CH-TI
Law on the Application and Supplementation of the Swiss Civil Code (LAC) (LAC)
Table of Provisions (261)
Statutory Text (261 Articles)
The jurisdiction of the judicial authorities and the procedure for disputes arising from the application of the Swiss Civil Code are governed by the organic law on the judiciary, the Code of Civil Procedure, and special laws, unless otherwise provided herein.
-7 … [2]
[2] Arts. repealed by Law 24.6.2010; in force from 1.1.2011 - O.J. 2010, 320; previous amendments: O.J. 1925, 19; O.J. 1937, 205; O.J. 1942, 215; O.J. 1966, 365; O.J. 1971, 267; O.J. 1973, 201; O.J. 1988, 125; O.J. 1989, 265; O.J. 1992, 415; O.J. 1994, 143; O.J. 1999, 358; O.J. 2000, 25; O.J. 2007, 579; O.J. 2008, 230.
[4] 1 … [5]
2 The Civil Status Supervisory Authority is the competent authority to initiate *ex officio* an action for annulment of marriage in the cases provided for by Articles 105 and 106 of the Swiss Civil Code.
3 The power referred to in paragraph 2 may also be exercised by the municipality of the communes of origin and domicile, which have the right to appear in court on their own behalf.
[4] Art. amended by L 29.11.1999; in force since 4.2.2000 - BU 2000, 25; previous amendments: BU 1925, 19; BU 1978, 25; BU 1989, 265; BU 1999, 358.
[5] Para. repealed by L 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[6] 1 … [7]
2 The civil status supervisory authority is the competent authority to initiate ex officio an action for annulment of a registered partnership in the case provided for in Art. 9 para. 2 of the Federal Act of 18 June 2004 on Registered Partnerships.
3 The right under para. 2 may also be exercised by the municipality of the communes of origin and of domicile, which are entitled to be parties to the proceedings on their own behalf.
VII. Competent Authorities in Provisional Matters under the CO [8]
[6] Art. introduced by L 25.6.2007; in force since 1.1.2007 - FO 2007, 579.
[7] Para. abrogated by L 24.6.2010; in force since 1.1.2011 - FO 2010, 320.
[8] Marginal note modified by L 15.6.1937; in force since 1.7.1937 - FO 1937, 205.
[9] The Justice of the Peace is the competent authority provided for by Articles 435, 444 para. 2, 445 para. 1 and 453 of Book V of the Swiss Civil Code (CO).
Their intervention must be requested through the procedure for provisional judgments.
[9] Art. amended by Law of 14.1.1925; in force since 30.1.1925 - BU 1925, 19.
… [10]
Competent authority for disputes concerning tenancy and lease agreements [11]
[10] Art. repealed by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 320; previous amendments: BU 1925, 19; BU 1989, 265.
[11] Marginal note amended by Law of 28.1.2002; in force since 29.3.2002 - BU 2002, 80.
[12] The Justice of the Peace is the judicial authority competent to decide, after the intervention of the Conciliation Office, all disputes concerning the lease of residential and commercial premises and rent.
[12] Art. amended by Law of 28.1.2002; in force since 29.3.2002 - BU 2002, 80; previous amendments: BU 1970, 163; BU 1993, 25.
… [13]
[13] Art. repealed by L 24.6.2010; in force from 1.1.2011 - BU 2010, 320; previous amendments: BU 1988, 64; BU 2002, 80.
The mayors are competent, within the limits of their territorial jurisdiction, for the following measures
1. to receive notices of the finding of an infant and to arrange for its registration in the civil status register (Art. 46 para. 2);
2. ... [14]
3. ... [15]
4. to receive notices concerning lost property (Art. 720) and to authorize its sale by auction after publication (Art. 721 para. 2);
5. to take, upon request of the head of the family, the necessary measures to prevent a mentally ill or mentally weak person from exposing themselves or others to danger or harm (Art. 333 para. 3).
The mayors are also the competent authorities foreseen by Arts. 204 para. 3 and 427 para. 3 of Book V CCS (CO). [16]
In the case of Art. 268b of the same book, the police or the mayors are the competent authorities. [17]
[14] Number abrogated by Law of 24.10.1988; in force since 6.12.1988 – BU 1988, 335; previous amendment: BU 1925, 19.
[15] Number abrogated by Law of 24.10.1988; in force since 6.12.1988 – BU 1988, 335; previous amendment: BU 1925, 19.
[16] Paragraph introduced by Law of 14.1.1925; in force since 30.1.1925 – BU 1925, 19.
[17] Paragraph amended by Law of 9.6.1997; in force since 22.7.1997 – BU 1997, 375; previous amendment: BU 1925, 19.
The local municipality is competent for the following matters
1. … [18]
2. ... [19]
3. ... [20]
4. prohibiting access to pastures or forests in the interest of cultivation (699);
5. bringing an action to contest the recognition of paternity (Art. 259 para. 2 no. 3, 260a para. 1 SCC); [21]
6. being sued in actions for the ascertainment of paternal affiliation where the father is deceased and his ascendants, descendants, and collaterals are absent (Art. 261 para. 2 SCC). [22]
... [23]
Also falling within the competence of the local municipality is the application for the fulfillment of a charge accepted by a donee, insofar as such charge redounds to the benefit of the respective municipality (Art. 246 CO). [24]
[18] Number repealed by L 16.9.2025; in force since 21.11.2025 - BU 2025, 279.
[19] Number repealed by L 20.6.1989; in force since 10.10.1989 - BU 1989, 265.
[20] Number repealed by L 20.6.1989; in force since 10.10.1989 - BU 1989, 265.
[21] Number introduced by L 20.12.1977; in force since 1.1.1978 - BU 1978, 25.
[22] Number introduced by L 20.12.1977; in force since 1.1.1978 - BU 1978, 25.
[23] Paragraph repealed by L 20.6.1989; in force since 10.10.1989 - BU 1989, 265; previous amendment: BU 1978, 25.
[24] Paragraph introduced by L 14.1.1925; in force since 30.1.1925 - BU 1925, 19.
The municipality of the place of origin is competent for the following matters
1. ... [25]
2. ... [26]
3. challenge of recognition (Art. 259 para. 2 no. 3, 260a para. 1 CC); [27]
4. promotion of the declaration of disappearance (550).
The municipality of the place of domicile may also perform these acts when it may be subject to the obligation of assistance or when it acts in the interest of an inheritance or guardianship opened in the municipality.
[25] Number revoked by L 20.12.1977; in force since 1.1.1978 - BU 1978, 25.
[26] Number revoked by L 20.12.1977; in force since 1.1.1978 - BU 1978, 25.
[27] Number modified by L 20.12.1977; in force since 1.1.1978 - BU 1978, 25.
[28] Art. repealed by L 29.11.2011; in force from 1.1.2012 - BU 2012, 8; previous amendments: BU 1978, 25; BU 1997, 47.
... [29]
5. Part of the Department of Institutions [30]
[29] Art. repealed by Law of 29.11.2011; in force since 1.1.2012 - BU 2012, 8; previous amendments: BU 1925, 19; BU 1997, 47; BU 2010, 320.
[30] Marginal note amended by Law of 30.9.1996; in force since 1.3.1997 - BU 1997, 47.
[31] 1 The Department of Institutions is responsible
a) for authorizing a change of name (Art. 30 para. 1 and 2 CC)
b) for pronouncing adoption (Art. 268 CC).
2 Any decision of the Department of Institutions in the matters referred to in paragraph 1 may be appealed to the Court of Appeal within a period of thirty days. [32]
[31] Art. amended by L 30.9.1996; in force since 1.3.1997 - BU 1997, 47; previous amendments: BU 1966, 28; BU 1989, 265.
[32] Para. amended by L 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[33] 1 The Department of Finance and Economy is the competent authority to issue the authorization for issuing warehouse receipts (Art. 482 para. 1 CO) and to impose fines on unauthorized issuers (Art. 1155 para. 2 CO).
2 Appeals against decisions of the Department of Finance and Economy concerning the authorization to issue warehouse receipts may be lodged with the Council of State. Appeals against decisions of the Council of State may be lodged with the Cantonal Administrative Court. The Administrative Procedure Act of 24 September 2013 is applicable. [34]
3 ... [35]
[33] Art. amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 212 and 281; previous amendment: BU 1997, 47.
[34] Para. amended by L 24.9.2013; in force since 1.3.2014 - BU 2013, 481.
[35] Para. repealed by L 20.4.2010; in force since 1.1.2011 - BU 2010, 254; previous amendment: BU 2002, 130.
[36] 1 The Department of Health and Social Affairs is responsible for
a) handling the procedure for issuing the authorisation to welcome a minor for adoption purposes (Art. 316 para. 1 bis CC) and supervising the affiliation relationship until adoption;
b) fulfilling the tasks assigned to the Cantonal Information Service as per Art. 268d CC.
2 Any decision by the Department of Health and Social Affairs in the matters referred to in paragraph 1 may be appealed to the Council of State within thirty days. Decisions of the Council of State may be appealed to the Protection Chamber of the Court of Appeal within thirty days.
[36] Art. introduced by Law of 11.12.2017; in force since 1.1.2018 - BU 2018, 49.
[38] 1 The Council of State is competent
a) for the request for the dissolution of an association (Art. 78 SCC);
b) ...; [39]
c) for the supervision of draws for securities issued in series and the cancellation of drawn securities (Art. 882 SCC);
d) for the authorisation of pledges on livestock (Art. 885 SCC), to decree fees for entries in the relevant register and related operations, as well as for the general authorisation of loans on pledge (Art. 907-915 SCC); the related decisions may be appealed before the Cantonal Administrative Court; [40]
e) for the request for the fulfillment of a charge accepted by a donee, when said charge benefits multiple municipalities, one or more districts, or the Canton (Art. 246 para. 2 CO).
