Law on the Application of the Swiss Code of Civil Procedure (LACPC) (LACPC)

1 This law governs the organization of conciliation authorities and the application of the Swiss Code of Civil Procedure of 19 December 2008 (CPC).

2 The provisions of the Judicial Organization Act of 10 May 2006 and the Act of 18 April 1911 on the application and supplementation of the Swiss Civil Code remain reserved.

The Justice of the Peace serves as conciliation authority in the cases indicated by Article 31 of the Law of 10 May 2006 on judicial organization.

1 The assessing secretary acts as the conciliation authority in other cases, reserving the competencies of the conciliation authorities in matters of lease and tenancy of residential and commercial premises and gender equality.

2 The justice of the peace and the deputy justice of the peace conduct conciliation attempts in case of impediment of the assessing secretary or if required by the proper functioning of the justice of the peace court.

For disputes concerning the lease and tenancy of residential and commercial premises, as well as parking spaces and land, the following Conciliation Offices are established: [1]

a) Office No. 1 with its seat in Chiasso and with jurisdiction in the municipalities of Chiasso, Balerna, Coldrerio and Morbio Inferiore and in the district of Caneggio;

b) Office No. 2 with its seat in Mendrisio and with jurisdiction in the municipalities of Mendrisio, Arogno, Brusino Arsizio, Castel San Pietro, Melano and Rovio and in the Districts of Stabio and Riva San Vitale;

c) Office No. 3 with its seat in Lugano and with jurisdiction in the district of Lugano Ovest;

d) Office No. 4 with its seat in Lugano and with jurisdiction in the districts of Lugano Est and Lugano Nord; [2]

e) Office No. 5 with its seat in Agno and with jurisdiction in the municipalities of Bissone, Manno, Maroggia and Sorengo and in the districts of Paradiso, della Magliasina, di Agno, di Sessa and di Breno; [3]

f) Office No. 6 with its seat in Massagno and with jurisdiction in the municipalities of Massagno, Bedano, Bironico, Cadempino, Camignolo, Canobbio, Comano, Cureglia, Gravesano, Lamone, Mezzovico-Vira, Porza, Rivera, Savosa, Sigirino, Torricella-Taverne, Vezia and the district of Capriasca; [4]

g) Office No. 7 with its seat in Locarno and with jurisdiction in the municipalities of Locarno, Brissago, Losone and Ronco s/Ascona and in the districts of Onsernone and della Melezza;

h) Office No. 8 with its seat in Minusio and with jurisdiction in the municipalities of Muralto, Ascona and Orselina, in the districts of Gambarogno, della Navegna and della Verzasca and in the district of Vallemaggia;

i) Office No. 9 with its seat in Bellinzona and with jurisdiction in the municipality of Bellinzona;

l) Office No. 10 with its seat in Giubiasco and with jurisdiction in the municipalities of Arbedo-Castione and Lumino and in the districts of Ticino and Giubiasco;

m) Office No. 11 with its seat in Biasca and with jurisdiction in the districts of Riviera, Blenio and Leventina.

[1] Sentence modified by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 488.

[2] Sub-paragraph modified by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 488.

[3] Sub-paragraph modified by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 488.

[4] Sub-paragraph modified by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 488.

1 The Office is composed of a neutral president, a representative of the lessors, and a representative of the lessees. At least one of the members of the Office must have legal training. A substitute is appointed for each member of the Office.

2 The president and their substitute must be neutral. Persons admitted to procedural representation under Article 12 para. 1 lit. a are not, in particular, considered neutral.

1 For disputes according to the Federal Act of 24 March 1995 on Gender Equality, a conciliation office with jurisdiction over the entire Canton is hereby established.

2 The office shall consist of a president, two representatives of employers and two representatives of employees, from both the public and private sectors, and their substitutes.

3 The office shall sit with a composition of five members; it may sit with a composition of three members in the case of simple disputes.

The presidents and members of the conciliation offices for residential and commercial leases and for rent, and of the conciliation office for gender equality, are appointed by the Council of State for a period of four years, after consulting the organizations concerned.

1. Operating expenses for conciliation offices are borne by the State, which organizes their secretariat.

2. The secretariat of conciliation offices in matters of lease and rental is generally entrusted to an official of the municipalities where they are located, which also provide the necessary premises and equipment.

The procedure before the conciliation authorities is governed by Articles 202 et seq. CPC.

1 The action for validation of the judicial prohibition falls within the jurisdiction of the Justice of the Peace.

2 The Council of State designates the administrative authority competent to impose the fine.

[6] 1 The Court of Appeal is competent for the service of judicial documents within the scope of international judicial assistance in civil matters.

2 The Justice of the Peace is competent for the execution of letters rogatory, reserving cases where the law attributes subject-matter jurisdiction to the Court of Appeal.

[6] Art. introduced by Law of 4.6.2012; in force since 10.8.2012 - BU 2012, 365.

The deliberation is not public.

1 In application of Article 68 paragraph 2 letter d CPC, limited to cases conducted under simplified procedure (Articles 243 et seq. CPC) and summary procedure (Articles 248 et seq. CPC), professional legal representation is also recognized for

a) in matters of lease and tenancy agreements

- representatives or employees of professional or trade associations;

- fiduciaries with cantonal authorization or their employees;

- property managers of the litigated property or their employees;

b) in matters of employment contracts

- representatives or employees of professional or trade associations;

- fiduciaries with cantonal authorization or their employees. [7]

2 The persons listed above shall be recognized for legal representation only on the condition that

a) they possess a written power of attorney from their principal;

b) they possess the exercise of civil rights;

c) they are deemed by the judge capable of presenting and discussing the case with the necessary clarity.

[7] Letter amended by Law of 4.6.2012; in force since 10.8.2012 - BU 2012, 365.

[8] The municipal police and, subsidiarily, the cantonal police are the competent authorities within the meaning of Article 343 paragraph 3 CPC.

[8] Art. amended by Law of 4.6.2012; in force since 10.8.2012 - BU 2012, 365.

[9] 1 The documents relating to the conciliation procedure are kept by the competent conciliation authority; judicial documents are kept by the competent judge. The Council of State establishes the retention periods.

2 The authority that stores the documents decides on the consultation of documents from concluded procedures.

3 The consultation of documents is authorized if a legitimate interest can be asserted and if overriding public or private interests do not oppose it.

4 Decisions concerning the consultation of documents may be challenged by complaint within 30 days; the procedure provided for in articles 319 et seq. of the CPC applies by analogy.

[9] Art. introduced by Law of 14.12.2015; in force since 5.2.2016 - BU 2016, 41.

The Council of State shall issue the regulations necessary for the implementation of this law.

1 After the expiry of the time limits for exercising the right of referendum, this Act shall be published in the Official Bulletin of Laws and Executive Acts.

2 The Council of State shall determine its entry into force. [10]

Published in OB 2010, 311.

Transitional law of the Act of 24 June 2010 concerning implementation

[10] Entry into force: 1 January 2011 – OB 2010, 311.