss Code of Civil Procedure is additionally applicable.

2. ...

3. ...

4. ...

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 147 Act on the Introduction of the Swiss Civil Code - III. Lis Pendens and Conduct of Proceedings Official ↗

1. Proceedings before the Child and Adult Protection Authority become pending

a)* upon the submission of an application;

b)* upon receipt of a report that is not obviously unfounded;

c)* through the invocation of the Child and Adult Protection Authority in cases determined by the Swiss Civil Code;

d)* by initiating ex officio following appropriate notification to the affected persons or by taking measures that have external effects.

2. The pendency of the proceedings must be communicated in writing to the affected persons.

3. Upon the commencement of pendency, jurisdiction is retained until the conclusion of the proceedings.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 148 Act on the Introduction of the Swiss Civil Code - IV. Hearing Art. 447 Swiss Civil Code Official ↗

1. The personal hearing of the affected person according to Article 447 paragraph 1 of the Swiss Civil Code (ZGB) is generally conducted by the case-leading member of the Child and Adult Protection Authority. Where special circumstances justify it, the hearing may be delegated to another suitable person.

2. To the extent necessary, in addition to the affected person, close relatives and the authorities and bodies that have dealt with them should also be heard.

Part Two: Family Law - Division Three: Adult Guardianship - ... - ...
§ 149 Act on the Introduction of the Swiss Civil Code - V. Procedural Costs Official ↗

1. Proceedings before the Child and Adult Protection Authority are generally free of charge.

2. For certain actions and orders, fees are charged by the Child and Adult Protection Authority, provided that the person liable for the fees is not considered indigent under the provisions concerning legal aid.

3. Persons affected by an order are liable for fees; in matters concerning children, the parents are generally considered the affected persons.

4. The type of transactions and the amount of the fee are determined by the cantonal fee schedule. Expenses are additionally reimbursable.

Part Two: Family Law - Third Division: Adult Protection - ... - Third Section: Liability
§ 150 Act on the Introduction of the Swiss Civil Code - A. Liability Art. 454 SCC Official ↗

1. The canton is liable according to Article 454 of the Swiss Civil Code (ZGB) for damage caused to a person through unlawful actions or omissions within the framework of official measures for child and adult protection.

2. If the canton is liable for damage caused by employees of another public entity, that entity shall reimburse the canton for compensation and satisfaction payments made, as well as for any court costs and party compensations incurred.

Part Two: Family Law - Third Division: Adult Protection - ... - Third Section: Liability
§ 151 Act on the Introduction of the Swiss Civil Code - B. Right of Recourse Art. 454 Swiss Civil Code Official ↗

1. The recourse of the public body against the person who caused the damage is governed by the provisions of the Liability Act. These provisions apply accordingly even to persons who would otherwise not fall within its scope.

2. The canton is entitled to recourse against private mandate holders who offer the management of mandates under child and adult protection law as a professional and remunerated service if they caused the damage intentionally or negligently.

3. For the limitation period, the deadlines pursuant to Article 455 of the Swiss Civil Code (ZGB) apply.

Third Part: The Law of Succession - First Division: The Heirs - Thirteenth Title: The Statutory Heirs
§ 162 Act on the Introduction of the Swiss Civil Code - Entitled Public Corporation Art. 466 SCC Official ↗

1. If the deceased leaves no heirs, the inheritance shall devolve to the canton and to the municipality responsible according to paragraph 2.

2. The proceeds from the liquidation of such inheritances shall be distributed equally between the canton and the last municipality of residence of the deceased. The division between the canton and municipalities shall take place after deducting all costs for the liquidation of the estate and for conducting any missing person's proceedings.

3. The cantonal share of such inheritances shall be used to finance social integration and prevention.

4. ...

Third Part: The Law of Inheritance - First Division: The Heirs - Fourteenth Title: Testamentary Dispositions - Third Section: Types of Dispositions
§ 164 Act on the Introduction of the Swiss Civil Code - Substitution of an Heir, Security, and Estate Administration Art. 490 Swiss Civil Code (ZGB) Official ↗

1. The decision regarding the security to be provided by the prior heir in the case of a subsequent heir appointment is made by the President of the District Court, while the order for estate administration is determined by the Child and Adult Protection Authority.

2. The local jurisdiction is governed by Article 28 of the Swiss Civil Procedure Code concerning the forum in inheritance law.

Part Three: Inheritance Law - First Division: The Heirs - Title Fourteen: Testamentary Dispositions - Section Four: Forms of Disposition
§ 165 Act on the Introduction of the Swiss Civil Code Official ↗

1. The public testamentary disposition is authenticated by the clerk or notary. A copy of the document shall be delivered to the testator.

Third Part: Inheritance Law - First Division: The Heirs - Fourteenth Title: Dispositions Mortis Causa - Fourth Section: Forms of Dispositions
§ 166 Act on the Introduction of the Swiss Civil Code - B. Custody of Holographic Dispositions Art. 504 and 505 para. 2 SCC Official ↗

1. Holographic wills and copies of public wills can be submitted for safekeeping, either openly or sealed, to the secretary of the court at the respective domicile of the testator.

2. The secretary of the court maintains a register of the wills submitted to them.

Third Part: Inheritance Law - First Division: The Heirs - Fourteenth Title: Dispositions Mortis Causa - Fourth Section: Forms of Dispositions
§ 167 Act on the Introduction of the Swiss Civil Code - C. Deposit of Oral Dispositions Art. 506-508 Swiss Civil Code (ZGB) Official ↗

1. The oral testamentary disposition must be personally deposited or recorded by the witnesses with a President of the Solothurn District Court. The President is required to personally receive the document prepared by the witnesses and to transmit it, or the certified copy of the minutes taken during the oral declaration, to the district clerk in whose jurisdiction the testator's residence is located.

Third Part: The Law of Succession - First Division: The Heirs - Fourteenth Title: Testamentary Dispositions - Fourth Section: Forms of Dispositions
§ 168 Act on the Introduction of the Swiss Civil Code - D. Inheritance Contracts Art. 512 Swiss Civil Code (ZGB) Official ↗

1. Inheritance contracts are drafted by a registrar or a notary.

Part Three: The Law of Succession - Second Division: The Course of Succession - Title Fifteen: The Opening of the Succession
§ 169 Act on the Introduction of the Swiss Civil Code - A. Declaration of Death of Missing Persons, Safeguarding Art. 546 and 548 SCC Official ↗

1. The decision regarding the security to be provided by the heirs or beneficiaries of an absent person is made by the President of the District Court of the last residence of the absent person.

2. The Child and Adult Protection Authority must safeguard the interests of the absent person as well as those who may have a better claim during the time the security is provided.

3. The local jurisdiction is determined by Article 21 of the Swiss Code of Civil Procedure concerning the place of jurisdiction for declarations of death and absence.

Part Three: The Law of Succession - Second Division: The Course of Succession - Title Fifteen: The Opening of the Succession
§ 170 Act on the Introduction of the Swiss Civil Code - B. Succession to Missing Persons Art. 550 Swiss Civil Code (ZGB) Official ↗

1. The Child and Adult Protection Authority appoints a guardian to administer the inheritance share accruing to the missing person.

2. As soon as the legal requirements are met, the Child and Adult Protection Authority must request the declaration of presumed death.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 171 Act on the Introduction of the Swiss Civil Code - A. Regular Inventory I. Obligation of Inventory Art. 553 Swiss Civil Code Official ↗

1. An inventory must be taken after every death if the deceased has left behind assets.

2. The government council ensures the proper execution of this regulation. It issues the necessary implementation provisions regarding the inventory-taking and the appraisal of movable and immovable property.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 172 Act on the Introduction of the Swiss Civil Code - II. Measures of the Municipality 1. Jurisdiction Art. 551-553 SCC Official ↗

1. The President of the municipality in which the deceased had their last residence is responsible for taking inventory and arranging the necessary safeguarding measures in accordance with the following provisions. If the deceased passes away outside of their residence, the mayor of the place of death is obliged to notify the mayor of the place of residence and to implement any necessary safeguarding measures.