2 ... [41]
[38] Art. amended by L 30.9.1996; in force since 1.3.1997 - BU 1997, 47; previous amendments: BU 1966, 128; BU 1973, 201; BU 1989, 265; BU 1994, 143.
[39] Sub-para. abrogated by L 29.11.1999; in force since 4.2.2000 - BU 2000, 25; previous amendment: BU 1999, 358.
[40] Sub-para. amended by L 2.12.2008; in force since 27.1.2009 - BU 2009, 26.
[41] Para. abrogated by L 29.11.1999; in force since 4.2.2000 - BU 2000, 25; previous amendment: BU 1999, 358.
... [42]
[42] Article repealed by Law of 29.11.2011; in force from 1.1.2012 - OG 2012, 8; previous amendments: OG 1982, 111; OG 1997, 47.
[43] 1 The professional exercise of marriage brokerage or partner search services for persons abroad, or on behalf of persons abroad, is subject to the authorization and supervision of the Council of State.
2 Appeals against decisions of the Council of State may be filed with the Cantonal Administrative Court within fifteen days.
[43] Art. introduced by L 29.11.1999; in force since 4.2.2000 - BU 2000, 25; previous amendment: BU 1999, 358.
[44] 1 The Land Registry Office is responsible for the safekeeping and management of the land register, including provisional registers and previous mortgage registers.
2 The office may be organized jointly with the Office for Debt Collection and Bankruptcy.
3 The register of matrimonial property and declarations to maintain the regime of community of property (Art. 9 and Final Title CC) or to submit to the regime of participation in acquisitions (Art. 10b Final Title CC) are kept by the Commercial Register Office.
[44] Art. amended by Law of 27.9.2005; in force since 1.7.2006 – OJ 2005, 392; previous amendment: OJ 1988, 125.
The enforcement and bankruptcy officer maintains the register of reservations of title to movable property (715) and that of the pledging of livestock (885).
[45] Notarial instruments, patents and inventories are public deeds.
Public deeds also include contracts of sale and exchange of immovable property drawn up by a municipal secretary in accordance with the law of 26 November 2013 on public deeds drawn up by municipal secretaries, when their value does not exceed 2,000 francs.
[45] Art. amended by Law 26.11.2013; in force since 1.7.2015 - BU 2015, 165; previous amendments: BU 1963, 3; BU 1985, 217; BU 2006, 509.
The form of the public instrument, as provided by the current notarial law, is generally maintained as the form of the public deed.
[46] The form of the patent is prescribed by the current notarial law.
[46] Article amended by Law 19.1.1967; in force since 4.8.1967 - BU 1967, 150.
[47] The acts that can be done by patent are indicated by the current notarial law.
[47] Art. amended by L 19.1.1967; in force from 4.8.1967 - BU 1967, 150.
[48] The notarial inventory is drawn up by patent in accordance with the rules of civil procedure.
[48] Art. amended by Law of 19.1.1967; in force since 4.8.1967 - BU 1967, 150.
[49] When the law only prescribes the authentication of signatures or of the date, this is performed by the notary according to the rules established by the notarial law.
The authentication of signatures can also be performed by the municipal secretary or by another municipal employee expressly designated by the Municipality, if cumulatively
- the parties are domiciled in the municipality,
- the secretary or the employee knows them personally.
The legalization must be mentioned in the protocol of municipal resolutions or in a specific register of authentications, under penalty of nullity. The authentication declares that on such day, month, and year, such persons appeared, domiciled in the respective municipality and personally known, who, in their presence, affixed the aforementioned signatures (or declared to have affixed them), and also declares that the authentication has been noted in the protocol of municipal resolutions or in the specific register of authentications.
[49] Art. amended by L 26.1.2004; in force from 5.4.2004 - BU 2004, 169.
[50] Notaries shall keep a special register for the entry of all authentications of deeds or signatures made in private form, indicating the date, the nature of the deed, and the names of the signatories.
They shall also record therein all inventories they are requested to make or that are entrusted to their custody, as well as the entry of all other deeds received in patent form.
All these entries and annotations must bear a progressive serial number.
[50] Art. amended by L 19.1.1967; effective from 4.8.1967 - BU 1967, 150.
… [51]
[51] Article repealed by Law 26.11.2013; in force since 1.7.2015 – BU 2015, 165; previous amendment: BU 1985, 217.
The publications prescribed by the Swiss Civil Code (SCC) are made through the Cantonal Official Gazette and, in cases provided for by law, also in the Federal Commercial Gazette.
The authority competent to perform an act that must be published is always competent to proceed ex officio with its publication.
It may arrange for greater publicity according to individual cases.
In cases of declaration of absence (36), administration of an estate (555), notification to heirs and legatees of unknown domicile (ibid.), public notice for the benefit of inventory (582), registration of a property in the land register by extraordinary prescription (662), and purging of pre-existing real rights (43 Final Title), the publication must be repeated at least twice.
… [52]
[52] Art. repealed by L 24.6.2010; in force from 1.1.2011 - BU 2010, 320.
The enjoyment of civil rights is lost for life, or temporarily, in cases determined by public law.
[54] 1 The Department of Institutions is responsible for the execution of electronic surveillance.
2 The perpetrator of the offense is obliged to bear the costs for the execution of electronic surveillance.
3 The judge who ordered the electronic surveillance may at any time review the data.
4 The judicial authority may request the extraction and recording of data onto an independent medium for the purpose of their preservation within the framework of judicial proceedings.
5 The Council of State issues the implementing provisions.
[54] Art. introduced by L 12.4.2022; in force since 1.1.2022 - BU 2022, 164.
[56] The Council of State shall define the civil status districts by regulation, fix the locations of the regional offices, and establish the distribution of operational competencies between these offices and the central office.
[56] Art. amended by L 26.1.2004; in force from 1.6.2004 - BU 2005, 188; previous amendments: BU 1925, 19; BU 1954, 171; BU 1999, 358; BU 2000, 25.
[57] The management of the district civil status offices is administered and coordinated by the central office.
[57] Art. introduced by Law 26.1.2004; in force since 1.6.2004 - BU 2005, 188.
[58] The Central Office and the district civil status offices comprise a civil status officer and at least one deputy.
[58] Art. introduced by Law 26.1.2004; in force since 1.6.2004 - BU 2005, 188.
[59] 1 The civil status officers and their deputies are appointed by the Council of State and chosen from among persons who meet
a) the requirements provided for by federal legislation;
b) specific professional training attested by a special certificate or equivalent training recognized by the Supervisory Authority.
2 The regulation establishes the requirements and the competent authority for designating the extraordinary deputy.
[59] Art. introduced by Law of 26.1.2004; in force since 1.6.2004 - BU 2005, 188.
[60] Mayors and deputy mayors may be designated by the Council of State as civil registrars with powers limited solely to the celebration of marriages in their respective communes of appointment.
[60] Art. introduced by Law 22.2.2005; in force from 15.4.2005 - BU 2005, 140.
… [61]
II. Supervision and Appeal [62]
[61] Article repealed by Law of 25.6.2007; in force since 1.1.2007 – OS 2007, 579; previous amendment: OS 2005, 140.
[62] Marginal note amended by Law of 24.6.2010; in force since 1.1.2011 – OS 2010, 320; previous amendment: OS 1997, 47.
[63] 1 The cantonal civil status service is subject to the supervision of the Department of Institutions.
2 An appeal against decisions of civil status registrars may be filed with the Cantonal Supervisory Authority within thirty days of the interested party becoming aware of the decision.
3 An appeal against any decision of the Department of Institutions may be filed by interested parties with the Court of Appeal within thirty days.
[63] Art. amended by L 24.6.2010; in force since 1.1.2011 - BU 2010, 320; previous amendments: BU 1954, 171; BU 1978, 25; BU 1997, 47; BU 1999, 358; BU 2000, 25.
… [64]
[64] Article repealed by Law 26.1.2004; effective from 1.6.2004 - Official Bulletin 2005, 188; previous amendments: Official Bulletin 1954, 171; Official Bulletin 1979, 31.
… [65]
[65] Art. repealed by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320; previous amendments: BU 1954, 171; BU 1978, 25; BU 1997, 47; BU 1999, 358; BU 2000, 25.
The patricianates, the vicinates, and the *degagne*, the parishes and the ecclesiastical foundations possess legal personality and exercise civil rights in accordance with their respective special legislation.
The "bogge" for the exercise of alpine pasturage possess legal personality insofar as their respective regulations confer upon them a particular purpose and organs, and are approved by the Council of State.
Consortia of municipalities, for any purpose of public interest, and consortia of land or livestock owners, for specific purposes prescribed in the public interest (embankment, consolidation, land improvement, insurance, etc.), acquire legal personality by virtue of their constitution and approval by the competent authority.
This authority supervises, in accordance with the law, the establishment of their representation, and in the absence of applicable provisions, prescribes, on a case-by-case basis, the necessary rules for the organization and representation of the consortium.
Consortia and voluntary public utility associations that receive a subsidy from the State, contingent upon the approval of their statutes, acquire legal personality upon such approval by the Council of State.
[68] 1 The Department of Health and Social Affairs is responsible for
a) handling the procedure for issuing the authorization to receive a minor for adoption purposes (Art. 316 para. 1 bis CC);
b) monitoring the affiliation relationship until adoption and supervising it;
c) fulfilling the tasks assigned to the Cantonal Information Service as per Art. 268d CC.
2 The Department of Institutions is responsible for pronouncing the adoption (Art. 268 CC) and for deciding on the possibility of waiving parental consent to adoption in accordance with Art. 265d para. 2 CC.
[68] Art. amended by L 11.12.2017; in force since 1.1.2018 - BU 2018, 49; previous amendments: BU 1973, 201; BU 1997, 47; BU 2010, 320.
