Swiss Civil Code

The Swiss Civil Code (CC ) is the codification of the central parts of the Swiss private law. Formally a part of the Civil Code (so-called code unique ), but spun in the scheme as a separate Code is the Code of Obligations ( OR).

History and character

The Civil Code was developed by Eugen Huber on behalf of the Federal Council and completed in 1907. It entered into force in 1912.

The strongest impact was the former, designed by Johann Caspar Bluntschli private law code for the canton of Zurich, which had been rezipiert in eastern Switzerland, but also trains based on the Napoleonic Code laws of Western Switzerland and the Ticino and the General in the Austrian Civil Code founding laws of Berne, Lucerne, Solothurn and the Aargau were considered.

Considered legal Historically, the Civil Code is like the German Civil Code, a codification pandektistische.

Title

Title of the Swiss Civil Code

  • Introduction (Art. 1-10)
  • Part One: The law of persons (Art. 11-89 [- 89c { not yet in force }] ) First title: Natural Persons
  • Second title: The legal persons
  • Title Three: The collective assets (not yet in force)
  • Title Four: Divorce and legal separation
  • Title Five: The effect of marriage in general
  • Title Six: The property regime of the spouses
  • Seventh Enter Title: The origin of the parent-child relationship
  • Title Eight: The effects of parent-child relationship
  • Title Nine: The Family Community
  • Tenth Title: The General Rules of the guardianship
  • Eleventh Title: The leadership of the guardianship
  • Title Twelve: The End of guardianship
  • Title Thirteen: The legal heirs
  • Title Fourteen: The testamentary dispositions
  • Fifteenth Title: Commencement of Succession
  • Sixteenth Title: The effect of Succession
  • Seven Tenth Title: The distribution of the estate
  • Title Eighteen: General Provisions
  • Title Nineteen: Land Ownership
  • Title Twenty: Chattel Property
  • Title Twenty-One: Easements and Real Burdens
  • Twenty- Title: The mortgage
  • Twenty-Three Title: Chattel mortgage
  • Twenty-Four Title: Possession
  • Twenty-Five Title: The Land Registry

Introduction Article of the Civil Code

Reception in Turkey

The CC / OR was taken over by Kemal Ataturk largely to the Turkish Civil Law ( rezipiert ). This does not mean that today is the content of the Swiss and Turkish civil law in all areas would be identical, because on the one hand all of the sections were not followed precisely, and on the other hand, the decrees of the two countries further apart due to numerous revisions.

Reception in Liechtenstein

Property Law of the Civil Code (Art. 641-977 of the Civil Code ) in 1923 largely in the Liechtenstein property law (SR ) over ( reception). In the Civil Code and in the PGR and the Marriage Act provides further acquisitions of the Civil Code. The latest amendments to the Civil Code (in particular with regard to the land registry rules) were adopted on 1 October 2008 in Liechtenstein. The inheritance and family law and the law of obligations in Liechtenstein is influenced largely by the Austrian General Civil Code ( öABGB ). Through membership of the Principality of Liechtenstein in the EEA, there is a further supplement by European legislation ( EU law, eg consumer protection, product liability, etc.) and also the rezipierte property law is influenced by ( see, eg, type 392 to 399 SR - collateral - Implementation of Directive 2002/47/EC ).

With the recent amendment to the SR part of October 1, 2008, the rem retention of title in Liechtenstein was canceled due to insignificance ( Civil Code applies as before ). Further adjustments to the Liechtenstein legislator and the interaction with the Civil Code and the PGR have a different impact equal to any provisions in the Civil Code or SR.

Swiss Code of Obligations Federal Council (Switzerland) Custom (law) Good faith (law) Party (law) Legitimate expectation Doctrine of reception Integrated Authority File
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