2. Municipalities may delegate the powers of the mayor to a special office.

Third Part: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - First Section: The Protective Measures
§ 173 Act on the Introduction of the Swiss Civil Code - 2. Sealing a) Cases Art. 552 CC Official ↗

1. The mayor must promptly carry out the sealing or locking of the estate’s assets

a) if the right of inheritance itself is disputed;

b) if the heirs are unknown;

c) if an heir is permanently absent and unrepresented;

d) if there is a risk that estate assets will be removed or concealed;

e) if requested by one of the heirs.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 174 Act on the Introduction of the Swiss Civil Code - b) Items Exempt from Sealing Official ↗

1. Items that cannot be sealed or enclosed are to be inventoried by the Mayor.

2. Items which are necessary for use by the persons who shared a household with the deceased are to be left to them, but are also to be inventoried by the Mayor.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 175 Act on the Introduction of the Swiss Civil Code - 3. Dispositions Upon Death Official ↗

1. Testamentary Dispositions Found in the Estate of the Deceased

The mayor must promptly take custody of any testamentary dispositions found in the estate of the deceased and deliver them to the district office.

Part Three: The Law of Succession - Second Division: Succession - Title Sixteen: The Effects of Succession - Section One: Protective Measures
§ 176 Act on the Introduction of the Swiss Civil Code - 4. Representation of the Heirs Official ↗

1. If the presumed heirs are minors or unknown, the mayor is required to request the competent child and adult protection authority to appoint the necessary representation.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 177 Act on the Introduction of the Swiss Civil Code - 5. Inventory Taking a) Deadline for Invitation of the Heirs Official ↗

1. The inventory must be taken within 30 days after the death of the testator.

2. The heirs are, insofar as possible, to be invited in a timely manner to the inventory taking. Their attendance is optional.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 178 Act on the Introduction of the Swiss Civil Code - b) Subject of Inventory Taking Official ↗

1. The mayor records the items belonging to the estate, unless it is credibly demonstrated that they belong to a third party.

2. ...

3. If the deceased participated in a joint estate, it must be recorded in its entirety.

4. Simultaneously with the inventory, the mayor prepares a preliminary list of heirs.

Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Protective Measures
§ 179 Act on the Introduction of the Swiss Civil Code - c) Valuation aa) Assets Located at the Place of Residence Official ↗

**1. The Municipal President conducts an appraisal of the recorded items.**

2. Experts may be consulted for the appraisal if an heir requests it or if the Municipal President deems it necessary. Special legislation remains reserved for agricultural estates.

3. The Cantonal Appraisal Office must be consulted as experts for agricultural properties.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 180 Act on the Introduction of the Swiss Civil Code - bb) Objects Located Abroad Official ↗

1. Objects that are located at a considerable distance from the last residence of the deceased shall be appraised through the mediation of the notary by the person or authority responsible at the location of the item.

Third Part: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - First Section: The Protective Measures
§ 180bis Act on the Introduction of the Swiss Civil Code - d) Duty to Provide Information Official ↗

1. Any person who can provide information about the financial circumstances of the decedent or possesses or holds assets of the decedent is obligated to provide the municipality president or the court clerk with all the information necessary for the inventory recording. This obligation especially applies to the heirs and the household members of the decedent, as well as persons who manage or hold assets of the decedent. Federal legal provisions regarding confidentiality obligations remain reserved.

Part Three: The Law of Succession - Second Division: The Devolution of Inheritance - Title Sixteen: The Effects of the Devolution - Chapter One: Security Measures
§ 181 Act on the Introduction of the Swiss Civil Code - 6. Protocol Official ↗

1. The President of the Municipality records the measures he has taken pursuant to Sections 173-180 of this Act in a protocol.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 182 Act on the Introduction of the Swiss Civil Code - 7. Transmission to the Clerk Official ↗

1. The mayor promptly transmits the list of heirs, the inventory with valuation, as well as the protocol recorded pursuant to § 181 to the district clerk.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 183 Act on the Introduction of the Swiss Civil Code - 8. Certificate of Lack of Assets Official ↗

1. If the deceased leaves no estate and neither creditors, guarantors, nor heirs request the preparation of an inventory, the mayor is to certify the absence of assets.

2. The certificate is to be signed by the present heirs and, if applicable, by the Child and Adult Protection Authority, and submitted to the district office.

3. The certification of absence of assets does not constitute a presumption of renunciation.

Part Three: Inheritance Law - Second Division: The Succession - Title Sixteen: The Effects of Succession - Section One: Measures of Security
§ 184 Act on the Introduction of the Swiss Civil Code - 9. Liability Official ↗

1. The mayor is responsible to the parties involved for the faithful fulfillment of the duties assigned to him in Sections 172-183, in the same manner as state officials and employees.

2. The government council may delegate the tasks assigned to the mayor in Sections 172-183 to the court clerk or a notary if the mayor executes them negligently or not at all. The mayor bears the costs for the work of the court clerk or the notary.

3. The court offices and other involved authorities and agencies are obligated to inform the government council of any omissions discovered on the part of a mayor.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 185 Act on the Introduction of the Swiss Civil Code - III. Inventory by the Clerk 1. Register of the Deceased Official ↗

1. Civil status officers must submit a register to the clerk at the beginning of each month

a) of the persons who died in their civil registration district in the previous month;

b) of the persons who died elsewhere but had their residence in the civil registration district at the time of their death.

2. The clerk compares this register with the registers and certificates received from the municipal president and instructs the latter as necessary to fulfill his duties.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 186 Act on the Introduction of the Swiss Civil Code - 2. Invitation of Heirs Official ↗

1. The clerk of the court invites the heirs and any potential executor of the will to the inventory proceedings within a reasonable period.

2. He may also invite the mayor to the proceedings if he deems it necessary.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 187 Act on the Introduction of the Swiss Civil Code - 3. Preparation of the Inventory a) Inventory Items Official ↗

1. In the inventory, real properties must be individually recorded with cadastral numbers, parcel names, and sizes as per the land register entry, along with the valuation by the municipal president.

2. Securities, claims, and debts must be entered individually.

2bis. Real properties, securities, and claims may also be listed in a schedule, which is to be attached to the inventory as an integral part.

3. Movable items must be recorded according to category, indicating their value. They are to be itemized individually only when the division requires it. Otherwise, only the overall valuation is to be stated.

4. The documents filed by the municipal president pursuant to § 182 are to be attached to the inventory.

Part Three: The Law of Succession - Second Division: Succession - Title Sixteen: The Effects of Succession - Section One: Protective Measures
§ 189 Act on the Introduction of the Swiss Civil Code - c) Hearing Official ↗

1. During the inventory proceeding, the clerk informs the heirs of the contents of the inventory. He attempts to address any objections and reservations. If this is not possible, he notes them in the inventory.

2. The inventory must be signed by the heirs, even if no agreement could be reached on certain details. The clerk certifies the official participation.

Part Three: The Law of Succession - Second Division: The Devolution of Inheritance - Title Sixteen: The Effects of the Devolution - Chapter One: Security Measures
§ 190 Act on the Introduction of the Swiss Civil Code - 4. Absence of Heirs Official ↗

1. The heirs may appear personally at the inventory proceedings or be represented. The clerk shall notify the heirs who are neither present nor represented in writing of the completion of the inventory.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 191 Act on the Introduction of the Swiss Civil Code - 5. Guardianship for Heirs Official ↗

1. Upon the request of the registrar, the Child and Adult Protection Authority shall assess whether a guardianship needs to be established for absent heirs who are unknown, and for those who are unable to appoint a representative themselves.

2. ...

3. ...