[69] 1 An appeal against decisions of the Department of Health and Social Services may be lodged with the Council of State within thirty days. An appeal against decisions of the Council of State may be lodged with the Protection Chamber of the Court of Appeal within thirty days.
2 An appeal against decisions of the Department of Institutions concerning the refusal of adoption and the possibility of dispensing with parental consent to adoption in accordance with Art. 265d para. 2 CC may be lodged with the Court of Appeal within thirty days.
[69] Art. reintroduced by Law of 11.12.2017; in force since 1.1.2018 - BU 2018, 49; previous amendments: BU 1973, 201; BU 1997, 47; BU 2010, 320.
-38d … [70]
[70] Articles repealed by Law 11.12.2017; effective from 1.1.2018 - BU 2018, 49; previous amendments: BU 1973, 201; BU 1997, 47, 212 and 281; BU 2010, 320.
[73] The organization and procedure concerning guardianships and curatorships are governed by a special law.
[73] Art. modified by Law of 8 March 1999; in force since 1 January 2001 - BU 2000, 367; previous modifications: BU 1951, 87; BU 1973, 201; BU 1978, 25; BU 1997, 47.
[74] The supervisory authority over guardianships and curatorship, having heard the parents, the minor capable of discernment, the person or authority who requested the measure, and having gathered the relevant information, if the legal grounds are met, shall pronounce, with a reasoned judgment, the deprivation of parental authority; the same competence is vested in the guardianship delegation in cases provided for by Art. 312 SCC.
[74] Art. introduced by Law of 30.9.1996; in force since 1.3.1997 - BO 1997, 47.
[75] 1 The supervisory authority for guardianships and curatorships may adopt, ex officio or upon application by a party, provisional measures required by the circumstances; within this scope, it may decide on measures normally falling within the competence of the guardianship delegation.
2 The authority that has rendered the decision shall rule on the costs.
[75] Art. introduced by Law of 30.9.1996; in force since 1.3.1997 - BU 1997, 47.
[76] Restoration of parental authority may be ordered, upon application by the parent who has been deprived of it or ex officio, by the authority that pronounced the deprivation.
IV. Appeal [77]
[76] Art. introduced by L 30.9.1996; in force since 1.3.1997 - BU 1997, 47.
[77] Marginal note amended by L 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[78] 1 Decisions of the supervisory authority regarding guardianships and curatelles concerning the deprivation and reinstatement of parental authority, and decisions concerning provisional measures, are appealable to the Court of Appeal within thirty days. [79]
2 Both in the first instance and upon appeal, the competent authority may order the deprivation of parental custody, educational curatorship, or other appropriate measures, even when the deprivation or revocation of parental authority was requested.
[78] Art. introduced by Law of 30.9.1996; in force since 1.3.1997 - BU 1997, 47.
[79] Para. amended by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
42bis ... [80]
[80] Art. repealed by Law of 8.3.1999; in force since 1.1.2001 - BU 2000, 367; previous amendments: BU 1973, 201; BU 1978, 25.
-44 ... [82]
[82] Art. repealed by Law 8.3.1999; in force since 1.1.2001 - BU 2000, 367; previous amendment: BU 1978, 25.
... [84]
[84] Art. repealed by L 8.3.1999; in force from 1.1.2001 - BU 2000, 367; previous amendments: BU 1951, 87; BU 1997, 47.
... [85]
[85] Art. repealed by L 8.3.1999; in force since 1.1.2001 - BU 2000, 367; previous amendments: BU 1925, 19; 1951, 87; BU 1989, 265; BU 1997, 47.
... [86]
[86] Article repealed by Law of 8 March 1999; in force from 1 January 2001 - BU 2000, 367; previous amendments: BU 1951, 87; BU 1997, 47.
[87] Article repealed by Law 8.3.1999; effective from 1.1.2001 - BO 2000, 367; previous amendment: BO 1997, 47.
... [88]
[88] Art. repealed by Law 8.3.1999; in force since 1.1.2001 – BU 2000, 367; previous amendments: BU 1951, 87; BU 1997, 47.
... [90]
[90] Article repealed by Law 8.3.1999; in force from 1.1.2001 - BU 2000, 367; previous amendments: BU 1951, 87; BU 1997, 47.
... [92]
[92] Art. repealed by Law 8.3.1999; in force since 1.1.2001 - BU 2000, 367; previous amendment: BU 1993, 357.
[93]
[93] Art. repealed by L 8.3.1999; in force since 1.1.2001 - BU 2000, 367; previous amendment: BU 1997, 47.
53 ... [94]
[94] Arts. repealed by Law 8.3.1999; in force from 1.1.2001 – BU 2000, 367.
... [95]
[95] Article repealed by Law of March 8, 1999; in force since January 1, 2001 - Bulletin of Legislation (BU) 2000, 367; previous amendments: Bulletin of Legislation (BU) 1925, 19; Bulletin of Legislation (BU) 1978, 25; Bulletin of Legislation (BU) 1993, 357 and 360; Bulletin of Legislation (BU) 1997, 47.
54b ... [96]
[96] Arts. repealed by the L of 8.3.1999; in force since 1.1.2001 - BU 2000, 367; previous amendment: BU 1997, 47.
... [98]
[98] Article repealed by Law of 8.3.1999; effective from 1.1.2001 - BU 2000, 367; previous amendments: BU 1925, 19; BU 1978, 25; BU 1993, 357; BU 1997, 47.
[99] Art. repealed by Law 8.3.1999; in force from 1.1.2001 - BU 2000, 367; previous amendment: BU 1925, 19.
[100] Art. repealed by Law 8.3.1999; in force from 1.1.2001 - BU 2000, 367.
... [102]
[102] Art. repealed by Law of 8.3.1999; effective from 1.1.2001 - BU 2000, 367; previous amendments: BU 1925, 19; BU 1993, 357.
... [103]
[103] Art. abrogated by L 8.3.1999; in force from 1.1.2001 - BU 2000, 367; previous amendment: BU 1925, 19.
-61 ... [104]
[104] Art. repealed by Law 8.3.1999; in force since 1.1.2001 - BU 2000, 367; previous amendment: BU 1993, 357.
[105] Art. abrogated by the Law of 8.3.1999; in force from 1.1.2001 - BU 2000, 367; previous amendments: BU 1925, 19; BU 1993, 357.
[106] Art. abrogated by Law of 8.3.1999; in force from 1.1.2001 - BU 2000, 367; previous amendment: BU 1993, 357.
... [107]
[107] Art. repealed by Law of 8.3.1999; in force from 1.1.2001 - OJ 2000, 367; previous amendments: OJ 1925, 19; OJ 1993, 357.
... [108]
[108] Art. abrogated by Law 17.5.1993; effective from 1.1.1993 - BU 1993, 357; previous amendment: BU 1925, 19.
... [109]
[109] Art. repealed by Law 17.5.1993; in force from 1.1.1993 - BU 1993, 357.
[110] Art. repealed by Law 17.5.1993; effective from 1.1.1993 - BU 1993, 357; previous amendment: BU 1925, 19.
... [111]
[111] Article repealed by Law 17.5.1993; in force from 1.1.1993 - BU 1993, 357; previous amendments: BU 1925, 19; BU 1978, 25.
-73 ... [112]
[112] Arts. repealed by Law of 8.3.1999; in force from 1.1.2001 - BU 2000, 367; previous amendment: BU 1993, 357.
... [113]
[113] Art. repealed by Law of 8.3.1999; in force from 1.1.2001 - BU 2000, 367; previous amendments: BU 1925, 19; BU 1978, 25; BU 1982, 111; BU 1993, 357.
... [114]
[114] Article repealed by Law 8.3.1999; in force from 1.1.2001 - OG 2000, 367; previous amendment: OG 1993, 357.
... [116]
[116] Article repealed by Law 29.11.1999; effective from 4.2.2000 - BO 2000, 25; previous amendment: BO 1999, 358.
[118] 1 The Canton recognizes and subsidizes marriage and family counseling centers managed by private entities, facilitating their establishment.
2 If private initiatives do not adequately meet demand, the Council of State shall establish state-run counseling centers, which must comply with the same requirements as private ones.
[118] Art. introduced by L 16.10.2006; in force since 1.1.2008 - BU 2006, 564.
[119] 1 To be recognized by the Canton, counseling centers operating within the Canton must guarantee
- the availability of at least three marriage and family counselors, possessing adequate basic training and a theoretical and practical specialization in the field of couples and families;
- collaboration with other specialists external to the counseling center and with services active in the field;
- respect for the conscience and ethical and religious convictions of users;
- the right of users to maintain anonymity and the obligation of counselors to maintain professional secrecy;
- the gratuitousness of consultations provided by the counselors, without prejudice to Art. 75c.
2 The Council of State shall establish the requirements for adequate basic training and specialization of counselors, determine any further conditions regarding personnel, and define the operating procedures of the counseling centers.
[119] Art. introduced by Law of 16.10.2006; in force since 1.1.2008 - BU 2006, 564.
[120] 1 The preliminary consultation is free of charge.
2 For further consultations, the counseling center may request fees according to a tariff approved by the competent Department.
3 For users who demonstrate serious financial difficulties, consultations are free of charge.
[120] Art. introduced by Law of 16.10.2006; in force since 1.1.2008 - BU 2006, 564.
[121] 1 Counseling centers offer assistance to spouses in difficulty and to all family members for the resolution of problems connected with communal life.
2 Counseling centers are also authorized to provide marriage preparation and to offer advice to fiancés, cohabiting partners, and widowed, separated, or divorced spouses.
[121] Art. introduced by L 16.10.2006; in force from 1.1.2008 - BU 2006, 564.