Third Part: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - First Section: The Protective Measures
§ 192 Act on the Introduction of the Swiss Civil Code - 6. Contested Valuation Official ↗

1. Until the inventory has been signed by the heirs and the district clerk, the district clerk can, at the request of the heirs, order a new valuation instead of the valuation by the commune president.

2. Real estate, securities, and movable assets must be re-valued by one or more experts appointed by the district clerk.

3. If the heirs cannot agree on the value despite the new valuation, they are to be directed by the district clerk to the judge.

4. Reserved is the special legislation on agriculture.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 192bis Act on the Introduction of the Swiss Civil Code - 7. Establishment Fee Official ↗

1. The Cantonal Council determines the fee for the establishment of the inventory in the fee schedule.

Part Three: The Law of Succession - Second Division: Succession - Title Sixteen: The Effects of Succession - Section One: Protective Measures
§ 193 Act on the Introduction of the Swiss Civil Code - 8. Valuation Principles Official ↗

1. The government council shall issue detailed regulations regarding the type, procedure, and costs of appraisal in accordance with Sections 179, 180, 188, 192, and 222.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 194 Act on the Introduction of the Swiss Civil Code - B. Estate Administration Art. 554 SCC Official ↗

1. The administration of the estate is ordered by the Child and Adult Protection Authority at the last place of residence of the deceased. It also appoints the estate administrator.

2. The mayor is required to submit an application to the Child and Adult Protection Authority. In the event of the mayor's default, the clerk of the court shall submit the application.

Part Three: The Law of Succession - Second Division: Succession - Title Sixteen: The Effects of Succession - Section One: Protective Measures
§ 195 Act on the Introduction of the Swiss Civil Code - C. Summons of Heirs Art. 555 Swiss Civil Code Official ↗

1. Public Notice to Stakeholders to Claim Inheritance Within a Year

The court clerk is responsible for the public notice inviting stakeholders to claim the inheritance within a year.

**Part Three: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - Section One: Security Measures**
§ 196 Act on the Introduction of the Swiss Civil Code - D. Disposition upon Death I. Decrees of the Official Recorder Art. 556 para. 3 and 517 para. 2 Swiss Civil Code (ZGB) Official ↗

1. The clerk shall decide, after the delivery of a disposition upon death, whether the inheritance is to be temporarily handed over to the legal heirs or whether the Child and Adult Protection Authority is to be invited to order estate administration. Before making his decision, he shall hear the parties involved, if possible.

2. If executors are named in the disposition upon death, the clerk shall immediately inform them of this appointment.

Third Part: The Law of Succession - Second Division: The Course of Inheritance - Title Sixteen: The Effects of Inheritance - First Section: The Protective Measures
§ 197 Act on the Introduction of the Swiss Civil Code - II. Opening Art. 557 and 558 Swiss Civil Code (ZGB) Official ↗

1. The Opening of the Testamentary Disposition and Notification to the Involved Parties are conducted by the Court Clerk.

2. Notification to Beneficiaries of Unknown Whereabouts is made by twice summarizing the publication in the Official Gazette and, at the discretion of the Court Clerk, in additional publication organs.

Part Three: The Law of Succession - Second Division: Succession - Title Sixteen: The Effects of Succession - Section One: Protective Measures
§ 198 Act on the Introduction of the Swiss Civil Code Official ↗

1. The clerk issues a certificate stating that the appointed heirs are recognized as heirs, subject to actions for nullity and inheritance claims.

2. He also, if necessary, instructs the estate administrator to hand over the inheritance to them.

Third Part: Inheritance Law - Second Division: The Succession - Sixteenth Title: The Effects of Succession - Second Section: The Acquisition of the Inheritance
§ 199 Act on the Introduction of the Swiss Civil Code - A. Renunciation of Inheritance Art. 570 SCC Official ↗

1. Declarations regarding the renunciation of the inheritance must be submitted to the clerk either orally or in writing and recorded by them in the inventory, or, if no inventory is made, in a protocol; the recording must be signed by the clerk. If the declaration is made over the phone, it must be confirmed in writing by the clerk.

2. If all heirs have declared their acceptance or renunciation, the division can take place before the expiration of the renunciation period.

Part Three: Inheritance Law - Second Division: Inheritance Process - Title Sixteen: The Effects of Inheritance - Section Two: Acquisition of the Inheritance
§ 200 Act on the Introduction of the Swiss Civil Code - B. Forfeiture of the Right to Renounce, Certification Art. 571 SCC Official ↗

1. If the heir does not declare the renunciation during the designated period, the court clerk shall certify this in the inventory.

Third Part: Law of Succession – Second Division: Succession – Sixteenth Title: Effects of Succession – Second Section: Acquisition of the Inheritance
§ 201 Act on the Introduction of the Swiss Civil Code Official ↗

1. If all statutory heirs renounce the inheritance, the clerk shall transmit the files to the bankruptcy judge with a petition for the opening of official bankruptcy liquidation.

Third Part: Inheritance Law - Second Division: The Succession - Sixteenth Title: The Effects of Succession - Second Section: The Acquisition of the Inheritance
§ 202 Act on the Introduction of the Swiss Civil Code - D. Acceptance of the Inheritance by Subsequent Heirs Art. 574 and 575 SCC Official ↗

1. Notification to the Surviving Spouse That the Descendants Have Renounced the Inheritance, and Inquiry to Subsequent Heirs Whether They Accept the Inheritance, Is Made by the Clerk of the Court. The Declarations Received Thereafter Are to Be Certified in the Inventory. If the Declaration Is Made Orally, It Must Be Entered in the Inventory.

Third Part: Law of Succession – Second Division: Succession – Sixteenth Title: Effects of Succession – Second Section: Acquisition of the Inheritance
§ 203 Act on the Introduction of the Swiss Civil Code Official ↗

1. The court clerk is responsible for the extension of deadlines and the setting of new deadlines.

Third Part: Inheritance Law - Second Division: The Succession - Sixteenth Title: The Effects of Succession - Second Section: The Acquisition of the Inheritance
§ 204 Act on the Introduction of the Swiss Civil Code - F. Proclamation of the Acquisition of the Inheritance Official ↗

1. The acquisition of the inheritance is to be announced by the court clerk in the official gazette.

Part Three: The Law of Inheritance - Second Division: The Succession - Title Sixteen: The Effects of Succession - Section Three: The Public Inventory
§ 205 Act on the Introduction of the Swiss Civil Code - A. Authorization Art. 580 SCC Official ↗

1. The request for the approval of a public inventory must be submitted to the competent clerk within the one-month period prescribed by federal law.

2. The clerk shall notify the heirs and the Child and Adult Protection Authority at the last residence of the deceased of his decision.

Part Three: The Law of Inheritance - Second Division: The Succession - Title Sixteen: The Effects of Succession - Section Three: The Public Inventory
§ 206 Act on the Introduction of the Swiss Civil Code - B. Public Call for Claims Art. 582 SCC Official ↗

1. Upon the granting of the public inventory, the clerk of the court shall announce the call for claims, requesting the creditors and debtors of the deceased, including guaranty creditors, to register their claims and debts with him within a period of at least one month from the first announcement. The announcement shall specify the consequences of failing to register the claims or debts (Articles 590 and 591 of the Swiss Civil Code).

2. The announcement of the call for claims shall be published twice in the official gazette, with the first publication occurring immediately after the approval, and the second after the first half of the submission period has elapsed.

3. If it is likely that the deceased has incurred debts and guarantees outside the canton or possesses assets outside the canton, the announcement shall, at the discretion of the court clerk, also be published in extramural newspapers.

Part Three: Inheritance Law - Second Division: Succession - Title Sixteen: The Effects of Succession - Section Three: The Public Inventory
§ 207 Act on the Introduction of the Swiss Civil Code - C. Continuation of a Business Art. 585 SCC Official ↗

1. The continuation of the decedent's business by an heir is decided by the court clerk.

2. Requests for security by co-heirs are decided by the president of the district court.

Third Part: The Law of Succession - Second Division: The Succession Process - Sixteenth Title: The Effects of Succession - Third Section: The Public Inventory
§ 208 Act on the Introduction of the Swiss Civil Code - D. Extension of Time Limit Art. 587 SCC Official ↗

1. On applications by heirs for an extension of the deadline for the declaration of acceptance of the inheritance, the clerk of the court decides.

Part Three: Inheritance Law - Second Division: Succession - Title Sixteen: The Effects of Succession - Section Three: The Public Inventory
§ 209 Act on the Introduction of the Swiss Civil Code - E. Supplementary Law Official ↗

1. The provisions regarding the regular inventory shall also apply to the public inventory.

Part Three: Inheritance Law - Second Division: Succession - Title Sixteen: The Effects of Succession - Section Three: The Public Inventory
§ 210 Act on the Introduction of the Swiss Civil Code - F. Call for Accounting Art. 592 SCC Official ↗

1. The provisions concerning the public inventory are to be applied to the accounting call upon the occurrence of an inheritance to the public entity.

Part Three: Inheritance Law - Second Division: The Succession - Title Sixteen: The Effects of Succession - Section Four: Official Liquidation
§ 211 Act on the Introduction of the Swiss Civil Code - A. Authorization Art. 594 Swiss Civil Code (CC) Official ↗

1. Approval and Order of Official Liquidation at the Request of a Decedent's Creditors

The court clerk is responsible for the approval and ordering of the official liquidation at the request of a decedent's creditors, as well as for the precautionary measures to be taken at the request of creditors and legatees to ensure their claims.

Part Three: Inheritance Law - Second Division: The Succession - Title Sixteen: The Effects of Succession - Section Four: Official Liquidation
§ 212 Act on the Introduction of the Swiss Civil Code - B. Procedure Art. 595 and 596 SCC Official ↗

1. The execution of the official liquidation is the responsibility of the clerk of the court. He may carry out the liquidation himself or delegate it to a notary.

2. The call for claims is to be published according to § 206, but without reference to the consequences of failure to register.

Third Part: The Law of Succession - Second Division: The Succession - Sixteenth Title: The Effects of Succession - Fourth Section: Official Liquidation
§ 213 Act on the Introduction of the Swiss Civil Code - C. Auction Art. 596 SCC Official ↗

1. In the official liquidation of an estate, the auction of the entire inheritance is conducted by the clerk of the court in accordance with the procedure outlined in Sections 314-323.

Part Three: Inheritance Law - Second Division: The Succession - Title Sixteen: The Effects of Succession - Section Four: Official Liquidation
§ 214 Act on the Introduction of the Swiss Civil Code - D. Bankruptcy Office Liquidation Art. 597 SCC Official ↗

1. If the estate is over-indebted and the estate creditors do not independently request the official liquidation, the clerk is required to apply for it with the bankruptcy judge.

Third Part: The Law of Succession - Second Division: The Course of Succession - Title Seventeen: The Division of the Estate - Section One: The Community Before the Division
§ 216 Act on the Introduction of the Swiss Civil Code - A. Representation of the Community of Heirs Art. 602 para. 3 Swiss Civil Code (ZGB) Official ↗

1. Upon the request of a co-heir, the official clerk may appoint a representative for the community of heirs until the division is completed.

2. The official clerk is responsible for determining the duties of the representative, dismissing him after the completion of the representation, and deciding his compensation.

Part Three: The Law of Succession - Second Division: The Course of Succession - Title Seventeen: The Division of the Estate - Second Section: The Method of Division
§ 218 Act on the Introduction of the Swiss Civil Code - A. Distribution of Assets Official ↗

1. An inventory must be made to classify the assets when the division of the estate makes it necessary.

Part Three: The Law of Succession - Second Division: The Course of Succession - Title Seventeen: The Division of the Estate - Second Section: The Method of Division
§ 219 Act on the Introduction of the Swiss Civil Code - B. Official Participation in the Division Art. 609 para. 2 SCC Official ↗

1. In all cases, a division proceeding must take place before the registrar, during which the division of the estate is to be sought.

2. The division of an estate must be signed by the parties involved. The registrar confirms official participation.

3. If the division does not occur, the registrar records this in the inventory.

Part Three: The Law of Succession - Second Division: The Course of Succession - Title Seventeen: The Division of the Estate - Second Section: The Method of Division
§ 220 Act on the Introduction of the Swiss Civil Code - C. Contracts Concerning Inherited Shares Art. 635 Swiss Civil Code (ZGB) Official ↗

1. The clerk of the court must note contracts regarding inherited shares that are registered with him in the relevant inventories. The clerk must inform the acquirer, insofar as they are not themselves an heir, of the date of a possible partition.

Part Three: The Law of Succession - Second Division: The Course of Succession - Title Seventeen: The Division of the Estate - Second Section: The Method of Division
§ 221 Act on the Introduction of the Swiss Civil Code - D. Local Custom Art. 5, 611, 613 and 621[[1]](#articletitle_text_fn_1123572_2_1_c) CC Official ↗

**1. It is considered a local custom that from the parental inheritance, the sons receive the weapons, clothing, and jewels of the father, and the daughters receive the clothing and jewels of the mother. Their value is to be accounted for if such accounting is requested by one of the heirs.**

**2. The surviving parent has a right of usufruct over these items only to the extent that the remaining estate is insufficient to satisfy the usufruct claim.**

**3. These privileges are restricted to the children.**

Part Three: The Law of Succession - Second Division: The Course of Succession - Title Seventeen: The Division of the Estate - Second Section: The Method of Division
§ 222 Act on the Introduction of the Swiss Civil Code - E. Valuation Procedure Art. 618 Swiss Civil Code (ZGB) Official ↗

1. If the heirs cannot agree on the imputed value of the properties, the court clerk shall have it determined by one or more experts.

2. Reserved is the special legislation on agriculture.

Part Three: The Law of Succession - Second Division: The Course of Succession - Title Seventeen: The Division of the Estate - Second Section: The Method of Division
§ 223 Act on the Introduction of the Swiss Civil Code - F. Jurisdiction Official ↗

1. Disputes Concerning the Postponement of the Division of the Estate Due to Untimeliness (Art. 604 para. 2 of the Swiss Civil Code), the Formation of Partition Lots (Art. 611 para. 2 of the Swiss Civil Code), the Method of Auctioning an Indivisible Estate Item (Art. 612 of the Swiss Civil Code), the Sale or Allocation of Interrelated Items and Family Documents (Art. 613 of the Swiss Civil Code) shall be decided by the President of the District Court.

2. ...

Part Three: The Law of Succession - Second Division: The Succession - Seventeenth Title: The Division of the Estate - Annex: Supervision
§ 224 Act on the Introduction of the Swiss Civil Code - A. Estate Administrators, Heirs' Representatives, and Other Persons Official ↗

1. Executors of the estate (Art. 554, 555, 595ff. Swiss Civil Code), representatives of the community of heirs (Art. 602 para. 3 Swiss Civil Code), and other persons to whom specific tasks have been assigned in the probate proceedings (§ 212) are under the supervision of the probate clerk.

2. Appeals against their orders and omissions can be lodged in the first instance with the probate clerk. Appeals against the probate clerk’s decisions can be lodged in the second instance with the higher court within 10 days from the delivery of the reasoned decision.

Part Three: The Law of Succession - Second Division: The Succession - Seventeenth Title: The Division of the Estate - Annex: Supervision
§ 225 Act on the Introduction of the Swiss Civil Code - B. Court Clerk Official ↗

1. The activities of the district clerk in probate proceedings are subject to the supervision of the Supreme Court.

2. Appeals against orders and omissions of the district clerk can be filed with the Supreme Court within 10 days of becoming aware of them.

Part Three: The Law of Succession - Second Section: The Succession - Title Seventeen: The Division of the Estate - Appendix: Supervision
§ 225bis Act on the Introduction of the Swiss Civil Code - C. Executor Official ↗

1. The activity of the executor in probate proceedings is subject to the supervision of the President of the District Court.