[122] Counseling centers are financed by
a) own funds
b) all operating revenues
c) the global contribution from the State.
[122] Art. introduced by Law 16.10.2006; in force from 1.1.2008 - BU 2006, 564.
[123] 1 The financing of operating expenses, expenses related to the furnishing and equipment of counselling centres, as well as their eventual renewal, and expenses for the training, refresher courses, and specialization of marriage counsellors, is covered by all operating revenues and the global contribution from the State.
2 The subsidy corresponds to an annual global contribution, calculated by the Council of State based on the tasks assigned to the subsidized entity through a performance contract and its related activities.
3 Personnel expenses are calculable based on the provisions in force for State employees.
4 The global contribution is fixed and remains acquired by the subsidized entity. It is paid in installments.
[123] Art. introduced by Law of 16.10.2006; in force since 1.1.2008 - BU 2006, 564.
[124] The Council of State is the supreme supervisory authority over the counseling centers.
[124] Art. introduced by Law of 16.10.2006; in force since 1.1.2008 - BU 2006, 564.
[125] Art. repealed by L 23.11.1987; in force from 1.5.1988 - BU 1988, 125.
[126] In the cases contemplated by Art. 466 and 555 SCC, the vacant inheritance or fraction of inheritance devolves to the Canton.
The Ticino municipality, which would have been responsible for providing assistance or, failing that, the Ticino municipality of the last domicile, is admitted by the Canton to participate to the extent of one-fourth.
[126] Art. amended by Law of 1.12.1921; in force since 20.1.1922 - BU 1922, 21.
Public wills are drawn up by notaries in accordance with Articles 499 to 503 of the Swiss Civil Code in the form of a public instrument.
The holographic will may be deposited, during the testator’s lifetime, open or closed, with a notary, for the purposes of Article 505 of the Civil Code.
In this case, the notary receives it by means of an instrument of deposit.
The will thus deposited may always be withdrawn by the testator, by means of a receipt appended to the act of deposit, of which the notary makes an annotation in the register.
The holographic will must be delivered to a notary by anyone who has it in safekeeping or has found it among the deceased's belongings, under their responsibility, as soon as they become aware of the testator's death (Art. 556 para. 1).
The notary arranges for its publication (Art. 556 para. 2).
The notary, who has received or holds in custody a public or holographic will, gives notice thereof to the praetor, as soon as the testator's death is known to him, for its publication.
The praetor, having ascertained the death, promptly sets a hearing for this purpose, giving notice thereof to all known heirs (art. 557, para. 2).
If multiple wills of the same person are notified, the praetor arranges for them all to be published in chronological order and, if possible, with a single act (art. 557, para. 3).
The praetor reads the will, or has it read by the notary, who draws up the instrument of publication.
The instrument of publication and the will are signed by the praetor, the notary, and the heirs present.
Of all published wills, the notary releases one copy to the archives and one copy or an extract to each interested party indicated to him by the justice of the peace.
He also provides for publications for beneficiaries of unknown domicile (558).
The Magistrate is the authority designated to receive the oral will drafted by one of the witnesses in accordance with the provisions of Art. 507 SCC, and to record the said will in the protocol upon communication by two witnesses.
In the second case, the minutes are signed by the two witnesses and the Magistrate.
If the testator dies without having revoked the oral will or without it having become void (508), the justice of the peace proceeds with its publication by reading it aloud in a public session, after inviting the known heirs to attend (557).
The minutes of the publication are signed by the justice of the peace and the heirs present.
An authentic copy of the will is remitted by the justice of the peace to the notarial archive.
The notarial archive keeps an index and a special ordering of all wills that are notified to it.
[127] 1 The Praetor is competent for
a) the order to prepare an inventory in case of substitution of an heir (Art. 490 para. 1 CC);
b) precautionary measures for the devolution of the inheritance (Art. 551 and 555 CC);
c) the issuance of the certificate of inheritance (Art. 559 CC);
d) the registration of renunciations of inheritance and related provisions (Art. 570-574 and 576 CC);
e) admission to the benefit of inventory and the appointment of a notary (Art. 580-581 CC);
f) the invitation to declare acceptance of an inheritance (Art. 587 CC);
g) the arrangement of official liquidation and related measures (Art. 593-596 CC);
h) the authorization to continue the deceased's business (Art. 585 para. 2 CC);
i) measures concerning the community of heirs before division (Art. 602 para. 3 CC);
j) measures relating to specific assets in the division (Art. 612 para. 3 and 613 para. 3 CC);
k) the appointment of experts for the division (Art. 618 para. 1 CC).
2 The summary procedure of the Code of Civil Procedure of 19 December 2008 shall apply.
[127] Art. introduced by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[129] The affixing of seals takes place
a) if, among the known heirs, there are absentees or heirs not legally represented, or individuals requiring guardianship who have not been provided with a guardian or curator;
b) if it is ordered by the praetor upon request of one of the heirs.
[129] Art. amended by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320.
[130] 1 The Praetor who, by provision of law (Art. 551 and 552 CC, Art. 86a letter b and Art. 87 of this Law) or by competent authority, must affix seals, shall do so directly or by delegation.
2 The municipalities are obliged to immediately notify the Praetor of the death of persons who leave heirs in the conditions provided for in Article 87 letter a.
[130] Art. introduced by Law 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[131] 1 The procès-verbal of the affixing of seals must contain
1. the date and time of the affixing;
2. the reasons for the affixing;
3. the indication of the persons present and their domicile;
4. the designation of the premises and movable property that are being sealed;
5. a summary description of the objects not placed under seal.
2 The justice of the peace decides whether to leave to the heirs or to the members of the deceased's domestic community the use or ownership of any claimed movable property, making mention thereof in the procès-verbal, and demands, if deemed necessary, guarantees for its delivery.
3 The keys shall be kept by the justice of the peace.
[131] Art. introduced by Law of 24.6.2010; in force since 1.1.2011 - RO 2010, 320.
[132] 1 If the Justice of the Peace finds the house where the seals are to be affixed closed, or if he encounters opposition, he may resort to coercive measures.
2 Before affixing the seals, the Justice of the Peace ascertains whether any objects have been removed or concealed, endeavors to recover them, and failing to do so, makes mention thereof in the minutes.
3 For the affixing of the seals, he uses the official seal.
[132] Art. introduced by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320.
[133] 1 Interested parties or their representatives must be summoned for the removal of seals.
2 The magistrate shall keep a detailed record.
3 If the magistrate ascertains that one or more seals have been tampered with, they must inquire whether this occurred accidentally or by fraud and make mention of it in the record.
4 In the event that the tax authority removes the seals, it is obliged to replace them, informing the magistrate.
[133] Art. introduced by Law 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[134] Remedies provided by the Code of Civil Procedure are available against the operations of the Praetor.
[134] Art. introduced by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320.
[135] The inventory prescribed by Article 553 CC is ordered by the justice of the peace.
[135] Art. amended by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 320; previous amendments: BU 1925, 19; BU 1971, 267.
[136] 1 For the drawing up of the inventory (Art. 553 CC), the Justice of the Peace designates a notary, who may be assisted by experts.
2 In choosing the notary, the Justice of the Peace must, barring special reasons, abide by the proposals submitted jointly by all interested parties.
3 The inventory must be prepared within the term assigned by the Justice of the Peace. The term may be extended if circumstances so require.
[136] Art. introduced by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[137] 1 The following persons are entitled to attend the drawing up of the inventory
a) the surviving spouse and the surviving registered partner;
b) the presumed legal heirs;
c) the appointed heirs and the legatees;
d) the executor.
2 The notary must notify the aforementioned persons at least three days in advance by registered letter, indicating the place, day, and time when the operations will commence.
[137] Art. introduced by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[138] 1 The inventory must contain
a) the indication of the authority that ordered it;
b) the indication of the applicant, the interveners, the summoned parties who did not appear, the notary, and their domicile, with mention of the delegation decree;
c) the indication of the experts and their domicile;
d) the indication of the summons notified to the interested parties;
e) the designation and valuation of the immovable property, with an indication of its nature, the municipality in which it is located, the cadastral number or, failing that, at least two boundaries;
f) the description and valuation of livestock and, upon request of a party or by order of the *Pretore*, of movable property;
g) the designation of the quantity and species of coins for cash;
h) the indication of securities, credits, and debts;
i) the description of papers, writings, notes, concerning the assets and liabilities, which must be signed at the beginning and end by the notary; the state of the books and registers must be ascertained summarily;
l) the indication of the manner in which the custody and preservation of the inventoried documents and objects have been provided for.
2 If the inventory cannot be completed in a single sitting, it shall be kept in the form of minutes and dated and signed, at each resumption, by the notary and the intervening parties.
[138] Art. introduced by L 24.6.2010; in force from 1.1.2011 - BU 2010, 320.
[139] 1 The heirs and holders of the substance to be inventoried must allow the notary all necessary observations.
2 In case of resistance, the notary may resort to coercive measures, but only with the intervention of the mayor or a municipal officer.
[139] Art. introduced by Law 24.6.2010; in force since 1.1.2011 - BU 2010, 320.
[140] 1 Each interested party may request that an oath be administered to those who, before the inventory, had possession of the succession assets or resided in the house where they were located.
2 They must swear or promise that, after the opening of the succession, they have not removed, nor seen removed, nor know to have been removed or concealed any object or valuable.
3 For the remainder, the rules on the oath for disclosure shall apply.
[140] Art. introduced by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320.
[141] 1 The parties or, in default of agreement, the *pretore* at the request of one of the parties or of the notary, shall designate the person to whom movable property, livestock, documents, money, and valuables are to be entrusted for safekeeping.
2 The notary shall in any case provide for the safekeeping and administration of items that can be easily removed, unless otherwise ordered by the *pretore*.