2. Complaints against orders and omissions of the executor (Arts. 517 and 518 of the Swiss Civil Code) can be filed with the President of the District Court. The procedure is governed mutatis mutandis by the provisions of the Swiss Code of Civil Procedure regarding summary proceedings, applying the principle of investigation.

3. Appeals against decisions of the President of the District Court can be filed with the Superior Court within 10 days from the delivery of the reasoned decision. The procedure is governed mutatis mutandis by the provisions of the Swiss Code of Civil Procedure regarding appeals.

Part Four: Property Law - First Division: Ownership - Eighteenth Title: General Provisions
§ 226 Act on the Introduction of the Swiss Civil Code - A. Components Art. 642 SCC Official ↗

1. According to established practice, the components of a property particularly include

a) walls and enclosures that stand in the ground;

b) everything that is fixed to the ground or to a building in a manner impervious to being removed without damage, such as stoves and chimneys built into the ground or the building; doors, closures, windows, shutters, and blinds that belong to the building; cabinets, mirrors, and pictures embedded in the wall; as well as facilities structurally connected to the building, such as engines (water wheels, turbines, transmissions, steam engines, and the like), unloading facilities, pumping and stirring devices, elevators, boilers, fans, and the like;

c) conduits serving the premises for water, heating, gas, electricity, and similar utilities.

Part Four: Property Law - First Division: Ownership - Eighteenth Title: General Provisions
§ 227 Act on the Introduction of the Swiss Civil Code - B. Appurtenances Art. 644 SCC Official ↗

1. The following are considered appurtenances according to established practice

a) keys belonging to a building or enclosure, movable stoves and ovens, bathing installations, cask storage, and cellar hurdles;

b) for plots of land, fertilizer applied for cultivation and tree supports placed therein;

c) for agricultural enterprises, stocks of dry fodder, litter, and natural fertilizer, as far as they are necessary for farming operations;

d) for a property used for operating a factory or business, those items serving it exclusively and permanently, such as particularly transmissions, power, and lighting systems, insofar as these items are not components, as well as machines, tools, and equipment;

e) the necessary furniture for operating hotels and restaurants, including cooking, eating, and dining utensils, as well as linens.

Part Four: Property Law - First Division: Ownership - Eighteenth Title: General Provisions
§ 227bis Act on the Introduction of the Swiss Civil Code - C. Co-ownership 1. Order of Necessary Administrative Actions Art. 647 para. 2 no. 1 SCC Official ↗

1. The ordering of necessary administrative actions at the request of a co-owner is carried out by the President of the District Court.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 227ter Act on the Introduction of the Swiss Civil Code Official ↗

1. The exclusion of co-owners from the community and the associated orders are decided by the local court.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 228 Act on the Introduction of the Swiss Civil Code - D. Expropriation I. Principles Official ↗

1. Expropriation may be ordered when real rights to land, neighboring rights arising from property ownership, and personal rights of tenants and lessees of the property affected by the expropriation cannot be acquired through amicable agreement, and are required for the execution of projects for the public welfare.

2. These rights are generally permanently revoked. A temporary expropriation may only be granted for facilities and installations deemed necessary for the execution of a project, and it may last, unless otherwise agreed, for a maximum of 5 years. In special cases, it can be extended for an additional 5 years.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 229 Act on the Introduction of the Swiss Civil Code - II. Legitimacy Official ↗

1. The right of expropriation can be claimed by the state and municipalities as well as by public utility associations within the sense of the Municipal Act for public enterprises.

2. The right of expropriation can only be claimed by publicly or privately organized enterprises for projects that are in the interest of the entirety or a large part of the canton.

3. Special legislation is reserved for expropriation for residential construction purposes as well as for local, regional, and national planning.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 230 Act on the Introduction of the Swiss Civil Code - III. Jurisdiction Official ↗

1. The expropriation right is decided by the Executive Council. An appeal against the decision can be lodged with the Administrative Court.

2. The competent department issues the expropriation ban. It must be time-limited.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 231 Act on the Introduction of the Swiss Civil Code - IV. Compensation 1. Types Official ↗

1. Expropriated parties are entitled to full compensation, which, in the absence of an agreement, shall be determined by the Cantonal Appraisal Commission, and in cases of appeal, by the Supreme Court.

2. The expropriation compensation shall normally be in the form of money. Instead of monetary compensation, a material performance may wholly or partially substitute it with the consent of the expropriated party. The obligation to provide real replacement and the valuation thereof shall be determined by the cantonal appraisal authorities.

3. If the expropriation affects a professional farmer or tradesperson who relies on the property to be expropriated for their profession, real replacement should be provided whenever possible.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 232 Act on the Introduction of the Swiss Civil Code - 2. Scope Official ↗

1. The compensation shall extend to

a) the financial disadvantages incurred by the expropriated party due to the expropriation ban;

b) the market value of the expropriated right, including the depreciation of the remaining rights;

c) any disadvantages incurred by the expropriated party in this context.

1bis. In the expropriation of agricultural land under the scope of the Federal Act on Rural Land Rights (BGBB) of October 4, 1991, the business economic loss under customary cantonal management is additionally compensated as market value to the determined maximum price according to Article 66 BGBB, insofar as no real replacement is provided. The government council shall regulate the details in an ordinance and may base this on the calculation aid of the Conference of Agricultural Offices or another recognized and equivalent publication.

2. The specific advantages that accrue to the expropriated party from the enterprise shall be offset.

3. If the compensation for a material expropriation amounts to more than half of the market value, the expropriating public entity and the owner are entitled to assert formal expropriation. The procedure is governed by §§ 228 ff hereinabove.

Part Four: Property Law - Division One: Ownership - Title Eighteen: General Provisions
§ 232bis Act on the Introduction of the Swiss Civil Code - 2a) Compensation Agreement Official ↗

1. Where the right of expropriation is granted or the expropriation process is initiated, a written agreement made between the expropriator and the expropriated party concerning compensation is equivalent to a final and binding valuation decision.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 233 Act on the Introduction of the Swiss Civil Code - 3. Payment Official ↗

1. The responsible land registry administrator disburses the expropriation compensation.

2. Upon payment, the expropriated rights are transferred to the acquirer.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 233bis Act on the Introduction of the Swiss Civil Code - 4. Waiver of Expropriation Official ↗

1. The expropriator may renounce the expropriation within 60 days from the final legal decision of the valuation by providing written notice to the expropriated party.

2. After the early possession (§ 235) or the registration with the land registry office, renunciation is no longer possible.

3. The expropriator must compensate the expropriated party for the damage arising from the renunciation. This claim is subject to a statute of limitations of one year following the declaration of renunciation.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 234 Act on the Introduction of the Swiss Civil Code - V. Expropriation Official ↗

1. If, upon the completion of a project endowed with the right of expropriation, the expropriator retains land sections that cannot be utilized independently, the owners of the adjoining properties can be obligated by a decision of the governing council to acquire these plots, provided they are not unduly burdened by doing so.

Part Four: Property Law - First Division: Ownership - Eighteenth Title: General Provisions
§ 235 Act on the Introduction of the Swiss Civil Code - VI. Premature Transfer of Possession Official ↗

1. Upon initiation of the appraisal procedure, the appraisal commission may grant the expropriator early possession to avoid delays.

2. Prior to this, it must hear the affected parties and establish the facts relevant for the valuation.

3. It may make the possession contingent upon the provision of security to be determined by it.

4. In proceedings before the administrative court, its president is responsible for granting approval.

5. The expropriator must pay interest on the compensation from the time of taking possession.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
Section 236 Act on the Introduction of the Swiss Civil Code Act on the Introduction of the Swiss Civil Code - VII. Re-transfer Official ↗

1. The expropriated party or their heirs are entitled to demand the retransfer of the expropriated rights from the expropriator against reimbursement of the compensation received

a) if these rights are not used for the purpose for which the expropriation was approved within 10 years of acquiring ownership; upon request, an extension of this period, up to a maximum of 10 years, may be granted in justified cases, particularly if the relevant facility is included in a legally binding development plan;

b) if they are to be used for a purpose after the expiration of the 10 or 20 years for which expropriation rights would not be granted.