3 Perishable items and those requiring costly maintenance shall be sold by auction or, with express authorization from the *pretore*, even through private negotiations.
[141] Art. introduced by Law 24.6.2010; effective from 1.1.2011 - BU 2010, 320.
[142] If a dispute arises between the interested parties regarding the inclusion of any item or claim in the inventory, the notary makes mention of the parties' requests and observations.
[142] Article introduced by Law 24.6.2010; effective from 1.1.2011 - BU 2010, 320.
[143] Once the inventory operations are completed, the notary closes it and communicates this to the magistrate within fifteen days.
[143] Art. introduced by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320.
The mandatory inventory upon death, compiled in execution of tax laws, dispenses with that provided for in the preceding article.
… [144]
[144] Art. repealed by Law 17.2.1971; effective from 1.2.1972 - BU 1971, 267.
… [145]
[145] Article repealed by L. 17.2.1971; effective from 1.2.1972 - BU 1971, 267.
[146] 1 The inventory of a succession for the acceptance of an inheritance with benefit of inventory (articles 580-592 CC) is carried out according to the rules of the insurance inventory. The public notice (article 582 CC) is published by the Justice of the Peace at the request of the legitimate heir (article 580 para. 1 CC) or of the Council of State in the event of a vacant succession (article 77 of this law) and must contain
a) the name, surname, and domicile of the deceased and, if possible, their paternity and place of origin;
b) the warning to all creditors and debtors of the deceased, including surety creditors, to notify in writing their debts and credits, within the indicated term, to the chancery of the Justice of the Peace;
c) the warning that unnotified credits will be subject to the consequences provided for by article 590 CC;
d) the indication of the due date.
2 The inventory must contain the indication of the credits and debts to be entered ex officio according to article 583 CC.
3 Credits apparent from public registers or already inventoried (article 583 CC) are exempt from contradiction.
[146] Art. amended by L 24.6.2010; in force from 1.1.2011 - BU 2010, 320; previous amendment: BU 1971, 267.
The publication of the summons is made in the Official Gazette of the Canton, twice, with an interval of fifteen days.
**The pretore may also order the publication at the place of origin or previous domicile of the deceased, or in the manner indicated by the circumstances, taking into account all interests.**
**The deadline for objections is set by the pretore, according to the circumstances, and is at least one month from the first publication (582).**
[147] Once the liabilities have been ascertained and the appraisal operations completed, within the term fixed or extended by the *pretore*, the notary or the person in charge of drawing up the inventory declares it closed and communicates its closure to the *pretore* within five days. The latter records it in the minutes and immediately directs an invitation to each heir to declare their acceptance of the inheritance within one month.
The extension of the term also falls within the competence of the *pretore* (587).
[147] Art. modified by Law 14.1.1925; in force from 30.1.1925 - BU 1925, 19.
The emoluments for the acts contemplated in the preceding articles shall be fixed by the judicial and notarial tariffs.
The exemption from judicial fees for writs concerning assets less than fr. 2000.- is maintained.
The divisions are made according to the Code of Civil Procedure insofar as they are not regulated by the Civil Code.
The competent authority in the case of Art. 609 Civil Code is the enforcement officer.
In the case of Art. 611 Civil Code, it is the notary designated by the parties or by the justice of the peace; the summary procedure according to the Code of Civil Procedure of 19 December 2008 (CPC) is applicable by analogy. [148]
[148] Sentence modified by Law of 4.6.2012; in force since 10.8.2012 - BU 2012, 366.
The limitation of division to prevent excessive fragmentation of land is regulated by the law on the grouping and exchange of land.
Notaries must communicate to the Council of State, for the measures falling within its purview, every disposition mortis causa implying the creation of a foundation (493) or made for a specific purpose to a plurality of persons that does not constitute a legal entity (539 para. 2).
[149] The designation of land affected by permanent land displacement (Art. 660a SCC) occurs in accordance with the Law on Territories Subject to Natural Hazards.
[149] Art. modified by the Law of 14.3.1994; in force since 17.5.1994 - BU 1994, 143; previous modifications: BU 1969, 153; BU 1987, 221.
[150] The determination, within the perimeter of the permanent movement zone, of the new boundaries in accordance with Art. 660b SCC takes place according to the provisions of the law on land consolidation and exchange, applicable by analogy.
[150] Art. introduced by the L 14.3.1994; in force since 17.5.1994 - BU 1994, 143.
[151] Ownerless things and those of public domain subject to the sovereignty of the Canton are governed by the law on public domain and by special laws.
Things belonging to the public domain of Municipalities, Patricianates, Consortia, Parishes and other minor public entities are governed by their respective organic laws and local regulations.
[151] Art. introduced by Law of 14.3.1994; in force since 17.5.1994 - BU 1994, 143.
The lands of patrician, or vicinal, origin which, with the expansion of buildings and traffic, have assumed the destination of public roads and squares, are understood to have passed, by right, into the public domain under municipal jurisdiction.
669. The setting of boundaries falls within the jurisdiction of the justice of the peace, subject to the provisions on the introduction of the land register.
Should a dispute arise concerning ownership, the justice of the peace, if he finds that its value exceeds his jurisdiction, shall draw up minutes to that effect and refer the parties to file their respective claims before the praetor.
The distances to be observed for constructions, as well as the rules relating to common walls, shall be determined by a cantonal building law, subject meanwhile to the provisions of this law (686).
Every wall which, up to its summit, serves as a division between buildings, courtyards or gardens, and also between properties of the same nature and at the same level, is presumed to be common, unless there is a title or sign to the contrary (302 CCT) [152]
[152] Civil Code of the Canton of Ticino of 15.11.1882.
It is presumed that the wall belongs exclusively to the owner of the building on whose side it alone presents an inclined plane, or there are doors or windows, or roof projections or cornices or corbels, placed there at the time of construction (303 CCT).
If the grounds are not at the same level, the wall is presumed to belong to the owner of the ground supported by the wall itself (Article 303 § 1 CCT).
The wall situated between a garden or a vineyard and another property of a different nature is presumed to belong to the owner of the garden or vineyard, and likewise to the owner of the field or meadow rather than the uncultivated land or forest (303 § 2 CCT).
The wall between two properties is presumed to belong to the owner of the property that is already enclosed on other sides, or to the owner towards which clamps or other signs indicated in Article 104 (303 § 3 CCT) are placed.
If the wall divides two buildings that are not of equal height, the part of the wall that extends beyond the lower building is presumed to belong to the owner of the higher building, unless the wall appears to have been made in its entire height during the original construction, subject to what is provided in the paragraph of Art. 116 (304 CCT).
Repairs and reconstructions of a common wall shall be borne by all those entitled thereto, in proportion to each person's right.
Nevertheless, a co-owner of a common wall may exempt themselves from the obligation to contribute to the expenses of repairs or reconstructions by renouncing their right of common ownership, provided that the common wall does not support a building belonging to them (305 CCT).
However, such renunciation does not release the renunciant from the obligation for repairs and reconstructions caused by their own act.
Every co-owner may build by leaning against a common wall and insert beams into it up to half the thickness of the wall.
Any other recess or opening is prohibited (306 CCT).
No one may use a common wall for an oven, a latrine, or for introducing a drain for water or other matter (Article 307 CCT).
No one may excavate a well, or construct a latrine, forge, oven, furnace, or store manure or other foul-smelling or corrosive substances next to a common wall or a wall belonging to another, unless at a distance of three meters and by means of a counter-wall in lime that prevents any damage to the neighbor (308 CCT).
[153] Without prejudice to the provisions of building regulations, the **magistrate** may nevertheless authorize the works provided for in the preceding article, at a distance less than that indicated, if they are carried out in a workmanlike manner, with appropriate materials, so as to exclude any harm to the neighbor; the summary procedure according to the CPC is applicable by analogy.
[153] Art. amended by L 4.6.2012; in force from 10.8.2012 - BU 2012, 366.
Ovens and forges cannot be constructed closer than fifteen meters from stables, haylofts, and public archives, and conversely, stables, haylofts, or archives cannot be erected closer than fifteen meters from ovens or forges.
These distances are respectively reduced for bread ovens and pastry shops of any kind to only five meters, to be measured from the mouth of the oven.
The ceilings of the room where the mouth of the oven opens must be constructed with non-combustible materials (309 CCT).
Every co-owner may raise the common wall, but the expenses of raising it and the repairs for maintaining the part above the common wall shall be borne by him (310 CCT).
If the common wall is not suitable to support the raising, he who wishes to raise it is obliged to have it rebuilt entirely at his own expense and on his own land as to the increased thickness.
§. The neighbor who has not contributed to the raising can acquire joint ownership by paying half the value of both the raising and the increased thickness (311 CCT).
Every co-owner of a common wall may, for the purpose of creating a cellar or other subterranean space for their own convenience, carry out the necessary excavation and extend the foundations of the common wall to a depth suitable for them, provided they furnish the other co-owner with adequate security for the safety of the house, or for compensation for contingent damages arising from the aforesaid excavation, and pay such damages should they occur (312 CCT).
When walls or embankments or plants fall from a higher property onto the land of a neighbor, the owner is obliged to reconstruct the walls, remove the material and plants, and restore everything as far as possible to its original state, reserving the action for damages in accordance with the law of obligations.
It is however permissible, subject to notification and by means of indemnity, to pass over the neighboring property to deposit the material necessary for the repair (295 CCT).
To the owner who cannot otherwise build or repair their wall or building, it is permissible, subject to prior notice and payment of an indemnity, to pass over the neighbor's land and store the necessary material there during construction or repair (314 CCT and 695 CCS).
Each person on their own land may erect buildings without windows or eavesdrip, even along the boundary of another's land, whether open or merely enclosed (330 § 1 CCT).
Regarding a drip wall without doors or windows, built on the boundary, the neighbor may lean another building against it, by paying half the value of the wall itself and of the land on which it is built, as estimated by experts. The wall becomes a common dividing wall, and the provisions of articles 115, 116, and 117 (330 § 4 CCT) are applicable to it.
Even if construction is not carried out directly on the boundary, if a distance of at least one and a half meters is not maintained, the neighbor may request shared ownership of the wall and build up against it, paying, in addition to the value of half the wall, the value of the land that would be occupied by them, unless the owner of the land prefers to simultaneously extend their building up to the boundary.
If the neighbor does not wish to avail themselves of this faculty, they must build in such a way that there is a distance of three meters from the other's wall.
This distance must be observed in all other cases where the neighbor's construction is less than three meters from the boundary.
A new construction is also considered to be the simple raising of an existing house or wall.
Factories cannot be erected in the vicinity of another factory except at the following distances
four meters if there are doors, windows, or other openings providing a view in the wall of the pre-existing building;
three meters if there are windows or other openings providing simple light (330 CCT).
Windows facing another property cannot be opened except at the following distances
– three meters towards a pre-existing building with a window or opening facing it;
– two meters towards a building with a window for light;
– one meter and fifty centimeters if towards an open or merely fenced property, or towards a building without openings (Art. 331 para. 1 to 4 CCT).
Windows for simple light can be opened
* at a distance of two meters from the building of another party with windows, whether facing or for light;
* at a distance of one meter from an open or merely enclosed plot (332 CCT).
These high-level windows can only open at a height of two meters above the floor or ground level of the room to be lit, if it is on the ground floor, and one meter and fifty centimeters above the floors if it is on the upper floors (333 CCT).
Windows with a single light must be fitted with fixed iron bars or grilles.
The openings of the iron bars shall not exceed twelve and a half centimeters; the grilles shall have a fine mesh no wider than two and a half centimeters (334 CCT).
The distances established by the preceding articles are reduced by one quarter where it concerns an oblique view; where it concerns lateral views, they are reduced by one half (335 CCT).
The right to construct buildings adjacent to public roads and squares or to make openings overlooking them is subject only to the provisions of building regulations.
In the absence of regulations, it is understood that eaves or dripping points must be entirely on the land of the person constructing, and that between the walls of buildings located on opposite sides of a road, there must be a free space of at least three meters.
The owner must construct roofs in such a way that rainwater falls on their land, or, in compatibility with building regulations, on the public road; they cannot make it fall on the neighbor's land (336 CCT).
Nonetheless, a servitude of drip (stillicidio) may be imposed by agreement, consisting in the obligation of the servient land to receive the waters that fall upon it from the dominant land (337 CCT).
Every owner may enclose their land.
The enclosure may be made by means of a wall, a live hedge, a palisade, wire, or any other suitable means to defend the land from the invasion of people and animals.
The height of boundary walls is established by building regulations.
In the absence of regulations, the maximum height is two and a half meters.
If the two properties are not on the same level, the height is measured from the higher level (Art. 316 § 2 CCT).
The provisions concerning the raising of a common wall between two buildings are also applicable by analogy when a building is to be leaned against a boundary wall that possesses the necessary solidity.
Where the owner has built the perimeter wall at a distance from the boundary not exceeding one meter, the neighbor may nonetheless acquire co-ownership of the wall, together with ownership of the intermediate strip, based on the value they will have after the wall has been built.
The owner of land bordering cantonal roads or other paths leading to public pastures is obliged to erect a fence of wall, live or dead hedge, not less than one meter in height, and to maintain it in such a way that livestock cannot penetrate it.
Failing this obligation, he shall have no right to claim compensation for damage caused to his land by livestock penetrating it.
The neighbour who, due to the lack of the aforementioned fence, suffers damage, may compel the said owner to compensate him, or to transfer his land to him at an appraised value (328 CCT).
Every hedge that divides two properties is presumed to be common, except where only one property is in a state to be enclosed, or there is a title, sign, or sufficient possession to the contrary.
Trees located in a common hedge belong undividedly to the two owners: each of them may request that they be cut down (317 CCT).
No one may plant or maintain a live hedge unless it is at a distance of fifty centimetres from the neighbouring property line.
For mulberry hedges, the distance is one metre from the border, and the mulberry trees must be two metres apart from each other (326 CCT).
Black locust hedges may only be planted bordering main or communal roads, public pastures, woods and forests, and other similar uncultivated places, and along riverbanks (318 CCT).
Living hedges, excluding those of mulberries, must be trimmed and pruned every year, so that they are maintained at the prescribed distance and height, and the branches of mulberry hedges overhanging the neighbor's property must also be cut every year.
If this is not carried out by the owner, the neighbors, after even a private notice, may do so at the owner's expense.
A living hedge cannot exceed one meter and twenty-five centimeters in height from the surface of the higher ground.
Mulberry hedges may be raised up to two meters and fifty centimeters (319 CCT).
Dead hedges may be freely planted on the boundary and along the demarcation line (320 CCT).
It is forbidden along public roads to use fencing means capable of seriously injuring men or animals, such as metal wires with artificial barbs or glass fragments, if placed at a height of less than two meters from the road level.
The provisions of agricultural laws and municipal regulations concerning the maintenance of hedges, and those of road laws concerning hedges along cantonal and circular roads, are reserved.
All ditches between two properties are presumed to be common, unless there is a sign or title to the contrary.
The ditch is considered to belong to the owner of the property on whose side solely the draining or the discharge of materials is found (321 CCT).
The common pit must be maintained and cleared at common expense: and the materials which are not otherwise transported at common expense, shall be placed in equal proportions on the two sides. The other pits shall be maintained and cleared by the owners to whom they belong (322 CCT).
In areas bordering sloping ground, it shall not be permitted to dig ditches or make excavations from which the fall or collapse of another's land may result. Nor shall materials of any kind be transported (323 CCT).
The ditch for water drainage at the boundary of another's land cannot be dug except at a distance from the neighbor's land corresponding to the depth of the ditch (324 CCT).
Any private individual who needs to construct a water conduit from any distant point for any purpose of irrigation or agricultural or industrial work, has the right to cross all intervening properties with the canal, paying the fair estimated value plus one quarter, with due regard to causing the least possible damage to the property and especially to not prejudicing the neighbor's water conduit.
By this, they do not acquire the right of ownership of the canal, but only the right of aqueduct and access for clearing and repairs.
Such right must be registered in the land register (731 CCS).
Drains, aqueducts, etc., when not directly ascertainable from another title, are presumed to belong to those they serve.
When no evidence to the contrary exists, they are presumed to have embankments of a width on both sides corresponding to half the width of the drain, aqueduct, etc., at ordinary water level, and the plantations existing on the embankments are presumed to belong to the owner of the drain (325 CCT).
The owner of the servient land subject to the transit of the irrigation ditch, aqueduct, etc., may change the location of the servitude, provided that no damage results therefrom to the owner or user of the waters.
In this case, the plantations on the embankments, which would otherwise have to be cut down at the expense of the owner of the land, shall remain for the benefit of the owner of the irrigation ditch, etc., and the damage caused by the felling of the aforementioned plants shall be compensated to them at the valuation of experts, always with the understanding that they may renew the plantations on the embankments of the new channel (325 CCT).
The possessor of land may make use of the water flowing along its border, both for irrigation and for building purposes, without prejudice to rights already acquired by others (Art. 290 CCT).
Provisions of public law concerning the utilization of water are reserved (Law of May 17, 1894, Art. 24).
Everyone, on their own side, may introduce into their land the waters, both rainwater and continuous, that flow along public roads, or along accesses or paths, even private but common with other neighbors, at the preference of the owner of the lower land, provided that it does not cause damage to the buildings or lands of the neighbors, saving any rights that others may have acquired therein (292 CCT).
It is lawful for the owner of lands or buildings adjacent to rivers or streams to make, with the authorization of the Council of State, any repair or protective work tending to ensure their property, provided that it does not cause danger of damage to others (293 CCT).
If a river or torrent damages the goods adjacent to it, the owner of a lower property may compel the owner of the immediately upper property, which is damaged or evidently endangered, to repair their own, or to cede to them gratuitously the entire damaged or endangered part of their property (294 CCT).
It is not permitted to plant or allow to grow tall, non-fruit-bearing trees, nor oaks, chestnuts, and walnuts, except at a distance of 8 meters from dwellings, vegetable gardens, gardens, and vineyards, and 6 meters from other buildings and cultivated lands.
The other fruit trees, mulberries, and medium-sized ornamental plants may be planted at a distance of 4 meters from dwellings, vegetable gardens, gardens, and vineyards, and at a distance of 3 meters from other buildings and cultivated lands. For peach trees, a distance of 2 meters is sufficient.
Fruit trees of low growth, such as espaliers grafted on quince, 'dolcino' (sweet apple) or hawthorn, as well as ornamental shrubs, may be planted up to half a meter from the boundary.
Vines may be planted at a distance of twenty-five centimeters, subject to local customs regarding pergolas on boundaries.
If the adjacent land is in a state of forest or woods, any kind of plant may be planted up to half a meter from the boundary, subject to reciprocity in favor of the neighbor.
Should plants have been planted or allowed to grow without right at a distance less than that provided for by the preceding articles, but the aggrieved neighbor has not raised an objection within a period of 10 years, he shall be obliged to tolerate them without compensation. When the tree is removed, the neighbor's right revives.
The right of the neighbor regarding branches, roots, and fruits that protrude onto their land is regulated by Art. 687 CCS.
For plantations bordering cantonal, district, or communal roads, the provisions of special laws, as well as local regulations and customs, are reserved.
The plantations on public areas (squares and streets) by the municipality, for ornamentation purposes, are subject to local police regulations, with the right of administrative appeal reserved in case of abuse.