2. The right to retransfer is extinguished in all cases 30 years after the expropriation was granted.

3. Upon retransfer, the expropriated party must take into account the value-enhancing expenditures of the expropriator. Any decrease in value caused by the expropriator's actions on the property must be compensated by the latter.

4. The claim for retransfer of ownership becomes time-barred one year after the expiration of the deadline, in the case of paragraph 1, letter b, one year after the expropriated party becomes aware of the planned misuse.

5. The authority that approved the expropriation decides on the retransfer and extension of the deadline[78].

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 237 Act on the Introduction of the Swiss Civil Code - VIII. Substantive Expropriation 1. Principle Official ↗

1. If a public law restriction on property ownership is equivalent to an expropriation (constituting a case of material expropriation), the public entity that has imposed it is obliged to provide compensation.

Part Four: Property Law - Division One: Ownership - Title Eighteen: General Provisions
§ 237bis Act on the Introduction of the Swiss Civil Code - 2. Compensation Official ↗

1. The compensation is to be determined based on the market value that the encumbered property has at the time the property restriction comes into effect.

2. It can be claimed from the point in time specified in paragraph 1. The owners shall be individually notified or informed by publication of this time.

3. Furthermore, Sections 231-233bis shall apply mutatis mutandis.

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
§ 239 Act on the Introduction of the Swiss Civil Code - X. Regulation and Valuation Regulations Official ↗

1. A regulation on the expropriation procedure shall be issued by the Cantonal Council.

2. Within the framework of this regulation, the Supreme Court shall issue rules governing the procedure before the Cantonal Appraisal Commission and the Supreme Court.

Part Four: Property Law - First Division: Ownership - Eighteenth Title: General Provisions
§ 240 Act on the Introduction of the Swiss Civil Code - E. Protection of Cultural Heritage I. Protection of Antiquities and Artworks Official ↗

1. The government council is entitled to take measures for the preservation and against the disposal of antiquities, works of art, and historical documents that are of particular cultural and historical value to the canton or parts thereof.

2. Disposals made contrary to its orders are void.

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property Ownership - Section One: Subject Matter, Acquisition, and Loss of Real Property Ownership
§ 244 Act on the Introduction of the Swiss Civil Code Official ↗

1. If exploitable land is formed in a river (Aare, Emme, Birs) through alluvion or change in its course or water level from ownerless ground, it belongs to the state.

2. If such land forms in other public waters, it belongs to the adjoining property owners, but remains perpetually available for waterway correction without compensation.

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property Ownership - Section One: Subject Matter, Acquisition, and Loss of Real Property Ownership
§ 244bis Act on the Introduction of the Swiss Civil Code - A bis. Permanent Land Shifts Art. 660a SCC Official ↗

1. The areas with permanent ground displacements are designated by the government council.

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property Ownership - Section One: Subject Matter, Acquisition, and Loss of Real Property Ownership
§ 245 Act on the Introduction of the Swiss Civil Code Official ↗

1. The official proclamation of an extraordinary acquisition by prescription is ordered by the President of the District Court.

2. The registration of the extraordinary acquisition by prescription in the land register is carried out, provided no objection has been raised, on the basis of an order by the President of the District Court.

3. The President of the District Court decides on objections. In the case of dismissal, he orders the registration in the land register.

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property Ownership - Section One: Subject Matter, Acquisition, and Loss of Real Property Ownership
§ 246 Act on the Introduction of the Swiss Civil Code - C. Public Property Art. 664 SCC Official ↗

1. Public properties, such as roads, squares, and waters, are owned by the canton or the municipalities.

2. The communal use of these public properties is guaranteed.

3. The owner grants permission for uses of public properties that exceed communal use. They may refuse to issue a permit for intensified communal use or a concession for special use on grounds of public welfare, or they may attach conditions, stipulations, and time limitations.

4. If the canton is the owner, the permit is issued by the competent department; if the municipality is the owner, by the municipal council. Special legislation or municipal ordinances may designate another authority as competent.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 247 Act on the Introduction of the Swiss Civil Code Official ↗

1. Hunting, fishing, and mining are royal rights.

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property - Section Two: Content and Limitations of Real Property Ownership
§ 248 Act on the Introduction of the Swiss Civil Code - II. Mining Rights Official ↗

1. The Mining Right includes the right of the state to search for and extract useful minerals and fossils located within the earth's interior, for whose exploitation mining technical measures are required based on experience, as well as the right to capture and use mineral-bearing springs.

2. This right is regulated by specific legislation.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 250 Act on the Introduction of the Swiss Civil Code - C. Official Surveying Official ↗

1. Property owners must have their lands demarcated and surveyed.

2. The calculation of costs for the ongoing updating of official surveying is determined by the government council in a regulation. The remaining tasks of official surveying are awarded according to the regulations on public procurement.

2bis The costs of official surveying shall be borne as follows

a) the costs of demarcation shall be borne by the property owners;

b) the costs for the updating of official surveying shall be borne by the person or authority causing it, as far as this is determinable;

c) the remaining costs of official surveying, after deduction of federal contributions, shall be borne by the canton.

3. The government council regulates demarcation and official surveying, the creation of the base plan, the demarcation of sovereign boundaries, the updating of official surveying, and geographical names in a regulation. It may also regulate competencies and procedures. It may designate the updating surveyor as the surveying authority, who decides on objections to the official survey. Appeals against such decisions may be lodged with the competent department.

4. The government council may assign the execution of official surveying work to licensed and registered engineering surveyors and qualified surveying professionals.

5. The updating surveyor can issue the invoice for costs and advance payment for legally mandated work as a ruling. An appeal against the ruling can be lodged with the competent department. Final rulings of the updating surveyor are equivalent to enforceable court judgments; the updating surveyor may assert the statutory lien pursuant to § 283 letter a for this purpose.

6. ...

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 251 Act on the Introduction of the Swiss Civil Code - D. Neighbor Law I. Buildings Art. 686 Swiss Civil Code 1. Boundary Distance a) New Constructions Official ↗

1. Above-ground and underground new constructions must comply with the distances from neighboring property boundaries and from street areas, as well as from squares and bodies of water, as prescribed in the building legislation.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 253 Act on the Introduction of the Swiss Civil Code - b) Harmful Installations Official ↗

1. Installations Exerting a Harmful Influence on the Environment

Installations that exert a harmful influence on the environment may only, subject to the provisions of building legislation, be erected at a distance of at least 2 meters from the boundary of the property. Furthermore, the owner must take the necessary precautions on their property to prevent damage.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 254 Act on the Introduction of the Swiss Civil Code - 2. Reservation of Other Provisions Official ↗

1. The provisions of the construction and road legislation, building regulations, development plans, and municipal police regulations remain reserved.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 255 Act on the Introduction of the Swiss Civil Code - II. Plantations Art. 688 Civil Code 1. Trees Official ↗

1. For trees, excluding espalier trees, a distance of at least 2 meters must be maintained from the property boundary and public roads in urban areas, and at least 3 meters in rural areas.

2. In case of violation, the removal of the trees can be demanded within 3 years.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 256 Act on the Introduction of the Swiss Civil Code - 2. Forests a) New Plantations and Rejuvenations Official ↗

1. In the absence of a differing agreement, new forest plantations must maintain a distance of at least 5 meters from the open land of the neighbor, and if the plantations are made on the southern side, a distance of at least 9 meters must be observed.