... [154]
[154] Article repealed by Law 15.1.1940; effective from 1.1.1941 - BU 1940, 241.
Even independently of a master plan, municipalities may obtain such building regulations, always with the approval of the Grand Council.
The Council of State may render them mandatory for reasons of public interest, subject to ratification by the Grand Council.
When the law obliges municipalities to issue regulatory provisions regarding hygiene, if the municipality, despite repeated solicitations, fails to comply in such a way as to obtain approval, the Council of State, at the request of any interested party, shall issue the necessary provisions in place of the municipality.
The municipal hygiene regulation shall establish the rules for the cleaning of streets and squares, for public sewers and disposal facilities, for the construction and maintenance of private latrines and for the correction of existing ones, for the location, construction, and healthiness of stables, and especially of pigsties.
The Council of State shall establish model regulations, containing the minimum prescriptions required, according to the nature and interests of the different regions.
The provisions of master plans and any other provisions concerning building or sanitary police, contained in local regulations, those of special laws and regulations regarding forests, embankments, and similar matters of public utility (702), prevail over any provision of private law.
The procedure and the "quorum" prescribed for land consolidation also apply by analogy to other land improvement consortia, watercourse correction (not subject to the law on embankments), drainage, reforestation, and similar activities (703).
To the assignment of springs, fountains, or streams for the purpose of drinking water services, hydrants, or other public utility undertakings (Art. 711), the cantonal law on expropriation for public utility is applicable.
He who has the simple right of way cannot pass with livestock, nor with a wagon or cart.
The right to drive animals includes the use of hand carts, and the right of passage with a wagon includes that of a wagon drawn by two or more animals (297 CCT).
For anything not provided for by this provision, every other use and local regulation is reserved.
[155] The methods of exercise, the limits, and the rights relating to Art. 699 CCS are reserved to the Municipalities, after consulting the patrizial administrations and in conformity with the cantonal regulation on flora and fauna protection.
[155] Art. introduced by L 28.4.1992; in force since 1.1.1995 - BU 1994, 523.
[156] The maximum interest rate for credits secured by real estate pledge is set at 10 (ten) percent.
[156] Art. amended by Law 25.2.1992; in force since 3.4.1992 - BU 1992, 129; previous amendment: BU 1972, 59.
As a general rule, the assets of public domain, municipalities, patricianates, and other public law corporations are not subject to mortgage.
Exceptionally, a mortgage may be granted by the Council of State, in the interest of the public entity, when it is for the purpose of providing funds for the construction, enlargement, and improvements of the mortgaged assets.
Assets of the public domain are those that are bound to a mandatory public service for the municipality, patricianate, or corporation, such as school buildings, or to a public charitable work, such as hospitals.
The aforementioned entities may mortgage the real estate of their private assets in the forms established by the municipal and cantonal organic law.
Assets belonging to monopolized public services are considered private assets.
[157] The Council of State may authorize the Municipality or the Patriciate, upon application by the municipal or administrative body, to contract a loan and to pledge the immovables of the entity's private assets, even if not consented to by two-thirds of those present at the assembly (LOC, Arts. 31 and 61 para. 2), when the resolution has been approved by an absolute majority and it is furthermore established that the operation itself is advisable in the interest of the entity and financially justified.
[157] Art. amended by Law of 20.6.1989; in force from 10.10.1989 - BU 1989, 265.
The expurgation of mortgages provided for in Articles 828 and 829 of the CCS, is authorized.
Both the offer to creditors and the subsequent operations shall be made through the bailiff in accordance with the following rules.
The officer shall notify the registered creditors, their guarantors, and the previous owner of
1. the date and nature of the acquisition title;
2. the quality and status of the assets, as resulting from the title itself;
3. the stipulated price or the value that will be declared if it concerns properties transferred gratuitously or without a determined price;
4. a three-column statement of all mortgage registrations on the said assets, recorded against the previous owners, prior to the acquisition or transfer.
In the first column, the date of registration shall be declared; in the second, the name and surname of the creditors; in the third, the amount of the registered claims.
The notification shall also contain the offer, in the name of the buyer or concessionaire, to pay the price or the declared value to the creditors with a valid priority, and the declaration of consent to the sale if a request is made in accordance with the following article.
Within one month from the said notification, any of the registered creditors whose credit, including accessories, is not fully covered by the price or declared value, or any of their respective guarantors, has the right to have the assets sold by public auction, provided that they fulfill the following conditions
1. that the written request be notified by means of a bailiff to the enforcement officer;
2. that it be signed by the applicant or their attorney furnished with a special power of attorney;
3. that the applicant advances the expenses of the subsequent procedure.
The omission of any of these conditions renders the request void.
If the auction (incanto) is not requested within the time and in the manner prescribed by the preceding article, the value of the immovable property remains definitively established at the stipulated or declared price.
The same property is freed from mortgages relating to claims that cannot be satisfied with said price.
Regarding other mortgages, the release occurs commensurate with the payment of duly ranked creditors or through judicial deposit.
The ranking is prepared by the enforcement officer, following an injunction to interested parties to notify him within twenty days of the amount of their claims, both for capital and for interest and expenses, and under threat that claims not insinuated will be excluded from participating in the distribution of the price or declared value.
In compiling it, the officer adheres to the rules established by Articles 146, 147 of the Federal Law on Debt Enforcement and Bankruptcy.
Disputes relating thereto take place in accordance with Article 148 of the same law.
The terms fixed in the preceding articles cannot be extended, even by agreement of the parties.
When an auction is requested, the enforcement officer proceeds in accordance with and with the effects of Art. 829 of the Swiss Civil Code (SCC).
The discharge of mortgages in favor of the buyer at auction takes place in conformity with Art. 179.
The creditor's withdrawal, who requested it, cannot prevent the auction, unless all registered creditors consent.
[159] Cantonal public law claims in favor of the State, municipalities, corporations, consortia, and other cantonal public law entities having a particular relationship with immovable property located in the Canton, are secured by a legal public law mortgage only if cantonal law so provides; unless it provides otherwise, the following provisions apply.
[159] Art. modified by Law of 27.6.2012; in force from 1.1.2012 - BU 2012, 467; previous modifications: BU 1925, 19; BU 1988, 216.
[160] 1 The legal mortgage arises concurrently with the credit it secures, independently of its entry in the land register, and encumbers the immovable property to which it refers. In the presence of multiple immovable properties, the pledge is collective.
2 The legal mortgage securing amounts exceeding 1,000 francs in capital is not enforceable against third parties in good faith unless it is entered in the land register within four months from the due date of the secured credit, respectively within two years from its creation, in accordance with Article 836 paragraph 2 CC.
3 For secured tax claims of less than or equal to 1,000 francs, registration in the land register is not required.
4 The legal mortgage prevails over other pledges only in cases expressly provided for by law. Pledges that prevail over all others occupy the same rank among themselves. Other legal mortgages acquire their rank depending on their constitution; they advance in rank depending on the extinction of a prior real right.
[160] Art. introduced by L 27.6.2012; in force since 1.1.2012 - BU 2012, 467.
[161] 1 The registration of a public-law legal mortgage does not render the secured claim imprescriptible. For the rest, the provisions of the Civil Code apply.
2 If the debtor is not identical to the owner of the pledge, they cannot invoke Article 41 paragraph 1 bis of the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy.
[161] Art. introduced by L 27.6.2012; in force since 1.1.2012 - BU 2012, 467.
[162] If the credit is extinguished by amortization, prescription, condonation or in any other way, the related mortgage shall in any case also lapse.
[162] Art. introduced by L 27.6.2012; in force from 1.1.2012 - BU 2012, 467.
[163] 1 Whoever asserts a statutory mortgage, or wishes to prevent its extinction by registration in the land register, must issue an appealable decision containing all the particulars for its establishment, except in cases provided for by law. The procedure provided for by the law that establishes it shall apply.
2 The statutory mortgage may be provisionally entered in the land register by means of an annotation. In the event of an appeal, it may nonetheless be entered in the land register, regardless of the suspensive effect thereof.
[163] Art. introduced by Law 27.6.2012; in force since 1.1.2012 - BU 2012, 467.
[164] 1 The annotation and the registration of the legal mortgage shall be cancelled upon authorization of the entitled party, respectively of the competent judge. The authority is obliged to request the cancellation of legal mortgages that have become objectless.
2 Anyone asserting a legitimate interest may demand the cancellation of the legal mortgage. In case of refusal, the competent authority must issue a decision subject to appeal within a period of 30 days.
[164] Art. introduced by Law of 27.6.2012; in force since 1.1.2012 - BU 2012, 467.
… [165]
[165] Article repealed by L 14.10.2013; effective from 6.12.2013 - BO 2013, 499; previous amendment: BO 2012, 467.
… [166]
[166] Art. abrogated by L 27.6.2012; in force from 1.1.2012 - BU 2012, 467.
For the constitution of mortgage certificates on properties situated in the Canton, an official valuation is not required (843).
Pledge operations on livestock without transfer of possession (885) may only be carried out by the State Bank, lending institutions, and cooperative societies specifically authorized for this purpose by the Council of State. [167]
The concession grants exclusive rights to operate in the territory for which it is made.
Livestock breeding consortia and livestock insurance companies will be given special consideration.
[167] Paragraph amended by L 14.1.1925; in force since 30.1.1925 - BU 1925, 19.
The authorization to operate a pawnbrokerage (907-915) is granted by the Council of State, subject to the establishment of the state-run operation.
Such institutions are obliged to keep accounts from which the origin, outcome, and value of each of their pawn operations are evident.