2. The same provisions apply to forests that are planted near public roads.

3. In the rejuvenation of existing forests planted at distances less than those specified in paragraph 1, the previous distance must be preserved during planting, with a minimum distance of 2 meters in all cases, and where one forest borders another, at least 1 meter from the boundary must be observed.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 257 Act on the Introduction of the Swiss Civil Code - b) Existing Forests Official ↗

1. On roads of the first and second class, the owners of adjacent, already existing woodlands may be required by the Department of Construction and Justice to ensure adequate thinning of the area within the distances specified in § 256, insofar as this is necessary in the interest of traffic safety or road maintenance. The authority responsible for issuing this order is the Department of Construction and Justice for cantonal roads and the municipal council for municipal roads.

2. The road owner must provide compensation for any potential damage, which, in the absence of an agreement, will be determined through an appraisal process.

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property - Section Two: Content and Limitation of Real Property Ownership
§ 258 Act on the Introduction of the Swiss Civil Code - III. Easements Art. 691 and 693 Swiss Civil Code (ZGB) Official ↗

1. Determination of the Claim for Transmission and Laying of Lines is made by the President of the District Court, unless expropriation law is applicable.

Part Four: The Law of Property - First Division: Ownership - Title Nineteen: Land Ownership - Section Two: Content and Restrictions of Land Ownership
§ 259 Act on the Introduction of the Swiss Civil Code - IV. Entry onto Neighboring Property Art. 695 Civil Code 1. For the purpose of maintenance Official ↗

1. The owner must tolerate the entry or temporary use of his land if the neighbor absolutely must exercise this right to construct or maintain a building, clean or restore wells, manure, slurry, and waste pits, and similar installations located on the border, repair boundary walls, and trim hedges situated at the boundary.

2. The neighbor who wishes to exercise this right must notify the owner in advance.

3. He is liable for any damage.

4. ...

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property - Section Two: Content and Limitation of Real Property Ownership
§ 260 Act on the Introduction of the Swiss Civil Code - 2. Right of Egress and Right of Way for Bicycles Official ↗

1. Where the right of stepping over or turning with wheels is in effect, the entitled party is authorized to step onto or drive onto their neighbor's property to the extent required for exercising the right, provided that the neighbor's crops do not suffer significant damage. For tractor operations, these rights are limited to the plowing of boundary furrows. The entitled party must compensate for any damage caused by excessive or improper exercise of this right.

2. ...

3. The Cantonal Council may individually or collectively abolish the right of stepping over and the right of turning with wheels along Class I and II roads.

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property - Section Two: Content and Limitation of Real Property Ownership
§ 261 Act on the Introduction of the Swiss Civil Code - V. Wood storage (Giant) Art. 695 CC Official ↗

1. If the owner of a mountain forest lacks a sufficient path for the removal of felled timber, he may require the owners of the properties located below to grant him a timber slide (chute) in return for full compensation.

Part Four: Property Law - First Division: Ownership - Title Nineteen: Real Property - Section Two: Content and Limitation of Real Property Ownership
§ 262 Act on the Introduction of the Swiss Civil Code - VI. Enclosures Art. 697 SCC Official ↗

1. If the owner uses his property as pasture, he must construct and maintain the necessary enclosures to protect neighboring properties.

2. Along streets, roads, and footpaths, property may only be enclosed with barbed wire or other installations if the enclosure is shielded on the street side so that people and animals cannot be injured. This provision does not apply to mountain areas.

3. In the absence of an agreement to the contrary, new enclosures that are situated on the property boundary or at a distance of less than 3 meters from the boundary may reach a height of no more than 2 meters. The government council may issue special regulations in the interest of traffic safety regarding the distance of trees and shrubs as well as the permissible height of enclosures along public roads.

4. The special road policing regulations remain reserved.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 263 Act on the Introduction of the Swiss Civil Code Official ↗

1. The President of the District Court issues the prohibitions on entering forests and pastures and the appropriation of wild-growing berries, mushrooms, and similar items, as required in the interest of cultures.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 264 Act on the Introduction of the Swiss Civil Code - F. Exercise of Hunting and Fishing Art. 699 para. 2 CC Official ↗

1. Whoever is entitled to exercise hunting rights may enter others' properties that are not enclosed, as well as enclosed pastures.

2. ...

3. Avoidable damage must be compensated.

Part Four: The Law of Property - First Division: Ownership - Title Nineteen: Land Ownership - Section Two: Content and Restrictions of Land Ownership
§ 265 Act on the Introduction of the Swiss Civil Code - G. Public Law Restrictions I. Reck or Boatman's Path Art. 702 CC Official ↗

1. Owners of properties adjacent to navigable rivers required for rafting must allow the necessary towing path or navigational right of way without charge.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 266 Act on the Introduction of the Swiss Civil Code - II. Survey Markers Article 702 SCC Official ↗

1. The maintenance and administration of the position and elevation benchmarks are the responsibility of the Canton. If they are affected by an update of the official survey, they are the responsibility of the person or authority who prompted the update.

2. The Government Council regulates the maintenance and administration of the survey benchmarks in an ordinance.

Part Four: Property Law - First Chapter: Ownership - Title Nineteen: Real Property - Section Two: Content and Limitation of Real Property Ownership
§ 267 Act on the Introduction of the Swiss Civil Code - III. Public and Private Conduits Art. 691 and 702 SCC Official ↗

1. Public and private lines subject to neighbor law exist as statutory property restrictions without registration in the land register.

Part Four: Property Law - First Section: Ownership - Title Nineteen: Real Property Ownership - Second Subsection: Content and Limitation of Real Property Ownership
§ 268 Act on the Introduction of the Swiss Civil Code - IV. Land Improvements and Land Consolidations Art. 703 SCC Official ↗

1. If at least one-third of the involved landowners, who own more than half of the included land, decide on land improvements such as drainage, road construction, consolidation of agricultural properties and forests, as well as afforestation, the remaining landowners are obliged to join the enterprise. Landowners who do not appear or do not vote at the landowners' meeting are considered to be in agreement.

2. ...

3. The government council shall issue the implementing provisions by decree. In the case of land improvements, landowners should be given the opportunity to largely offset the costs incurred.

4. The legislation on construction, water engineering, forestry, and agriculture remains reserved.

Part Four: Property Law - First Chapter: Ownership - Title Nineteen: Real Property - Section Two: Content and Limitation of Real Property Ownership
§ 268bis Act on the Introduction of the Swiss Civil Code - H. Condominium Ownership Judicial Jurisdiction in Disputes Art. 712 a-t SCC Official ↗

1. The President of the District Court is responsible for disputes concerning condominium ownership

a) for the assessment of objections against orders regarding a condominium per Article 712c paragraph 3 of the Swiss Civil Code;

b) for authorizing the registration of a lien in favor of the condominium ownership per Article 712i paragraph 2 of the Swiss Civil Code;

c) for the appointment of the administrator according to Article 712q paragraph 2 of the Swiss Civil Code;

d) for the dismissal of the administrator pursuant to Article 712r paragraph 3 of the Swiss Civil Code.

Part Four: Property Law - First Division: Ownership - Title Twenty: Ownership of Movable Property
§ 269 Act on the Introduction of the Swiss Civil Code - Lost Property Art. 720, 720a and 721 SCC A. Notification of Finding and Permission for Auction Official ↗

1. The municipal president is responsible for receiving reports of found property, in addition to the police.

2. The municipal president is also the authority to whom an application for the authorization to auction a found item must be submitted.

Part Four: Property Law - First Division: Ownership - Title Twenty: Ownership of Movable Property
§ 270 Act on the Introduction of the Swiss Civil Code - B. Officially Retained Found Objects Official ↗

1. Found items that are received for safekeeping by the police or by the municipality shall be returned to the finder after the expiration of the five-year period mentioned in Article 722 of the Civil Code. If the found item has been auctioned before the expiration of this period according to Article 721 paragraph 2 of the Civil Code, the proceeds are to be handed over to the finder after 5 years.