The Council of State shall establish by regulation the requirements for the issuance of the authorization and the conditions for its revocation, the provisions concerning the operation of pawnbroking, the accounting requirements and related control procedures, supervision by the competent Department, disciplinary measures, the authorization fee, up to a maximum of CHF 1000.-, and the annual operating fee, up to a maximum of CHF 500.- [169]
[169] Paragraph amended by Law of 30.9.1996; in force since 1.3.1997 - BU 1997, 47.
[170] Against every decision of the Council of State and the competent Department concerning pawnbroking loans, an appeal may be lodged with the Cantonal Administrative Tribunal.
[170] Art. amended by L 24.9.2013; in force since 1.3.2014 - BU 2013, 473; previous amendment: BU 1997, 47.
The sale of the objects (910) takes place through the enforcement office.
[171] Art. repealed by L 30.9.1996; in force from 1.3.1997 - BU 1997, 47.
[172] Art. repealed by L. 17.2.1971; effective from 1.2.1972 - BU 1971, 267.
Both the plaintiff and the defendant may request provisional measures from the Praetor, especially for the preservation of the factual status quo, for the removal of a danger, for the provisional continuation or suspension of works against security, or for evidence for future memory.
The Praetor must add to his provisional orders the civil and criminal sanctions indicated by the circumstances.
When the Praetor has ordered a hearing regarding a provisional measure, all requests of the same nature inferable from the current state of affairs must be brought in a single proceeding.
Claims for damages must be brought and resolved in the judgment on the possessory action.
Exceptionally, the liquidation of damages may be deferred to a new judgment.
[173] Art. repealed by L 17.2.1971; in force from 1.2.1972 - BU 1971, 267.
The introduction and organization of the land register and the related transitional provisions shall be regulated by special legislative decrees.
[174] The liability of public entities and public agents is regulated by a special law.
[174] Art. amended by L 24.10.1988; in force from 1.1.1990 - BU 1989, 337.
Subject to the provisions of law on enforcement and bankruptcy, public auctions prescribed by law must be preceded by sufficient publications, according to the nature of the matter, and shall be conducted through a bailiff.
When the sale requires a public deed, notice of the auctions must be given through the Official Gazette and by posting on the bulletin board of the municipality where the assets are located and of the two neighboring municipalities.
... [175]
[175] Art. repealed by the Federal Act of 21.12.1937 (CPS); in force since 1.1.1942 - SR 311.0
... [176]
[176] Art. repealed by Law 9.11.1992; in force from 22.12.1992 - BU 1992, 415; previous amendment: BU 1937, 205.
The issues of assistance between relatives, pending at the entry into force of this law, shall be continued and decided according to the rules of the law of January 26, 1903.
[177] Spouses married without a marriage agreement who intend to make their prior property regime enforceable against third parties must jointly make, before January 1, 1912, a similar written declaration to the Registry Office of their domicile for inscription in the register of matrimonial property.
[177] Art. modified by L 23.11.1987; in force since 1.5.1988 - BU 1988, 125.
Spouses who intend to subject their relations between themselves to the new law, in the sense of Art. 9 para. 3 of the Final Title of the Civil Code, must together make written notification thereof to the Register Office of their domicile for inscription in the register of matrimonial property.
The spouses who intend to make matrimonial agreements concluded between them before the entry into force of the Civil Code of Switzerland (CCS), in the sense of Art. 10 of the Final Title of the CCS, enforceable against third parties, must communicate them, before January 1, 1912, to the Registry Office of their domicile for inscription in the register of matrimonial property.
[178] Jurisdiction to adjudicate disputes between spouses who maintain the matrimonial regime of prior law (Art. 9 e) and 10 b) Final Provisions CC) is assigned to the judge competent for judicial measures for the protection of the marital union (Art. 4 para. 5 LAC and 419 CPC).
[178] Art. introduced by L 23.11.1987; in force since 1.5.1988 - BU 1988, 125.
The rights of succession attributed to the surviving spouse by Articles 402 to 404 of the Ticino Civil Code are not considered as pertaining to the matrimonial property regime.
Consequently, the inheritance rights of the surviving spouse, in the event of the death of one of the spouses after December 31, 1911, shall be governed by the provisions of the Swiss Civil Code (462).
However, if there exists between the spouses a dotal contract or other marital agreement, which continue to have effect even after the entry into force of the CCS, the surviving spouse must compute into their hereditary portion what they acquire by virtue of the marital agreements and dotal gains.
With the entry into force of the Swiss Civil Code (CCS) (January 1, 1912), municipalities will ensure the removal of guardianships no longer permissible under the Code itself, specifically those over minors who still have their mother (274).
The suppression of individual guardianships must be preceded by the definitive rendering of accounts to the municipality by the guardian.
In all cases provided for in Art. 290 CCS, the guardianship delegation shall have an inventory of the children's assets delivered to it.
The Council of State shall provide for the execution of this article.
... [179]
[179] Article repealed by Law 20.4.1966; effective from 1.7.1966 - BU 1966, 365.
[180] Should a part of a building not meet the requirements of Art. 712b of the Swiss Civil Code, and additionally be of little value and represent minimal utility for its owner, the owner of the main part may request its redemption at fair value from the land register official.
The land register official shall decide after having the plans drawn up by a surveyor, if necessary, and after having conducted an attempt at conciliation. The decision of the land register official may be challenged within 30 days before the Pretore, who shall judge according to the procedure established by Arts. 361 - 372 of the Code of Civil Procedure. The jurisdiction of the Justice of the Peace is excluded: that of the Court of Appeal as per Arts. 302 - 305 of the Code of Civil Procedure is reserved. [181]
Redemption cannot be requested after the original condominium ownership has been adjusted.
[180] Art. amended by L 20.4.1966; in force since 1.7.1966 - BU 1966, 365.
[181] Para. amended by L 20.4.1966; in force since 1.7.1966 - BU 1966, 365.
The other real rights existing under cantonal laws, but which can no longer be constituted according to the Civil Code (CC), such as antichresis, ground rent (or "niveau"), and plantations on another's land (Art. 678 CC and Art. 20 of the Final Title), are maintained until their extinction and regulated, in the absence of a title, according to custom.
All these rights must be mentioned in the land register and in the equivalent provisional registers, either ex officio or upon request of a party, failing which they are not enforceable against third parties in good faith (Art. 45 para. 1 Final Title).
Censual titles (Articles 810 et seq. of the Old Civil Code) must be converted, within five years of the entry into force of the Civil Code, into ground rent at the request of either party, failing which the credit corresponding to the capitalized rent at 4 percent will lose its guarantee on the encumbered properties (Article 33, Final Title).
This ground rent is not subject to the limitation of the value of the pledge (Article 848), a circumstance which shall be specially mentioned on the new title.
Servitudes that could be acquired by prescription under the previous law, but which cannot be under the Civil Code (CCS), are maintained only if the prescription was completed before the entry into force of the latter.
§. Nevertheless, if they refer to constructions or openings made without the damaged neighbor having objected within a reasonable time, even though they were recognizable, the judge may, if circumstances so require, grant the good faith possessor recognition of the right possessed, as a servitude, by means of equitable indemnity.
This rule also applies to rights of way, aqueduct rights, and similar rights, for the exercise of which visible and permanent works exist.
Opium poppies, peach trees, and willow trees grafted, planted at the distance specified in Article 326 CCT, prior to the entry into force of the present law, may be preserved but not replaced.
Mortgage registrations valid and existing on December 31, 1911, shall retain their efficacy and render imprescriptible the credit they guarantee without the need for renewal (807).
§. Delegations issued by credit institutions before the entry into force of the CCS, in the form of mortgage bonds representing determined shares in a single mortgage loan, are generally equated to loan instruments with real estate security governed by Articles 875 et seq. of the CCS, with the consequences provided for by Article 33 of the final title of the Code itself. [182]
[182] Paragraph introduced by Legislative Decree 6.7.1916; effective from 10.10.1916 - Official Bulletin 1916, 109.
[183] Creditors secured by mortgages constituted before the entry into force of the Civil Code retain the right to subrogate into the rank of preceding mortgages.
This right shall be annotated ex officio in the land register.
[183] Art. amended by Federal Decree 1.12.1916; in force since 19.12.1916 - BU 1916, 166.
Legal mortgages registered in accordance with Article 7 No. 1 of the Mortgage Law, and the previous similar provisions of the Ticino Civil Code in favor of married women, on the husband's assets, retain their effect, even after December 31, 1911, provided that the spouses have opted for the previous regime (Article 9 Tit. fin.) and duly registered it in the marital property register.
The legal mortgage in favor of the money lender for the purchase of an estate (Art. 7 no. 5, Mortgage Law of October 21, 1891) not registered until December 31, 1911, may be registered as a conventional mortgage until January 31, 1912.
Legal mortgages in favor of the seller for the price of the property and of co-heirs for the guarantee of shares (Art. 7 No. 4 and 6, Mortgage Law, and Art. 837 and 838 CC), not registered on December 31, 1911, may be registered up to three months from the entry into force of the new Code.
[184] As of January 1, 1912, the following are repealed
a. the Ticino Civil Code of November 15, 1882, and its subsequent amendments;
b. the Law on Guardianships of June 6, 1846;
c. the Law on Civil Status and Marriage of December 4, 1878;
d. the Mortgage Law of October 21, 1891;
e. and any other [provision] incompatible with or contradictory to the present [law].
[184] Art. modified by Law of January 14, 1925; in force since January 30, 1925 - BU 1925, 19.
[185] This urgent, confidential law, subject to ratification by the Federal Council as necessary, comes into force on January 1, 1912, with the exception of Articles 199 and 201, which come into force on July 1, 1911.
[185] Art. amended by L 14.1.1925; in force since 30.1.1925 - BU 1925, 19.
-220 … [186]
Published in BU 1911, 69.
[186] Art. repealed by L 14.1.1925; in force from 30.1.1925 - BU 1925, 19.