2. If the finder is not known or waives their rights, the found item shall be auctioned as per the order of the police command or the municipal president.

3. The government council shall regulate the procedure to be followed in the disposal of officially stored found items and the use of the proceeds that are not claimed by the finder.

Part Four: Property Law - Second Division: Limited Real Rights - Title Twenty-One: Servitudes and Land Charges - Section One: Easements
§ 271 Act on the Introduction of the Swiss Civil Code - A. Right of Way Art. 740 SCC Official ↗

1. To the extent that the content of path rights for an individual case is not expressly defined or regulated by local custom, the following rules shall apply

a) anyone possessing a footpath right is allowed to use the path on foot, but not for riding, driving, or herding livestock;

b) anyone possessing a carriageway right is allowed to drive livestock along the path, but not to drag heavy loads.

**Part Four: Property Law - Second Division: Limited Real Rights - Title Twenty-One: Easements and Real Burdens - Section One: Real Easements**
§ 272 Act on the Introduction of the Swiss Civil Code - B. Grazing Rights Art. 740 SCC Official ↗

1. Grazing rights may be redeemed by the obligated party in exchange for compensation.

2. If, in the case of multiple grazing rights, the majority of the obligated parties or the owners of the larger portion of the burdened land demand redemption, this declaration is also binding on the others.

Part Four: The Law of Property - Second Division: Limited Real Rights - Title Twenty-One: Servitudes and Encumbrances - Section Two: Usufruct and Other Servitudes
§ 273 Act on the Introduction of the Swiss Civil Code Official ↗

1. Concerning the claims for security of the owner against the usufructuary and the order of guardianship, the decisions are made by the district court president.

Part Four: The Law of Property - Second Division: Limited Real Rights - Title Twenty-One: Servitudes and Encumbrances - Section Two: Usufruct and Other Servitudes
§ 274 Act on the Introduction of the Swiss Civil Code - B. Inventory Recording in Usufruct Art. 763 Swiss Civil Code (ZGB) Official ↗

1. The inventory of items subject to usufruct shall be officially authenticated by the registrar or the notary.

Part Four: The Law of Property - Second Division: Limited Real Rights - Title Twenty-One: Easements and Encumbrances - Section Two: Usufruct and Other Easements
§ 275 Act on the Introduction of the Swiss Civil Code - C. Liquidation of the Usufructuary Property Art. 766 SCC Official ↗

1. The determination regarding the liquidation of the usufruct assets and the release of the usufructuary from the obligation to pay interest shall be made by the clerk of the court.

Part Four: Property Law - Division Two: Limited Real Rights - Title Twenty-One: Servitudes and Encumbrances - Section Three: Encumbrances
§ 277 Act on the Introduction of the Swiss Civil Code - A. Valuation Art. 783 SCC Official ↗

1. For the estimation of the total value of real burdens, in the event of a dispute, the authorities of the cadastral assessment are responsible.

Part Four: Property Law - Division Two: Limited Real Rights - Title Twenty-One: Servitudes and Encumbrances - Section Three: Encumbrances
§ 278 Act on the Introduction of the Swiss Civil Code - B. Public Law Art. 784 SCC Official ↗

1. The obligations for the maintenance of works related to land improvement and land consolidation or of installations on public or private land constitute public law encumbrances, which exist without registration in the land register.

Part Four: Property Law - Second Division: Limited Real Rights - Title Twenty-Two: The Mortgage - Section One: General Provisions
§ 279 Act on the Introduction of the Swiss Civil Code - A. Prohibition of Penalty Interest Art. 795 SCC Official ↗

1. The agreement that the debtor, who is in arrears with the payment of interest, shall pay higher interest is void. The claim for default interest is excepted.

Part Four: Property Law - Second Division: Limited Real Rights - Title Twenty-Two: The Mortgage - Section One: General Provisions
§ 280 Act on the Introduction of the Swiss Civil Code Official ↗

1. Properties that belong to the administrative assets of a municipality may not be pledged.

Part Four: Property Law - Second Division: Limited Real Rights - Title Twenty-Two: The Mortgage - Section One: General Provisions
§ 281 Act on the Introduction of the Swiss Civil Code - C. Measures in Case of Depreciation of the Mortgaged Property Art. 808 para. 1 and 2, 809-811 SCC Official ↗

1. If the owner diminishes the value of the pledged item, the President of the District Court may prohibit any further harmful influence by the owner and authorize the creditor to take appropriate measures.

2. The President of the District Court decides on the creditor's security claims in the event of an actual or threatened depreciation in value and when small pieces are separated.

**Fourth Part: Property Law - Second Division: Limited Real Rights - Twenty-Second Title: The Mortgage - Second Section: The Land Charge**
§ 282 Act on the Introduction of the Swiss Civil Code - A. Distribution of Lien in Case of Sale and Fragmentation Art. 792, 833, 846 and 852 SCC Official ↗

1. Distribution of Pledge Liability Upon the Sale of a Portion of a Mortgaged Property or One of Several Mortgaged Properties Owned by the Same Owner, or Upon the Fragmentation of the Subordinate Pledge: If the parties cannot reach an agreement, the distribution shall be carried out by the district clerk.

**Fourth Part: Property Law - Second Division: Limited Real Rights - Twenty-Second Title: The Mortgage - Second Section: The Land Charge**
§ 283 Act on the Introduction of the Swiss Civil Code - B. Statutory Liens under Cantonal Law I. Without Registration Art. 836 Para. 2 SCC 1. Cases Official ↗

1. According to cantonal law, upon the maturation of the underlying claim, a statutory lien arises without the need for registration in the land register, which takes precedence over any registered encumbrances

a)* in favor of the state for transfer taxes, state notarization and land registry fees, as well as the costs of land registry surveying and cadastral assessment;

b)* in favor of municipalities, water supply companies, and sewage disposal companies for the last due annual usage fees;

c) in cases designated by special legislation.

**Fourth Part: Property Law - Second Division: Limited Real Rights - Twenty-Second Title: The Mortgage - Second Section: The Land Charge**
§ 283bis Act on the Introduction of the Swiss Civil Code - 2. Procedure Official ↗

1. If legal liens in the amount of over 1000 Swiss Francs arise under § 283 without registration in the land register and are not entered in the land register within four months after the due date of the underlying claim, but no later than within two years from the creation of the claim, they can no longer be asserted against third parties who rely in good faith on the land register after the expiration of the registration period.

2. The request for registration is to be directed to the land registry office by the competent authority.

3. Specific procedural regulations of special legislation remain reserved.

**Fourth Part: Property Law - Second Division: Limited Real Rights - Twenty-Second Title: The Mortgage - Second Section: The Land Charge**
§ 284 Act on the Introduction of the Swiss Civil Code - II. Upon Registration Art. 836 para. 1 SCC 1. Cases Official ↗

1. The Claim for Establishment of a Statutory Lien with Registration Exists

a) in favor of the state and municipalities for the cost shares in the construction, correction, and expansion of public roads, sidewalks, and plazas, bridges, and culverts;

b) in favor of the state and municipalities for the cost shares in the correction and maintenance of water bodies;

c)* in favor of the state and municipalities for the obligation to refund subsidies;

d)* in favor of municipalities, public-law corporations, and public-law institutions for the cost shares in sewerage, water supply, and wastewater treatment facilities;

e)* in favor of land improvement associations for the cost shares of land improvements according to § 268;

f)* in the cases designated by special legislation.

**Fourth Part: Property Law - Second Division: Limited Real Rights - Twenty-Second Title: The Mortgage - Second Section: The Land Charge**
§ 285 Act on the Introduction of the Swiss Civil Code - 2. Order and Procedure Official ↗

1. The lien pursuant to § 284 ranks after statutory liens without registration.

2. The registration of the lien must occur no later than four months after the claim becomes due.

3. The request for registration must be addressed to the land registry office.

4. If the owner refuses to cooperate, the president of the district court will decide on the registration.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →