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Swiss Civil Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

The Federal Assembly of the Swiss Confederation,

based on Article 64 of the Federal Constitution1,2 and having considered the Dispatch of the Federal Council dated 28 May 19043,

decrees:

Introduction

Art. 1

A. Ap­plic­a­tion of the law

 

1The law ap­plies ac­cord­ing to its word­ing or in­ter­pret­a­tion to all leg­al ques­tions for which it con­tains a pro­vi­sion.

2In the ab­sence of a pro­vi­sion, the court1 shall de­cide in ac­cord­ance with cus­tom­ary law and, in the ab­sence of cus­tom­ary law, in ac­cord­ance with the rule that it would make as le­gis­lat­or.

3In do­ing so, the court shall fol­low es­tab­lished doc­trine and case law.


1 Term in ac­cord­ance with No I 1 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). This amend­ment is taken in­to con­sid­er­a­tion throughout the Code.

Art. 2

B. Scope and lim­its of leg­al re­la­tion­ships

I. Act­ing in good faith

 

1Every per­son must act in good faith in the ex­er­cise of his or her rights and in the per­form­ance of his or her ob­lig­a­tions.

2The mani­fest ab­use of a right is not pro­tec­ted by law.

Art. 3

II. Good faith

 

1Where the law makes a leg­al ef­fect con­di­tion­al on the good faith of a per­son, there shall be a pre­sump­tion of good faith.

2No per­son may in­voke the pre­sump­tion of good faith if he or she has failed ex­er­cise the di­li­gence re­quired by the cir­cum­stances.

Art. 4

III. Ju­di­cial1 dis­cre­tion

 

Where the law con­fers dis­cre­tion on the court or makes ref­er­ence to an as­sess­ment of the cir­cum­stances or to good cause, the court must reach its de­cision in ac­cord­ance with the prin­ciples of justice and equity.


1 Term in ac­cord­ance with No I 1 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). This amend­ment is taken in­to con­sid­er­a­tion throughout the Code.

Art. 5

C. Fed­er­al law and can­ton­al law

I. Can­ton­al civil law and loc­al cus­tom

 

1In­so­far as fed­er­al law re­serves the ap­plic­a­tion of can­ton­al law, the can­tons may en­act or re­peal civil law pro­vi­sions.

2Where the law makes ref­er­ence to prac­tice or loc­al cus­tom, the ex­ist­ing can­ton­al law is deemed a val­id ex­pres­sion there­of, provided no di­ver­gent prac­tice is shown to ex­ist.

Art. 6

II. Can­ton­al pub­lic law

 

1Fed­er­al civil law does not re­strict the right of the can­tons to en­act pub­lic law.

2The can­tons are en­titled with­in the lim­its of their sov­er­eignty to re­strict or pro­hib­it the trade in cer­tain goods or to de­clare trans­ac­tions in­volving such goods leg­ally in­val­id.

Art. 7

D. Gen­er­al pro­vi­sions of the Code of Ob­lig­a­tions

 

The gen­er­al pro­vi­sions of the Code of Ob­lig­a­tions1 con­cern­ing the form­a­tion, per­form­ance and ter­min­a­tion of con­tracts also ap­ply to oth­er civil law mat­ters.


1 SR 220

Art. 8

E. Rules of evid­ence

I. Bur­den of proof

 

Un­less the law provides oth­er­wise, the bur­den of prov­ing the ex­ist­ence of an al­leged fact shall rest on the per­son who de­rives rights from that fact.

Art. 9

II. Proof by pub­lic doc­u­ment

 

1Pub­lic re­gisters and pub­lic deeds con­sti­tute full proof of the facts evid­enced by them, un­less their con­tent is shown to be in­cor­rect.

2Such proof of in­cor­rect­ness does not re­quire to be in any par­tic­u­lar form.

Art. 10


1 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

 

Part One: Law of Persons

Title One: Natural Persons

Chapter One: Legal Personality

Art. 11

A. Per­son­al­ity in gen­er­al

I. Leg­al ca­pa­city

 

1Every per­son has leg­al ca­pa­city.

2Ac­cord­ingly, with­in the lim­its of the law, every per­son has the same ca­pa­city to have rights and ob­lig­a­tions.

Art. 12

II. Ca­pa­city to act

1. Nature

 

A per­son who has ca­pa­city to act has the ca­pa­city to cre­ate rights and ob­lig­a­tions through his ac­tions.

Art. 13

2. Re­quire­ments

a. In gen­er­al

 

A per­son who is of age and is cap­able of judge­ment has the ca­pa­city to act.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 14

b. Ma­jor­ity

 

A per­son is of age if he or she has reached the age of 18.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), with ef­fect from 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 15

c. ...

 

1 Re­pealed by No I of the FA of 7 Oct. 1994, with ef­fect from 1 Jan. 1996 (AS 1995 1126; BBl 1993 I 1169).

Art. 16

d. Ca­pa­city of judge­ment

 

A per­son is cap­able of judge­ment with­in the mean­ing of the law if he or she does not lack the ca­pa­city to act ra­tion­ally by vir­tue of be­ing un­der age or be­cause of a men­tal dis­ab­il­ity, men­tal dis­order, in­tox­ic­a­tion or sim­il­ar cir­cum­stances.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 17

III. In­ca­pa­city

1. In gen­er­al

 

A per­son does not have the ca­pa­city to act if he or she is in­cap­able of judge­ment or is un­der age or is sub­ject to a gen­er­al deputy­ship.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 18

2. Lack of ca­pa­city of judge­ment

 

A per­son who is in­cap­able of judge­ment can­not cre­ate leg­al ef­fect by his or her ac­tions, un­less the law provides oth­er­wise.

Art. 19

3. Per­sons cap­able of judge­ment but lack­ing the ca­pa­city to act.

a. Prin­ciple1

 

1Per­sons who are cap­able of judge­ment but lack the ca­pa­city to act may only enter in­to ob­lig­a­tions or give up rights with the con­sent of their leg­al rep­res­ent­at­ive.2

2Without such con­sent, they may only ac­cept ad­vant­ages that are free of charge or carry out minor every­day trans­ac­tions.3

3They are li­able in dam­ages for un­per­mit­ted acts.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
3 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 19a

b. Con­sent of the leg­al rep­res­ent­at­ive

 

1Un­less the law provides oth­er­wise, the leg­al rep­res­ent­at­ive may con­sent ex­pressly or ta­citly in ad­vance or ap­prove the trans­ac­tion ret­ro­spect­ively.

2The oth­er party is re­lieved of any ob­lig­a­tion if ap­prov­al is not giv­en with­in a reas­on­able peri­od that he or she fixes or has fixed by a court.


1 In­ser­ted by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 19b

c. Ab­sence of con­sent

 

1If the leg­al rep­res­ent­at­ive does not grant ap­prov­al, either party may de­mand resti­tu­tion of any per­form­ance already made. A per­son lack­ing ca­pa­city to act is however only li­able to the ex­tent that he or she has already be­nefited from the per­form­ance or to which he or she has been en­riched at the time of the de­mand or has ali­en­ated the be­ne­fits in bad faith.

2If the per­son lack­ing ca­pa­city to act has in­duced the oth­er party to er­ro­neously as­sume that he or she has the ca­pa­city to act, he or she is li­able for the dam­age in­curred.


1 In­ser­ted by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 19c

4. Strictly per­son­al rights

 

1Per­sons cap­able of judge­ment but lack­ing ca­pa­city to act ex­er­cise their strictly per­son­al rights in­de­pend­ently; cases where the law re­quires the con­sent of the leg­al rep­res­ent­at­ive are re­served.

2The leg­al rep­res­ent­at­ive acts for a per­son lack­ing ca­pa­city of judge­ment un­less a right is so strictly per­son­al that any form of rep­res­ent­a­tion is ex­cluded.


1 In­ser­ted by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 19d

IIIbis. Re­stric­tion of the ca­pa­city to act

 

The ca­pa­city to act may be re­stric­ted by an adult pro­tec­tion meas­ure.


1 In­ser­ted by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 20

IV.1 Kin­ship by blood and by mar­riage

1. Blood kin­ship

 

1The de­gree of kin­ship2 is de­term­ined by the num­ber of in­ter­me­di­ary gen­er­a­tions.

2Lin­eal kin­ship ex­ists between two per­sons where one is des­cen­ded from the oth­er and col­lat­er­al kin­ship ex­ists between two per­sons where both are des­cen­ded from a third per­son and are not re­lated lin­eally.


1 Amended of mar­gin title in ac­cord­ance with No I 3 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819, 1973 92; BBl 1971 I 1200).
2 Term amended by No I 3 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).

Art. 21

2. Kin­ship by mar­riage

 

1Where one per­son is re­lated to an­oth­er, he or she is re­lated as an in-law to the lat­ter’s spouse or re­gistered part­ner in the same line and to the same de­gree.

2Kin­ship by mar­riage is not ended by dis­sol­u­tion of the mar­riage or of the re­gistered part­ner­ship which cre­ated it.


1 Amended by An­nex No. 8 of the Re­gistered Part­ner­ship Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).

Art. 22

V. Place of ori­gin and dom­i­cile

1. Ori­gin

 

1The place of ori­gin of a per­son is de­term­ined by his or her cit­izen­ship.

2Cit­izen­ship is gov­erned by pub­lic law.

3If a per­son is a cit­izen of more than one place, his or her place of ori­gin is the one in which he or she is or was most re­cently res­id­ent or, in the ab­sence of any such res­id­ence, the one in which he or she or his or her an­cest­ors last ac­quired cit­izen­ship.

Art. 23

2. Dom­i­cile

a. Defin­i­tion

 

1A per­son’s dom­i­cile is the place in which he or she resides with the in­ten­tion of set­tling; res­id­ence for the pur­pose of edu­ca­tion or the ac­com­mod­a­tion of a per­son in an edu­cat­ive in­sti­tu­tion or care home, a hos­pit­al or a pen­al in­sti­tu­tion does not by it­self es­tab­lish dom­i­cile.1

2No per­son may have more than one dom­i­cile at a time.

3This pro­vi­sion does not ap­ply to places of busi­ness.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 24

b. Change of dom­i­cile, tem­por­ary res­id­ence

 

1A per­son re­tains his or her dom­i­cile un­til such time as a new one is ac­quired.

2A per­son’s dom­i­cile is deemed to be the place in which he or she is tem­por­ar­ily res­id­ent if no pre­vi­ously es­tab­lished dom­i­cile may be proven or if he or she was formerly res­id­ent abroad and has not yet es­tab­lished a dom­i­cile in Switzer­land.

Art. 25

c. Dom­i­cile of minors2

 

1The dom­i­cile of a child sub­ject to par­ent­al re­spons­ib­il­ity3 is deemed to be that of the par­ents or, if the par­ents have dif­fer­ent dom­i­ciles, that of the par­ent with whom the child is res­id­ent; in all oth­er cases it is deemed to be the child’s tem­por­ary dom­i­cile.

2Chil­dren un­der guard­i­an­ship are dom­i­ciled at the seat of the child pro­tec­tion au­thor­ity.4


1 Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
2 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
3 Term in ac­cord­ance with No I 1 of the FA of 26 June 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). This amend­ment is taken in­to con­sid­er­a­tion throughout the Code.
4 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 26

d. Per­sons in in­sti­tu­tions

 

Adults sub­ject to a gen­er­al deputy­ship are dom­i­ciled at the loc­a­tion of the adult pro­tec­tion au­thor­ity.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 27

B. Pro­tec­tion of leg­al per­son­al­ity

I. Against ex­cess­ive re­stric­tion1

 

1No per­son may, wholly or in part, re­nounce his or her leg­al ca­pa­city or his or her ca­pa­city to act.

2No per­son may sur­render his or her free­dom or re­strict the use of it to a de­gree which vi­ol­ates the law or pub­lic mor­als.


1 Amended by No I of the FA of 16 Dec. 1983, in force since 1 Ju­ly 1985 (AS 1984 778; BBl 1982 II 636).

Art. 28

II. Against in­fringe­ments

1. Prin­ciple

 

1Any per­son whose per­son­al­ity rights are un­law­fully in­fringed may pe­ti­tion the court for pro­tec­tion against all those caus­ing the in­fringe­ment.

2An in­fringe­ment is un­law­ful un­less it is jus­ti­fied by the con­sent of the per­son whose rights are in­fringed or by an over­rid­ing private or pub­lic in­terest or by law.


1 Amended by No I of the FA of 16 Dec. 1983, in force since 1 Ju­ly 1985 (AS 1984 778; BBl 1982 II 636).

Art. 28a

2. Ac­tions

a. In gen­er­al2

 

1The ap­plic­ant may ask the court:

1.
to pro­hib­it a threatened in­fringe­ment;
2.
to or­der that an ex­ist­ing in­fringe­ment cease;
3.
to make a de­clar­a­tion that an in­fringe­ment is un­law­ful if it con­tin­ues to have an of­fens­ive ef­fect.

2In par­tic­u­lar the ap­plic­ant may re­quest that the rec­ti­fic­a­tion or the judg­ment be no­ti­fied to third parties or pub­lished.

3 Claims for dam­ages and sat­is­fac­tion and for hand­ing over profits in ac­cord­ance with the pro­vi­sions gov­ern­ing agency without au­thor­ity are re­served.


1 In­ser­ted by No I of the FA of 16 Dec. 1983, in force since 1 Ju­ly 1985 (AS 1984 778; BBl 1982 II 636).
2 Amended by No I of the FA of 23 June 2006 (Pro­tec­tion of the Per­son­al­ity against Vi­ol­ence, Threats and Har­ass­ment), in force since 1 Ju­ly 2007 (AS 2007 137; BBl 2005 6871 6897).

Art. 28b

b. Vi­ol­ence, threats or har­ass­ment

 

1To ob­tain pro­tec­tion from vi­ol­ence, threats or har­ass­ment, the ap­plic­ant may re­quest the court in par­tic­u­lar to or­der the of­fend­ing party to re­frain from:

1.
ap­proach­ing the ap­plic­ant or from en­ter­ing a defined area around the ap­plic­ant’s dwell­ing;
2.
fre­quent­ing spe­cified loc­a­tions, not­ably par­tic­u­lar streets, squares or dis­tricts;
3.
from mak­ing con­tact with the ap­plic­ant, es­pe­cially by tele­phone, in writ­ing or elec­tron­ic­ally, or from har­ass­ing the ap­plic­ant in any oth­er way.

2If the ap­plic­ant lives in the same dwell­ing as the of­fend­ing party, the ap­plic­ant may ask the court to or­der the of­fend­ing party to leave the dwell­ing for a spe­cified peri­od. This peri­od may be ex­ten­ded on one oc­ca­sion for good cause.

3 Where jus­ti­fied by the cir­cum­stances, the court may:

1.
re­quire the ap­plic­ant to pay reas­on­able com­pens­a­tion for his or her ex­clus­ive use of the dwell­ing; or
2.
with the land­lord’s con­sent, trans­fer the rights and ob­lig­a­tions un­der the lease to the ap­plic­ant alone.

3bisIt shall give no­tice of its de­cision to the com­pet­ent child and adult pro­tec­tion au­thor­it­ies, the com­pet­ent can­ton­al au­thor­ity un­der para­graph 4 and oth­er au­thor­it­ies and third parties, provided this ap­pears ne­ces­sary in or­der to ful­fil its re­spons­ib­il­it­ies or for the pro­tec­tion of the ap­plic­ant, or en­ables the de­cision to be en­forced.2

4The can­tons shall des­ig­nate an au­thor­ity which in ur­gent cases may or­der the im­me­di­ate ex­pul­sion of the of­fend­ing party from the joint dwell­ing and shall en­act rules gov­ern­ing the pro­ced­ure.


1 In­ser­ted by No I of the FA of 16 Dec. 1983 (AS 1984 778; BBl 1982 II 636). Amended by No I of the FA of 23 June 2006 (Pro­tec­tion of the Per­son­al­ity against Vi­ol­ence, Threats and Har­ass­ment), in force since 1 Ju­ly 2007 (AS 2007 137; BBl 2005 6871 6897).
2 In­ser­ted by No I of the FA of 14 Dec. 2018 on Im­prov­ing the Pro­tec­tion giv­en to Vic­tims of Vi­ol­ence, in force since 1 Ju­ly 2020 (AS 2019 2273; BBl 2017 7307).

Art. 28c–28f

3. ...

 

1 In­ser­ted by No I of the FA of 16 Dec. 1983 (AS 1984 778; BBl 1982 II 636). Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

Art. 28g

4. Right of reply

a. Prin­ciple2

 

1Any per­son whose per­son­al­ity rights are dir­ectly af­fected by a rep­res­ent­a­tion of events in peri­od­ic­ally ap­pear­ing me­dia, es­pe­cially the press, ra­dio or tele­vi­sion, shall have a right of reply.

2There is no right of reply in re­spect of ac­cur­ate re­ports of the pub­lic deal­ings of an au­thor­ity in which the af­fected per­son took part.


1 In­ser­ted by No I of the FA of 16 Dec. 1983, in force since 1 Ju­ly 1985 (AS 1984 778; BBl 1982 II 636).
2 Amended by No I of the FA of 23 June 2006 (Pro­tec­tion of the Per­son­al­ity against Vi­ol­ence, Threats and Har­ass­ment), in force since 1 Ju­ly 2007 (AS 2007 137; BBl 2005 6871 6897).

Art. 28h

b. Form and con­tent

 

1The text of the reply must be suc­cinct and con­fine it­self to the sub­ject mat­ter of the con­ten­tious rep­res­ent­a­tion.

2The reply may be re­fused if it is plainly in­cor­rect or vi­ol­ates the law or pub­lic mor­als.


1 In­ser­ted by No I of the FA of 16 Dec. 1983, in force since 1 Ju­ly 1985 (AS 1984 778; BBl 1982 II 636).

Art. 28i

c. Pro­ced­ure

 

1The au­thor of the reply must send the text to the me­dia com­pany with­in 20 days of learn­ing of the con­ten­tious rep­res­ent­a­tion, but at the latest with­in three months of pub­lic­a­tion.

2The me­dia com­pany must im­me­di­ately in­form the au­thor of the reply when it will be pub­lished or why it is re­jec­ted.


1 In­ser­ted by No I of the FA of 16 Dec. 1983, in force since 1 Ju­ly 1985 (AS 1984 778; BBl 1982 II 636).

Art. 28k

d. Pub­lic­a­tion

 

1The reply must be pub­lished as soon as pos­sible and in such a man­ner as to en­sure that it reaches the same audi­ence or read­er­ship as the con­ten­tious rep­res­ent­a­tion.

2The reply must be iden­ti­fied as such; the me­dia com­pany is not per­mit­ted to make any ad­di­tion ex­cept to state wheth­er it stands by its rep­res­ent­a­tion or to in­dic­ate its sources.

3The reply must be pub­lished free of charge.


1 In­ser­ted by No I of the FA of 16 Dec. 1983, in force since 1 Ju­ly 1985 (AS 1984 778; BBl 1982 II 636).

Art. 28l

e. Re­course to the courts

 

1If the me­dia com­pany ob­structs the right of reply, re­jects the reply or fails to pub­lish it cor­rectly, the party in ques­tion may pe­ti­tion the court.

2...2

3and 4...3


1 In­ser­ted by No I of the FA of 16 Dec. 1983, in force since 1 Ju­ly 1985 (AS 1984 778; BBl 1982 II 636).
2 Re­pealed by An­nex No. 2 of the Civil Jur­is­dic­tion Act of 24 March 2000, with ef­fect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
3 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

Art. 29

III. Right to use one’s name

1. Pro­tec­tion of one’s name

 

1If a per­son’s use of his or her name is dis­puted, he or she may ap­ply for a court de­clar­a­tion con­firm­ing his rights.

2If a per­son is ad­versely af­fected be­cause an­oth­er per­son is us­ing his or her name, he or she may seek an or­der pro­hib­it­ing such use and, if the user is at fault, may bring a claim for dam­ages and, where jus­ti­fied by the nature of the in­fringe­ment, for sat­is­fac­tion.

Art. 30

2. Change of name

a. Gen­er­al1

 

1The gov­ern­ment of the can­ton of res­id­ence may per­mit a per­son to change his or her name for good cause.2

2...3

3A per­son ad­versely af­fected by a change of name may con­test the same in court with­in one year of learn­ing there­of.


1 Amended by No I of the FA of 30 Sept. 2011 (Name and Cit­izen­ship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
2 Amended by No I of the FA of 30 Sept. 2011 (Name and Cit­izen­ship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
3 Re­pealed by No I of the FA of 30 Sept. 2011 (Name and Cit­izen­ship), with ef­fect from 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).

Art. 30a

b. On the death of a spouse

 

A per­son whose spouse dies may, if that per­son changed his or her sur­name on mar­riage, at any time de­clare be­fore the civil re­gis­trar the wish to re­vert to the name by which he or she was known pri­or to the mar­riage.


1 In­ser­ted by No I of the FA of 30 Sept. 2011 (Name and Cit­izen­ship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).

Art. 31

C. Be­gin­ning and end of per­son­al­ity rights

I. Birth and death

 

1Per­son­al­ity rights be­gin on the birth of the liv­ing child and end on death.

2An un­born child has leg­al ca­pa­city provided that it sur­vives birth.

Art. 32

II. Proof

1. Bur­den of proof

 

1Any per­son who, in ex­er­cising a right, re­lies on the fact that an­oth­er per­son is liv­ing or has died or was alive at a par­tic­u­lar time or sur­vived an­oth­er per­son must pro­duce evid­ence there­of.

2If it can­not be proved that, of a group of sev­er­al de­ceased per­sons, one sur­vived an­oth­er, all are deemed to have died at the same time.

Art. 33

2. Evid­ence

a. In gen­er­al

 

1Proof of the birth or death of a per­son is es­tab­lished by the re­cords kept by the civil re­gister.

2If re­cords are miss­ing or shown to be in­cor­rect, proof may be ad­duced in an­oth­er form.

Art. 34

b. Pre­sump­tion of death

 

The death of a per­son is deemed proven, even if no-one has seen the corpse, if that per­son has dis­ap­peared in cir­cum­stances in which his death may be con­sidered cer­tain.

Art. 35

III. De­clar­a­tion of pre­sumed death

1. In gen­er­al

 

1If it is highly prob­able that a per­son is dead be­cause he or she has dis­ap­peared in ex­tremely life-threat­en­ing cir­cum­stances or has been miss­ing for a lengthy peri­od without any sign of life, the court may de­clare that per­son pre­sumed dead on ap­plic­a­tion by any per­son de­riv­ing rights from his or her death.

2...1


1 Re­pealed by An­nex No. 2 of the Civil Jur­is­dic­tion Act of 24 March 2000, with ef­fect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).

Art. 36

2. Pro­ced­ure

 

1The ap­plic­a­tion may be made when at least one year has elapsed since the life-threat­en­ing event or five years have elapsed since the last sign of life.

2The court must, by suit­able pub­lic means, call on any per­son who may provide in­form­a­tion about the miss­ing per­son to come for­ward with­in a spe­cified peri­od.

3The peri­od shall run for at least one year fol­low­ing the first pub­lic no­tice.

Art. 37

3. Fail­ure of ap­plic­a­tion

 

If the miss­ing per­son comes for­ward with­in the set peri­od or if news of the miss­ing per­son is re­ceived or if the date of his or her death is proved, the ap­plic­a­tion fails.

Art. 38

4. Ef­fect

 

1If no news is re­ceived dur­ing the set peri­od, the miss­ing per­son is de­clared pre­sumed dead and rights de­rived from the fact of his or her death may be en­forced as if death were proven.

2The de­clar­a­tion of pre­sumed death has ret­ro­act­ive ef­fect from the time of the life-threat­en­ing event or the last sign of life.

3A de­clar­a­tion of pre­sumed death dis­solves a mar­riage.1


1 In­ser­ted by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).

Chapter Two: Registration of Civil Status

Art. 39

A. Re­gisters

I. In gen­er­al

 

1Civil status is re­cor­ded in an elec­tron­ic re­gister (civil re­gister).

2Civil status in­cludes in par­tic­u­lar:

1.
a per­son’s par­tic­u­lars, such as those re­lat­ing to birth, mar­riage, re­gistered civil part­ner­ship and death;
2.
a per­son’s status un­der the law of per­sons and fam­ily law, such as ma­jor­ity, par­ent­age, mar­riage or re­gistered civil part­ner­ship;
3.
names;
4.
can­ton­al and com­mun­al cit­izen­ship;
5.
na­tion­al­ity.

1 Amended by No I 1 of the FA of 15 Dec. 2017 (Re­gis­tra­tion of Civil Status and Land Re­gister), in force since 1 Jan. 2019 (AS 2018 4017; BBl 2014 3551).

Art. 40

II. Duty to no­ti­fy1

 

1The Fed­er­al Coun­cil de­term­ines which per­sons and au­thor­it­ies have a duty to fur­nish the in­form­a­tion ne­ces­sary to re­cord civil status.

2It may provide that breaches of said duty be pun­ish­able by fines.

3...2


1 Amended by No I of the FA of 5 Oct. 2001 (Elec­tron­ic civil re­gister), in force since 1 Ju­ly 2004 (AS 2004 2911; BBl 2001 1639).
2 Re­pealed by No I of the FA of 5 Oct. 2001 (Elec­tron­ic civil re­gister), with ef­fect from 1 Ju­ly 2004 (AS 2004 2911; BBl 2001 1639).

Art. 41

III. Proof of un­dis­puted in­form­a­tion

 

1 Where doc­u­ment­ary proof of in­form­a­tion con­cern­ing civil status is re­quired but is im­possible or un­reas­on­ably dif­fi­cult to ob­tain des­pite mak­ing reas­on­able ef­forts, the can­ton­al su­per­vis­ory au­thor­ity may ac­cept a de­clar­a­tion made in the pres­ence of the re­gis­trar as proof provided such in­form­a­tion is not dis­puted.

2The re­gis­trar shall re­mind any per­son mak­ing such a de­clar­a­tion of his or her duty to tell the truth and that a false de­clar­a­tion may lead to pro­sec­u­tion.

Art. 42

IV. Rec­ti­fic­a­tion

1. By court or­der

 

1Any per­son who sat­is­fies the court that he or she has a per­son­al in­terest war­rant­ing pro­tec­tion may seek an or­der for the re­gis­tra­tion of dis­puted in­form­a­tion con­cern­ing per­son­al status or the rec­ti­fic­a­tion or re­mov­al of an entry. The court shall hear the rel­ev­ant can­ton­al su­per­vis­ory au­thor­ity, to which it shall no­ti­fy its judg­ment.

2The can­ton­al su­per­vis­ory au­thor­it­ies are like­wise en­titled to make such ap­plic­a­tions.

Art. 43

2. By the re­gister au­thor­it­ies

 

The re­gister au­thor­it­ies must of their own ac­cord rec­ti­fy mis­takes res­ult­ing from an ob­vi­ous over­sight or er­ror.

Art. 43a

V. Data pro­tec­tion and dis­clos­ure

 

1In re­la­tion to the re­gis­tra­tion of civil status, the Fed­er­al Coun­cil is re­spons­ible for safe­guard­ing the per­son­al­ity and con­sti­tu­tion­al rights of per­sons in re­spect of whom data is pro­cessed.

2It reg­u­lates the dis­clos­ure of data to private per­sons who may show a dir­ect in­terest war­rant­ing pro­tec­tion.

3It stip­u­lates those au­thor­it­ies, in ad­di­tion to the re­gister au­thor­it­ies, to whom the data ne­ces­sary for the per­form­ance of their leg­al du­ties may be dis­closed peri­od­ic­ally or on re­quest. The dis­clos­ure pro­vi­sions un­der can­ton­al law are re­served.

3bisThe re­gister au­thor­it­ies are re­quired to re­port to the com­pet­ent au­thor­ity any crim­in­al of­fences that come to their at­ten­tion while car­ry­ing out their of­fi­cial du­ties.2

4The fol­low­ing bod­ies have on­line ac­cess to data re­quired for prov­ing the iden­tity of a per­son:

1.
the is­su­ing au­thor­it­ies un­der the Fed­er­al Act of 22 June 20013 on Iden­ti­fic­a­tion Doc­u­ments for Swiss Na­tion­als;
2.4
the fed­er­al agency re­spons­ible for op­er­at­ing the com­pu­ter­ised po­lice search sys­tem un­der Art­icle 15 of the Fed­er­al Act of 13 June 20085 on the Fed­er­al Po­lice In­form­a­tion Sys­tems and the fil­ter­ing agen­cies of the can­ton­al and com­mun­al po­lice forces linked in­to the search sys­tem;
3.
the fed­er­al agency re­spons­ible for keep­ing the com­pu­ter­ised re­gister of con­vic­tions un­der Art. 359 of the Crim­in­al Code6;
4.
the fed­er­al agency re­spons­ible for in­vest­ig­a­tions re­gard­ing miss­ing per­sons7;
5.8
the Fed­er­al In­tel­li­gence Ser­vice for the early de­tec­tion and pre­ven­tion of threats to in­tern­al or ex­tern­al se­cur­ity in ac­cord­ance with Art­icle 6 para­graph 1 let­ter a of the In­tel­li­gence Ser­vice Act of 25 Septem­ber 20159;
6.10
the au­thor­it­ies re­spons­ible for keep­ing the can­ton­al and com­mun­al re­gisters of res­id­ents in ac­cord­ance with the Re­gister Har­mon­isa­tion Act of 23 June 200611;
7. 12
the fed­er­al agen­cies re­spons­ible for keep­ing the cent­ral re­gisters of in­sured per­sons in ac­cord­ance with Art­icle 71 para­graph 4 let­ter a of the Fed­er­al Act of 20 Decem­ber 194613 on Old-Age and Sur­viv­ors In­sur­ance;
8. 14
the fed­er­al agen­cies at the Fed­er­al De­part­ment of For­eign Af­fairs re­spons­ible for keep­ing the re­gister of Swiss liv­ing abroad in ac­cord­ance with Art­icle 4 para­graph 1 of the Fed­er­al Act of 24 March 200015 on the Pro­cessing of Per­son­al Data.

1 In­tro­duced by No I of the FA of 5 Oct. 2001 (Elec­tron­ic civil re­gister), in force since 1 Ju­ly 2004 (AS 2004 2911; BBl 2001 1639).
2 In­ser­ted by No. I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).
3 SR 143.1
4 Amended by An­nex 1 No. 4 of the FA of 13 June 2008 on the Fed­er­al Po­lice In­form­a­tion Sys­tems, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
5 SR 361
6 Now: Art. 365.
7 Cur­rently the Fed­er­al Of­fice of Po­lice.
8 In­ser­ted by An­nex No II 4 of the In­tel­li­gence Ser­vice Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).
9 SR 121
10 In­ser­ted by No I 1 of the FA of 15 Dec. 2017 (Re­gis­tra­tion of Civil Status and Land Re­gister), in force since 1 Jan. 2019 (AS 2018 4017; BBl 2014 3551).
11 SR 431.02
12 In­ser­ted by No I 1 of the FA of 15 Dec. 2017 (Re­gis­tra­tion of Civil Status and Land Re­gister), in force since 1 Jan. 2019 (AS 2018 4017; BBl 2014 3551).
13 SR 831.10
14 In­ser­ted by No I 1 of the FA of 15 Dec. 2017 (Re­gis­tra­tion of Civil Status and Land Re­gister), in force since 1 Jan. 2019 (AS 2018 4017; BBl 2014 3551).
15 SR 235.2

Art. 44

B. Or­gan­isa­tion

I. Civil re­gister au­thor­it­ies

1. Civil re­gis­trars

 

1In par­tic­u­lar, the re­gis­trars shall per­form the fol­low­ing tasks:

1.
they main­tain the civil re­gister;
2.
they make no­ti­fic­a­tions and provide ex­tracts;
3.
they carry out the pre­par­at­ory pro­ced­ure for wed­dings and con­duct the wed­ding ce­re­mony;
4.
they re­cord de­clar­a­tions as to civil status.

2Ex­cep­tion­ally, the Fed­er­al Coun­cil may en­trust a rep­res­ent­at­ive of Switzer­land abroad with these tasks.

Art. 45

2. Su­per­vis­ory au­thor­it­ies

 

1Each can­ton shall ap­point a su­per­vis­ory au­thor­ity.

2In par­tic­u­lar, the su­per­vis­ory au­thor­ity shall per­form the fol­low­ing tasks:

1.
it su­per­vises the re­gister of­fices;
2.
it sup­ports and ad­vises the re­gister of­fices;
3.
it as­sists in main­tain­ing the civil re­gister and in car­ry­ing out the pre­par­at­ory pro­ced­ure for wed­dings;
4.
it is­sues dir­ect­ives on re­cog­ni­tion and re­cord­ing of mat­ters re­lat­ing to civil status that oc­cur abroad and of for­eign ju­di­cial and ad­min­is­trat­ive de­cisions con­cern­ing civil status;
5.
it provides for the ba­sic and con­tinu­ing edu­ca­tion and train­ing of per­sons work­ing in the civil re­gister ser­vice.

3The Con­fed­er­a­tion is re­spons­ible for over­sight. It may have re­course to can­ton­al ap­peal pro­ced­ures against the de­cisions of the re­gis­trars and the su­per­vis­ory au­thor­it­ies.1


1 Amended by No I of the FA of 5 Oct. 2001 (Elec­tron­ic civil re­gister), in force since 1 Ju­ly 2004 (AS 2004 2911; BBl 2001 1639).

Art. 45a

Ia. Cent­ral civil in­form­a­tion sys­tem

 

1The Con­fed­er­a­tion shall op­er­ate and de­vel­op a cent­ral civil in­form­a­tion sys­tem for run­ning a cent­ral­ised civil re­gister.

2The Con­fed­er­a­tion bears the op­er­at­ing and de­vel­op­ment costs.

3The can­tons shall pay the Con­fed­er­a­tion an an­nu­al fee for the use of the sys­tem for the pur­poses of man­aging the re­gister of civil status.

4The Con­fed­er­a­tion shall in­volve the can­tons in the de­vel­op­ment of the sys­tem and provide tech­nic­al sup­port in its use.

5In co­oper­a­tion with the can­tons, the Fed­er­al Coun­cil reg­u­lates:
1.
the de­tails of the can­tons’ in­volve­ment in de­vel­op­ing the sys­tem;
2.
the amount to be paid by the can­tons for its use;
3.
the rights of ac­cess of the civil re­gister au­thor­it­ies and oth­er agen­cies with ac­cess rights;
4.
how the Con­fed­er­a­tion and can­tons co­oper­ate over run­ning the sys­tem;
5.
the or­gan­isa­tion­al and tech­nic­al meas­ures ne­ces­sary to safe­guard data pro­tec­tion and data se­cur­ity;
6.
data archiv­ing.

6It may provide for the costs of ser­vices for third parties for pur­poses un­re­lated to civil status mat­ters to be charged to these third parties.


1 In­ser­ted by No I of the FA of 5 Oct. 2001 (Elec­tron­ic civil re­gister) (AS 2004 2911; BBl 2001 1639). In­ser­ted by No I 1 of the FA of 15 Dec. 2017 (Re­gis­tra­tion of Civil Status and Land Re­gister), in force since 1 Jan. 2019 (AS 2018 4017; BBl 2014 3551).

Art. 46

II. Li­ab­il­ity

 

1Any per­son suf­fer­ing loss caused un­law­fully by per­sons em­ployed in the civil re­gister ser­vice in the ex­er­cise of their of­fi­cial du­ties is en­titled to dam­ages and, where jus­ti­fied by the grav­ity of the loss, to sat­is­fac­tion.

2The can­ton is li­able; it may have re­course against per­sons who have caused loss wil­fully or through gross neg­li­gence.

3The Gov­ern­ment Li­ab­il­ity Act of 14 March 19581 ap­plies in re­la­tion to per­sons em­ployed by the Con­fed­er­a­tion.


Art. 47

III. Dis­cip­lin­ary meas­ures

 

1Wil­ful or neg­li­gent breaches of of­fi­cial duty by per­sons work­ing in civil re­gister of­fices are sub­ject to dis­cip­lin­ary meas­ures taken by the can­ton­al su­per­vis­ory au­thor­ity.

2Dis­cip­lin­ary meas­ures shall con­sist of rep­rim­ands, fines of up to CHF 1000 or, in ser­i­ous cases, re­mov­al from of­fice.

3The right to pro­sec­ute is re­served.

Art. 48

C. Im­ple­ment­ing pro­vi­sions

I. Fed­er­al law

 

1The Fed­er­al Coun­cil is­sues the pro­vi­sions on im­ple­ment­a­tion.

2In par­tic­u­lar it reg­u­lates:

1.
the re­gisters to be main­tained and the in­form­a­tion to be re­cor­ded;

2. the use of the OASI num­ber in ac­cord­ance with Art­icle 50c of the Fed­er­al Act of 20 Decem­ber 19461 on the Old-Age and Sur­viv­ors' In­sur­ance for the pur­pose of elec­tron­ic data ex­change between of­fi­cial re­gisters of per­sons;

3. the main­ten­ance of the re­gister;

4.
su­per­vi­sion.2

3To en­sure tech­nic­ally re­li­able im­ple­ment­a­tion the Fed­er­al Coun­cil may set min­im­um re­quire­ments for the ba­sic and con­tinu­ing edu­ca­tion and train­ing of per­son­nel in the civil re­gister ser­vice and for the func­tion of re­gis­trar.

4It de­term­ines the fees charged by the civil re­gister ser­vice.

5It de­term­ines the con­di­tions on which it is per­miss­ible by elec­tron­ic means:

1.
to provide civil status in­form­a­tion;
2.
to make de­clar­a­tions con­cern­ing civil status;
3.
to make no­ti­fic­a­tions and provide ex­tracts from the civil re­gister.3

1 SR 831.10
2 Amended by An­nex No. 2 of the Re­gister Har­mon­isa­tion Act of 23 June 2006, in force since 1 Jan. 2008 (AS 2006 4165; BBl 2006 427).
3 In­ser­ted by No I of the FA of 5 Oct. 2001 (Elec­tron­ic Civil Re­gister), in force since 1 Ju­ly 2004 (AS 2004 2911; BBl 2001 1639).

Art. 49

II. Can­ton­al law

 

1The can­tons define the civil re­gister dis­tricts.

2They en­act the pro­vi­sions ne­ces­sary for im­ple­ment­a­tion with­in the frame­work of fed­er­al law.

3Such can­ton­al pro­vi­sions, with the ex­cep­tion of those con­cern­ing re­mu­ner­a­tion of per­son­nel, are sub­ject to ap­prov­al by the Con­fed­er­a­tion.

Art. 50 and 51

 

Re­pealed

Title Two: Legal Entities

Chapter One: General Provisions

Art. 52

A. Leg­al per­son­al­ity

 

1 As­so­ci­ations of per­sons or­gan­ised as cor­por­ate bod­ies and in­de­pend­ent bod­ies with a spe­cif­ic pur­pose ac­quire leg­al per­son­al­ity on be­ing entered in the com­mer­cial re­gister.

2Pub­lic law cor­por­a­tions and bod­ies, and as­so­ci­ations that do not have a com­mer­cial pur­pose do not re­quire re­gis­tra­tion.1

3As­so­ci­ations of per­sons and bod­ies which pur­sue an im­mor­al or un­law­ful pur­pose may not ac­quire leg­al per­son­al­ity.


1 Amended by No I 1 of the FA of 12 Dec. 2014 on the Im­ple­ment­a­tion of the 2012 Re­vi­sion of the Re­com­mend­a­tions of the Fin­an­cial Ac­tion Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605).

Art. 53

B. Leg­al ca­pa­city

 

Leg­al en­tit­ies have all the rights and du­ties oth­er than those which pre­sup­pose in­trins­ic­ally hu­man at­trib­utes, such as gender, age or kin­ship.

Art. 54

C. Ca­pa­city to act

I. Re­quire­ments

 

Leg­al en­tit­ies have ca­pa­city to act once the gov­ern­ing bod­ies re­quired by law and their art­icles of as­so­ci­ation have been ap­poin­ted.

Art. 55

II. Ac­tion on be­half of the leg­al en­tity

 

1The gov­ern­ing bod­ies ex­press the will of the leg­al en­tity.

2They bind the leg­al en­tity by con­clud­ing trans­ac­tions and by their oth­er ac­tions.

3The gov­ern­ing of­ficers are also per­son­ally li­able for their wrong­ful acts.

Art. 56

D. Seat

 

The seat of the leg­al en­tity is loc­ated where its ad­min­is­tra­tion is car­ried out, un­less its art­icles of as­so­ci­ation provide oth­er­wise.


1 Amended by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

Art. 57

E. Dis­sol­u­tion

I. Ap­plic­a­tion of as­sets

 

1On dis­sol­u­tion of a leg­al en­tity, and un­less provided oth­er­wise by law, the art­icles of as­so­ci­ation, the found­ing charter or the gov­ern­ing bod­ies, its as­sets pass to the state au­thor­ity (Con­fed­er­a­tion, can­ton, com­mune) to which the en­tity had been as­signed ac­cord­ing to its ob­jects.

2Such as­sets must be used as far as pos­sible for the ori­gin­al pur­pose.

3Where a leg­al en­tity is dis­solved due to its pur­suit of im­mor­al or un­law­ful ob­jects, the as­sets pass to the state au­thor­ity even where con­trary pro­vi­sion has been made.1


1 Amended by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 58

II. Li­quid­a­tion

 

The pro­ced­ure for li­quid­at­ing the as­sets of the leg­al en­tity is gov­erned by the reg­u­la­tions for co­oper­at­ives.

Art. 59

F. Re­ser­va­tion of pub­lic law and com­pany law

 

1Pub­lic and ec­cle­si­ast­ic­al cor­por­a­tions and in­sti­tu­tions are gov­erned by fed­er­al and can­ton­al pub­lic law.

2As­so­ci­ations of per­sons which pur­sue a com­mer­cial pur­pose are sub­ject to the pro­vi­sions on com­pan­ies and co­oper­at­ives.

3Com­mon land co­oper­at­ives and sim­il­ar bod­ies re­main sub­ject to the pro­vi­sions of can­ton­al law.

Chapter Two: Associations

Art. 60

A. Form­a­tion

I. Cor­por­ate group of per­sons

 

1As­so­ci­ations with a polit­ic­al, re­li­gious, sci­entif­ic, cul­tur­al, char­it­able, so­cial or oth­er non-com­mer­cial pur­pose ac­quire leg­al per­son­al­ity as soon as their in­ten­tion to ex­ist as a cor­por­ate body is ap­par­ent from their art­icles of as­so­ci­ation.

2The art­icles of as­so­ci­ation must be done in writ­ing and in­dic­ate the ob­jects of the as­so­ci­ation, its re­sources and its or­gan­isa­tion.

Art. 61

II. Entry in the com­mer­cial re­gister1

 

1Once the art­icles of as­so­ci­ation have been rat­i­fied and the com­mit­tee ap­poin­ted, the as­so­ci­ation is eli­gible for entry in the com­mer­cial re­gister.

2The as­so­ci­ation must be re­gistered if it:

1.
con­ducts a com­mer­cial op­er­a­tion in pur­suit of its ob­jects;
2.
is sub­ject to an audit re­quire­ment.2

3The art­icles of as­so­ci­ation and a list of com­mit­tee mem­bers must be en­closed with the ap­plic­a­tion for re­gis­tra­tion.


1 Amended by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
2 Amended by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

Art. 62

III. As­so­ci­ations lack­ing leg­al per­son­al­ity

 

As­so­ci­ations which can­not ac­quire or have not yet ac­quired leg­al per­son­al­ity are treated as simple part­ner­ships.

Art. 63

IV. Re­la­tion­ship between art­icles of as­so­ci­ation and the law

 

1Where the art­icles of as­so­ci­ation do not provide rules for the as­so­ci­ation’s or­gan­isa­tion or its re­la­tion­ship with its mem­bers, the fol­low­ing pro­vi­sions ap­ply.

2Man­dat­ory pro­vi­sions of law can­not be altered by the art­icles of as­so­ci­ation.

Art. 64

B. Or­gan­isa­tion

I. Gen­er­al meet­ing

1. Func­tion, con­ven­ing of meet­ings

 

1The gen­er­al meet­ing of mem­bers is the su­preme gov­ern­ing body of the as­so­ci­ation.

2The gen­er­al meet­ing is called by the com­mit­tee.

3Gen­er­al meet­ings must be con­vened in ac­cord­ance with the rules set out in the art­icles of as­so­ci­ation and also, as re­quired by law, if one-fifth of the mem­bers so re­quest.

Art. 65

2. Powers

 

1The gen­er­al meet­ing of mem­bers de­cides on ad­mis­sion and ex­clu­sion of mem­bers, ap­points the com­mit­tee and de­cides all mat­ters which are not re­served to oth­er gov­ern­ing bod­ies of the as­so­ci­ation.

2It su­per­vises the activ­it­ies of the gov­ern­ing bod­ies and may at any time dis­miss the lat­ter without pre­ju­dice to any con­trac­tu­al rights of those dis­missed.

3The right of dis­missal ex­ists by law whenev­er jus­ti­fied by good cause.

Art. 66

3. Res­ol­u­tions

a. Form

 

1Res­ol­u­tions are passed by the gen­er­al meet­ing.

2The writ­ten con­sent of all mem­bers to a pro­pos­al is equi­val­ent to a res­ol­u­tion of the gen­er­al meet­ing.

Art. 67

b. Vot­ing rights and ma­jor­ity

 

1All mem­bers have equal vot­ing rights at the gen­er­al meet­ing.

2Res­ol­u­tions re­quire a ma­jor­ity of the votes of the mem­bers present.

3Res­ol­u­tions may be taken on mat­ters for which prop­er no­tice has not been giv­en only where this is ex­pressly per­mit­ted by the art­icles of as­so­ci­ation.

Art. 68

c. Ex­clu­sion from vot­ing

 

Each mem­ber is by law ex­cluded from vot­ing on any res­ol­u­tion con­cern­ing a trans­ac­tion or dis­pute between him or her, his or her spouse or a lin­eal re­l­at­ive on the one hand and the as­so­ci­ation on the oth­er.

Art. 69

II. Com­mit­tee

1. Rights and du­ties in gen­er­al1

 

The com­mit­tee is en­titled and ob­liged as defined un­der the art­icles of as­so­ci­ation to man­age and rep­res­ent the as­so­ci­ation.


1 Amended by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

Art. 69a

2. Ac­count­ing

 

The com­mit­tee shall main­tain the as­so­ci­ation’s busi­ness ledgers. The pro­vi­sions of the Code of Ob­lig­a­tions2 on com­mer­cial book­keep­ing and ac­count­ing ap­ply mu­tatis mutandis.


1 In­ser­ted by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names) (AS 2007 4791; BBl 2002 3148, 2004 3969). Amended by An­nex No. 1 of the FA of 23 Dec. 2011 (Ac­count­ing Law), in force since 1 Jan. 2013 (AS 2012 6679; BBl 2008 1589).
2 SR 220

Art. 69b

III. Aud­it­ors

 

1The as­so­ci­ation must sub­mit its ac­counts to a full audit by ex­tern­al aud­it­ors if two of the fol­low­ing fig­ures are ex­ceeded in two suc­cess­ive busi­ness years:

1.
total as­sets of CHF 10 mil­lion;
2.
turnover of CHF 20 mil­lion;
3.
av­er­age an­nu­al total of 50 full-time staff.

2The as­so­ci­ation must sub­mit its ac­counts to a lim­ited audit by ex­tern­al aud­it­ors if a mem­ber with per­son­al li­ab­il­ity or an ob­lig­a­tion to provide fur­ther cap­it­al so re­quests.

3The pro­vi­sions of the Code of Ob­lig­a­tions2 on ex­tern­al aud­it­ors for com­pan­ies ap­ply mu­tatis mutandis.

4In all oth­er cases the art­icles of as­so­ci­ation and the gen­er­al meet­ing3 are free to make such audit­ing ar­range­ments as they deem fit.


1 In­ser­ted by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
2 SR 220
3 Cor­rec­ted by the Fed­er­al As­sembly Draft­ing Com­mit­tee (Art. 58 para. 1 ParlA; SR171.10).

Art. 69c

IV. Or­gan­isa­tion­al de­fects

 

1If the as­so­ci­ation lacks one of the pre­scribed gov­ern­ing bod­ies, a mem­ber or a cred­it­or may ap­ply to the court for an or­der that the ne­ces­sary meas­ures be taken.

2In par­tic­u­lar, the court may set the as­so­ci­ation a time lim­it in which to re­store the situ­ation re­quired by law and may, if ne­ces­sary, ap­point an ad­min­is­trat­or.

3The as­so­ci­ation bears the cost of such meas­ures. The court may or­der the as­so­ci­ation to make an ad­vance pay­ment to the per­sons ap­poin­ted.

4For good cause, the as­so­ci­ation may ap­ply to the court for the re­mov­al of the per­sons it ap­poin­ted.


1 In­ser­ted by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

Art. 70

C. Mem­ber­ship

I. Ad­mis­sion, resig­na­tion

 

1Mem­bers may be ad­mit­ted at any time.

2All mem­bers have a leg­al right to resign sub­ject to six months’ no­tice ex­pir­ing at the end of the cal­en­dar year or, if an ad­min­is­trat­ive peri­od is provided for, at the end of such peri­od.

3Mem­ber­ship is neither trans­fer­able nor her­it­able.

Art. 71

II. Duty to pay sub­scrip­tions

 

Mem­bers have a duty to pay sub­scrip­tions if the art­icles of as­so­ci­ation so provide.


1 Amended by No I of the FA of 17 Dec. 2004 (De­term­in­a­tion of Sub­scrip­tion Du­ties for As­so­ci­ation Mem­bers), in force since 1 June 2005 (AS 2005 2117; BBl 2004 4835 4843).

Art. 72

III. Ex­clu­sion

 

1The art­icles of as­so­ci­ation may spe­cify the grounds on which a mem­ber may be ex­cluded, but ex­clu­sion may also oc­cur without reas­ons be­ing giv­en.

2In such cases, the ex­clu­sion may not be chal­lenged based on the reas­ons.

3Un­less the art­icles of as­so­ci­ation provide oth­er­wise, ex­clu­sion re­quires a res­ol­u­tion by the mem­bers and good cause.

Art. 73

IV. Status of former mem­bers

 

1Mem­bers who resign or are ex­cluded have no claim on the as­sets of the as­so­ci­ation.

2They are li­able for the sub­scrip­tions due dur­ing the peri­od of their mem­ber­ship.

Art. 74

V. Pro­tec­tion of the ob­jects of the as­so­ci­ation

 

No mem­ber may be forced against his or her will to ac­cept a change in the ob­jects of the as­so­ci­ation.

Art. 75

VI. Pro­tec­tion of mem­bers

 

Any mem­ber who has not con­sen­ted to a res­ol­u­tion which in­fringes the law or the art­icles of as­so­ci­ation is en­titled by law to chal­lenge such res­ol­u­tion in court with­in one month of learn­ing there­of.

Art. 75a

Cbis. Li­ab­il­ity

 

The as­so­ci­ation is li­able for its ob­lig­a­tions with its as­sets. Such li­ab­il­ity is lim­ited to the as­sets un­less the art­icles of as­so­ci­ation provide oth­er­wise.


1 In­ser­ted by No I of the FA of 17 Dec. 2004 (De­term­in­a­tion of Sub­scrip­tion Du­ties for As­so­ci­ation Mem­bers), in force since 1 June 2005 (AS 2005 2117; BBl 2004 4835 4843).

Art. 76

D. Dis­sol­u­tion

I. Man­ner of dis­sol­u­tion

1. By res­ol­u­tion

 

The as­so­ci­ation may be dis­solved at any time by res­ol­u­tion of the mem­bers.

Art. 77

2. By op­er­a­tion of law

 

The as­so­ci­ation is dis­solved by op­er­a­tion of law if it is in­solv­ent or if the com­mit­tee may no longer be ap­poin­ted in ac­cord­ance with the art­icles of as­so­ci­ation.

Art. 78

3. By court or­der

 

Where the ob­jects of the as­so­ci­ation are un­law­ful or im­mor­al, the com­pet­ent au­thor­ity or an in­ter­ested party may ap­ply for a court or­der of dis­sol­u­tion.

Art. 79

II. De­le­tion from the com­mer­cial re­gister

 

Where the as­so­ci­ation is re­gistered, the com­mit­tee or the court shall in­form the com­mer­cial re­gis­trar of the dis­sol­u­tion so that the entry may be de­leted.

Chapter Three: Foundations

Art. 80

A. Form­a­tion

I. In gen­er­al

 

A found­a­tion is es­tab­lished by the en­dow­ment of as­sets for a par­tic­u­lar pur­pose.

Art. 81

II. Form of es­tab­lish­ment

 

1A found­a­tion may be cre­ated by pub­lic deed or by test­a­ment­ary dis­pos­i­tion.1

2The found­a­tion is entered in the com­mer­cial re­gister based on its charter and, as the case may be, in ac­cord­ance with any dir­ec­tions is­sued by the su­per­vis­ory au­thor­ity, and the entry must in­dic­ate the mem­bers of the board of trust­ees.

3The pro­bate au­thor­ity shall in­form the com­mer­cial re­gis­trar of the cre­ation of the found­a­tion by test­a­ment­ary dis­pos­i­tion.2


1 Amended by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
2 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 82

III. Chal­lenge

 

A found­a­tion may be chal­lenged by the founder’s heirs or cred­it­ors in the same man­ner as a gift.

Art. 83

B. Or­gan­isa­tion

I. In gen­er­al

 

The found­a­tion charter shall stip­u­late the found­a­tion’s gov­ern­ing bod­ies and the man­ner in which it is to be ad­min­istered.


1 Amended by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

Art. 83a

II. Book­keep­ing

 

1The su­preme gov­ern­ing body of the found­a­tion shall main­tain its busi­ness ledgers. The pro­vi­sions of the Code of Ob­lig­a­tions2 on com­mer­cial book­keep­ing and ac­count­ing ap­ply mu­tatis mutandis.


1 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions) (AS 2005 4545; BBl 2003 8153 8191). Amended by An­nex No. 1 of the FA of 23 Dec. 2011 (Ac­count­ing Law), in force since 1 Jan. 2013 (AS 2012 6679; BBl 2008 1589).
2 SR 220

Art. 83b

III. Aud­it­ors

1. Duty of audit and ap­plic­able law

 

1The board of trust­ees shall ap­point ex­tern­al aud­it­ors.

2The su­per­vis­ory au­thor­ity may ex­empt a found­a­tion from the duty to ap­point ex­tern­al aud­it­ors. The Fed­er­al Coun­cil de­term­ines the con­di­tions for such ex­emp­tion.

3Where there are no spe­cial pro­vi­sions for found­a­tions, the pro­vi­sions of the Code of Ob­lig­a­tions2 on ex­tern­al aud­it­ors for pub­lic lim­ited com­pan­ies ap­ply mu­tatis mutandis.

4If the found­a­tion has a duty to carry out a lim­ited audit, the su­per­vis­ory au­thor­ity may re­quire a full audit where ne­ces­sary for a re­li­able as­sess­ment of the found­a­tion’s fin­an­cial situ­ation.


1 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions) (AS 2005 4545; BBl 2003 8153 8191). Amended by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
2 SR 220

Art. 83c

2. Su­per­vis­ory au­thor­ity

 

The ex­tern­al aud­it­ors must provide the su­per­vis­ory au­thor­ity with a copy of the audit re­port and all im­port­ant com­mu­nic­a­tions with the found­a­tion.


1 In­ser­ted by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

Art. 83d

IV. Or­gan­isa­tion­al de­fects

 

1If the planned sys­tem of or­gan­isa­tion proves in­ad­equate or if the found­a­tion lacks one of the pre­scribed gov­ern­ing bod­ies or one such body is not law­fully con­sti­tuted, the su­per­vis­ory au­thor­ity must take the ne­ces­sary meas­ures. In par­tic­u­lar it may:

1.
set a time lim­it with­in which the found­a­tion must re­store the leg­ally re­quired situ­ation; or
2.
ap­point the body which is lack­ing or an ad­min­is­trat­or.

2In the event that the found­a­tion is un­able to or­gan­ise it­self ef­fect­ively, the su­per­vis­ory au­thor­ity shall trans­fer its as­sets to an­oth­er found­a­tion with as sim­il­ar ob­jects as pos­sible.

3The found­a­tion bears the cost of such meas­ures. The su­per­vis­ory au­thor­ity may re­quire the found­a­tion to make an ad­vance pay­ment to the per­sons ap­poin­ted.

4For good cause, the found­a­tion may re­quest the su­per­vis­ory au­thor­ity to re­move per­sons whom it has ap­poin­ted.


1 In­ser­ted by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

Art. 84

C. Su­per­vi­sion

 

1Found­a­tions are su­per­vised by the state au­thor­ity (Con­fed­er­a­tion, can­ton, com­mune) to which they are as­signed.

1bisThe can­tons may sub­ject found­a­tions at com­mun­al level to su­per­vi­sion at can­ton­al level.1

2The su­per­vis­ory au­thor­ity must en­sure that the found­a­tion’s as­sets are used for their de­clared pur­pose.


1 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 84a

Cbis. Meas­ures in the event of over­indebted­ness and in­solv­ency

 

1Where there are grounds for con­cern that the found­a­tion is over­indebted or will no longer be able to meet its ob­lig­a­tions in the longer term, its board of trust­ees must draw up an in­ter­im bal­ance sheet at li­quid­a­tion val­ues and sub­mit it to the ex­tern­al aud­it­ors. If the found­a­tion has no ex­tern­al aud­it­ors, the board of trust­ees must sub­mit the in­ter­im bal­ance sheet to the su­per­vis­ory au­thor­ity.

2If the ex­tern­al aud­it­ors es­tab­lish that the found­a­tion is over­indebted or will no longer be able to meet its ob­lig­a­tions in the longer term, it must sub­mit the in­ter­im bal­ance sheet to the su­per­vis­ory au­thor­ity.

3The su­per­vis­ory au­thor­ity shall dir­ect the board of trust­ees to take the ne­ces­sary meas­ures. If it fails to do so, the su­per­vis­ory au­thor­ity takes such meas­ures it­self.

4If ne­ces­sary, the su­per­vis­ory au­thor­ity shall take leg­al en­force­ment meas­ures; the pro­vi­sions of com­pany law on com­mence­ment or de­fer­ral of com­puls­ory dis­sol­u­tion ap­ply mu­tatis mutandis.


1 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 84b


1 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions) (AS 2005 4545; BBl 2003 8153 8191). Re­pealed by An­nex No 1 of the FA of 16 Dec. 2005 (Law on lim­ited li­ab­il­ity com­pan­ies and modi­fic­a­tions to the law on com­pan­ies lim­ited by shares, co­oper­at­ives, the com­mer­cial re­gister and com­pany names), with ef­fect from 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

 

Art. 85

D. Modi­fic­a­tion of the found­a­tion

I. Re­or­gan­isa­tion

 

At the re­quest of the su­per­vis­ory au­thor­ity and hav­ing heard the board of trust­ees, the com­pet­ent fed­er­al or can­ton­al au­thor­ity may modi­fy the found­a­tion’s or­gan­isa­tion where such a step is ur­gently re­quired in or­der to pre­serve the found­a­tion’s as­sets or safe­guard the pur­suit of its ob­jects.


1 Amended by No I of the FA of 8 Oct. 2004 (Law on Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 86

II. Amend­ment of ob­jects

1. Re­quest by the su­per­vis­ory au­thor­ity or the board of trust­ees1

 

1At the re­quest of the su­per­vis­ory au­thor­ity or the board of trust­ees, the com­pet­ent fed­er­al or can­ton­al au­thor­ity may amend the ob­jects of the found­a­tion where the ori­gin­al ob­jects have altered in sig­ni­fic­ance or ef­fect to such an ex­tent that the found­a­tion has plainly be­come es­tranged from the founder’s in­ten­tions.2

2Sub­ject to the same re­quire­ments, con­di­tions that are det­ri­ment­al to the ob­jects of the found­a­tion may be re­voked or amended.


1 Amended by No I of the FA of 8 Oct. 2004 (Law of Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
2 Amended by No I of the FA of 8 Oct. 2004 (Law of Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 86a

2. At the founder’s re­quest or in ac­cord­ance with his test­a­ment­ary dis­pos­i­tion

 

1The com­pet­ent fed­er­al or can­ton­al au­thor­ity shall amend the ob­jects of the found­a­tion at the founder’s re­quest or in ac­cord­ance with his or her test­a­ment­ary dis­pos­i­tion, provided that the charter re­serves the right to amend the ob­jects and that at least ten years have elapsed since the found­a­tion was es­tab­lished or since the last amend­ment re­ques­ted by the founder.

2Where the found­a­tion pur­sues pub­lic or char­it­able ob­jects with­in the mean­ing of Art. 56 lit. g of the Fed­er­al Act of 14 Decem­ber 1990 on Dir­ect Fed­er­al Tax­a­tion2, such new ob­jects must like­wise be pub­lic or char­it­able.

3The right to amend a found­a­tion’s ob­jects is neither trans­fer­able nor her­it­able. If the founder is a leg­al en­tity, the right ex­tin­guishes at the latest 20 years after the es­tab­lish­ment of the found­a­tion.

4Joint founders may only jointly re­quest an amend­ment of the found­a­tion’s ob­jects.

5The pro­bate au­thor­ity shall in­form the com­pet­ent au­thor­ity of any test­a­ment­ary dis­pos­i­tion con­cern­ing the amend­ment of the found­a­tion’s ob­jects.


1 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law of Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
2 SR 642.11

Art. 86b

III. Minor amend­ments to the charter

 

Hav­ing heard the board of trust­ees, the su­per­vis­ory au­thor­ity may make minor amend­ments to the found­a­tion charter provided these are ob­ject­ively jus­ti­fied and do not im­pair the rights of any third party.


1 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law of Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 87

E. Fam­ily and ec­cle­si­ast­ic­al found­a­tions

 

1Fam­ily and ec­cle­si­ast­ic­al found­a­tions are not sub­ject to su­per­vi­sion, un­less oth­er­wise provided by pub­lic law.

1bisThey are ex­empt from the duty to ap­point ex­tern­al aud­it­ors.1

2Private law dis­putes are de­cided by the courts.


1 In­ser­ted by No I of the FA of 8 Oct. 2004 (Law of Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 88

F. Dis­sol­u­tion and de­le­tion from the re­gister

I. Dis­sol­u­tion by the com­pet­ent au­thor­ity

 

1The com­pet­ent fed­er­al or can­ton­al au­thor­ity shall dis­solve the found­a­tion on ap­plic­a­tion or of its own ac­cord if:

1.
its ob­jects have be­come un­at­tain­able and the found­a­tion can­not be main­tained by modi­fy­ing its charter; or
2.
its ob­jects have be­come un­law­ful or im­mor­al.

2Fam­ily and ec­cle­si­ast­ic­al found­a­tions shall be dis­solved by court or­der.


1 Amended by No I of the FA of 8 Oct. 2004 (Law of Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 89

II. Right to ap­ply for dis­sol­u­tion, de­le­tion from the re­gister

 

1Any in­ter­ested party may file an ap­plic­a­tion or bring an ac­tion for the dis­sol­u­tion of a found­a­tion.

2Dis­sol­u­tion must be re­por­ted to the com­mer­cial re­gis­trar so that the entry may be de­leted.


1 Amended by No I of the FA of 8 Oct. 2004 (Law of Found­a­tions), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).

Art. 89a

G. Em­ploy­ee be­ne­fits schemes2

 

1The fol­low­ing ad­di­tion­al pro­vi­sions ap­ply to em­ploy­ee be­ne­fits schemes es­tab­lished in ac­cord­ance with Art. 331 of the Code of Ob­lig­a­tions3 in the form of a found­a­tion.4

2The found­a­tion’s gov­ern­ing bod­ies must fur­nish the be­ne­fi­ciar­ies with the ne­ces­sary in­form­a­tion con­cern­ing the found­a­tion’s or­gan­isa­tion, activ­it­ies and as­sets.

3If em­ploy­ees pay con­tri­bu­tions in­to the be­ne­fits scheme, they are en­titled to par­ti­cip­ate in its ad­min­is­tra­tion at least in pro­por­tion to their con­tri­bu­tions; wherever pos­sible, the em­ploy­ees must elect their rep­res­ent­at­ive from among their em­ploy­er’s per­son­nel.5

4...6

5The be­ne­fi­ciar­ies may sue the found­a­tion for the dis­tri­bu­tion of be­ne­fits if they have paid con­tri­bu­tions in­to it or if ac­cord­ing to the found­a­tion’s reg­u­la­tions they have a leg­al en­ti­tle­ment to such be­ne­fits.

6For em­ploy­ee be­ne­fits schemes provid­ing old age, sur­viv­ors’ and in­valid­ity pen­sions which are sub­ject to the Ves­ted Be­ne­fits Act of 17 Decem­ber 19937 (VBA), the pro­vi­sions of the Fed­er­al Act of 25 June 1982 on Oc­cu­pa­tion­al Old Age, Sur­viv­ors’ and In­valid­ity Pen­sion Pro­vi­sion (OPA)8 on the fol­low­ing mat­ters ap­ply:9

1.10
the defin­i­tion and prin­ciples of oc­cu­pa­tion­al pen­sion ar­range­ments and the in­sur­able salary or in­come (Art. 1, 33a and 33b);
2.11
the re­quire­ment of be­ing sub­ject to OASI (Art. 5 para. 1);
3.
the be­ne­fi­ciar­ies in the case of sur­viv­ors’ be­ne­fits (Art. 20a);
3a.12
the ad­just­ment of the in­valid­ity pen­sion fol­low­ing the equit­able di­vi­sion of oc­cu­pa­tion­al pen­sions (Art. 24 para. 5);
3b.13
the pro­vi­sion­al con­tinu­ation of in­sur­ance and of the en­ti­tle­ment to be­ne­fits on the re­duc­tion or ter­min­a­tion of the in­valid­ity pen­sion (Art. 26a);
4.14
the ad­just­ment of plan be­ne­fits to in­fla­tion (Art. 36 para. 2–4);
4a.15 the agree­ment on a lump sum pay­ment (Art. 37a);
5.
the pre­scrip­tion of claims and the safe­keep­ing of in­sur­ance doc­u­ments (Art. 41);
5a.16
the use, pro­cessing and dis­clos­ure of the OASI num­ber for the Old Age and Sur­viv­ors’ In­sur­ance (Art. 48 para. 4, Art. 85a lit. f and Art. 86a para. 2 lit. bbis);
6.
li­ab­il­ity (Art. 52);
7.17
the li­cens­ing and du­ties of the su­per­vis­ory bod­ies (Art. 52a–52e);
8.18
the in­teg­rity and loy­alty of the per­sons re­spons­ible, trans­ac­tions with close as­so­ci­ates and con­flicts of in­terest (Art. 51b, 51c and 53a);
9.
par­tial or total li­quid­a­tion (Art. 53b–53d);
10.19
ter­min­a­tion of con­tracts (Art. 53e);
11.
the guar­an­tee fund (Art. 56 para. 1 lit. c and para. 2–5, Art. 56a, 57 and 59);
12.20
su­per­vi­sion and over­sight (Art. 61–62a and 64–64c);
13.21
...
14.22
fin­an­cial se­cur­ity (Art. 65 para. 1, 3 and 4, Art. 66 para. 4, Art. 67 and Art. 72a–72g);
15.
trans­par­ency (Art. 65a);
16.
re­serves (Art. 65b);
17.
in­sur­ance con­tracts between oc­cu­pa­tion­al be­ne­fits schemes and in­sur­ance in­sti­tu­tions (Art. 68 para. 3 and 4);
18.
as­set man­age­ment (Art. 71);
19.
leg­al re­course (Art. 73 and 74);
20.
crim­in­al pro­vi­sions (Art. 75–79);
21.
buy-in (Art. 79b);
22.
in­sur­able salary and in­come (Art. 79c);
23.
pro­vi­sion of in­form­a­tion to in­sured per­sons (Art. 86b).23

7For em­ploy­ee be­ne­fits schemes provid­ing old age, sur­viv­ors’ and in­valid­ity pen­sions but which are not sub­ject to the VBA, such as em­ploy­er-sponsored wel­fare funds with dis­cre­tion­ary be­ne­fits and fin­an­cing found­a­tions, only the fol­low­ing pro­vi­sions of the OPA ap­ply:

1.
the re­quire­ment of be­ing sub­ject to OASI (Art. 5 para. 1);
2.
the use, pro­cessing and dis­clos­ure of the OASI num­ber (Art. 48 para. 4, 85a let. f and 86a para. 2 let. bbis);
3.
li­ab­il­ity (Art. 52);
4.
the li­cens­ing and du­ties of the aud­it­ors (Art. 52a, 52b and 52c para. 1 let. a–d and g, 2 and 3);
5.
the in­teg­rity and loy­alty of the per­sons re­spons­ible, trans­ac­tions with close as­so­ci­ates and con­flicts of in­terest (Art. 51b, 51c and 53a);
6.
total li­quid­a­tion (Art. 53c);
7.
su­per­vi­sion and over­sight (Art. 61–62a and 64–64b);
8.
leg­al re­course (Art. 73 and 74);
9.
crim­in­al pro­vi­sions (Art. 75–79);
10.
tax treat­ment (Art. 80, 81 para. 1 and 83).24

8For em­ploy­ee be­ne­fits schemes un­der para­graph 7, the fol­low­ing pro­vi­sions also ap­ply:

1.
they man­age their as­sets so that se­cur­ity, an ad­equate yield on in­vest­ments and the re­quired li­quid­ity for their tasks are guar­an­teed.
2.
the su­per­vis­ory au­thor­ity shall rule on par­tial li­quid­a­tion mat­ters re­lated to em­ploy­er-sponsored wel­fare funds with dis­cre­tion­ary be­ne­fits at the re­quest of the found­a­tion board.
3.
they shall re­spect the prin­ciples of equal treat­ment and fair­ness mu­tatis mutandis.25

1 In­ser­ted by No II of the FA of 21 March 1958, in force since 1 Ju­ly 1958 (AS 1958 379; BBl 1956 II 825). Ori­gin­ally Art. 89bis, un­til the entry in­to force of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2 Amended by No II Art. 2 No 1 of the FA of 25 June 1971, in force since 1 Jan. 1972 (AS 1971 1465; BBl 1967 II 241).
3 SR 220
4 Amended by No II Art. 2 No 1 of the FA of 25 June 1971, in force since 1 Jan. 1972 (AS 1971 1465; BBl 1967 II 241).
5 Amended by No II Art. 2 No 1 of the FA of 25 June 1971, in force since 1 Jan. 1972 (AS 1971 1465; BBl 1967 II 241).
6 Re­pealed by No III of the FA of 21 June 1996, with ef­fect from 1 Jan. 1997 (AS 1996 3067; BBl 1996 I 564 580).
7 SR 831.42
8 SR 831.40
9 Amended by No I of the FA of 25 Sept. 2015 (Em­ploy­ee Be­ne­fits Schemes), in force since 1 April 2016 (AS 2016 935; BBl 2014 6143 6649).
10 Amended by No II 1 of the FA of 11 Dec. 2009 (Meas­ures to Fa­cil­it­ate the Em­ploy­ment of Older Per­sons), in force since 1 Jan. 2011 (AS 2010 4427; BBl 2007 5669).
11 Amended by No I of the FA of 25 Sept. 2015 (Em­ploy­ee Be­ne­fits Schemes), in force since 1 April 2016 (AS 2016 935; BBl 2014 6143 6649).
12 In­ser­ted by An­nex No 2 of the FA of 18 March 2011 (6th InvI Re­vi­sion, first set of meas­ures) (AS 2011 5659; BBl 2010 1817). Amended by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
13 In­ser­ted by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
14 Amended by An­nex No 1 of the FA of 18 June 2004, in force since 1 Jan. 2005 (AS 2004 4635; BBl 2003 6399).
15 In­ser­ted by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
16 In­ser­ted by An­nex No 1 of the FA of 23 June 2006 (New OASI In­sur­ance Num­ber), in force since 1 Dec. 2007 (AS 2007 5259; BBl 2006 501).
17 Amended by No II 1 of the FA of 19 March 2010 (OPA Struc­tur­al Re­form), in force since 1 Jan. 2012 (AS 2011 3393; BBl 2007 5669).
18 Amended by No II 1 of the FA of 19 March 2010 (OPA Struc­tur­al Re­form), in force since 1 Jan. 2012 (AS 2011 3393; BBl 2007 5669).
19 Amended by No II of the FA of 20 Dec. 2006 (Change of Em­ploy­ee Be­ne­fits Scheme), in force since 1 May 2007 (AS 2007 1803 1805; BBl 2005 5941 5953).
20 Amended by No II 1 of the FA of 19 March 2010 (OPA Struc­tur­al Re­form), in force since 1 Jan. 2012 (AS 2011 3393; BBl 2007 5669).
21 Re­pealed by No. II 1 of the FA of 19 March 2010 (OPA Struc­tur­al Re­form), with ef­fect from 1 Jan. 2012 (AS 2011 3393; BBl 2007 5669).
22 Amended by No II 1 of the FA of 17 Dec. 2010 (Fund­ing of be­ne­fits schemes for pub­lic cor­por­a­tions), in force since 1 Jan. 2012 (AS 2011 3385; BBl 2008 8411).
23 In­ser­ted by An­nex No 1 of the FA of 25 June 1982 on Old Age, Sur­viv­ors’ and Dis­ab­il­ity In­sur­ance (AS 1983 797; BBl 1976 I 149). Amended by An­nex No 1 of the FA of 3 Oct. 2003 (1st re­vi­sion of OPA), No. 6, 7, 10-12, 14 (with the ex­cep­tion of Art. 66 para. 4), 15, 17-20 and 23 in force since 1 April 2004, No. 3-5, 8, 9, 13, 14 (Art. 66 para. 4) and 16 in force since 1 Jan. 2005, No. 1, 21 and 22 in force since 1 Jan. 2006 (AS 2004 1677; BBl 2000 2637).
24 In­ser­ted by No I of the FA of 25 Sept. 2015 (Em­ploy­ee Be­ne­fits Schemes), in force since 1 April 2016 (AS 2016 935; BBl 2014 6143 6649).
25 In­ser­ted by No I of the FA of 25 Sept. 2015 (Em­ploy­ee Be­ne­fits Schemes), in force since 1 April 2016 (AS 2016 935; BBl 2014 6143 6649).

Title Two : Collective Assets

Art. 89b

A. No man­age­ment

 

1In the case of a pub­lic col­lec­tion for char­it­able pur­poses, if no ar­range­ments have been made for the man­age­ment or use of the col­lect­ive as­sets, the com­pet­ent au­thor­ity shall take the re­quired meas­ures.

2It may ap­point an ad­min­is­trat­or for the col­lect­ive as­sets or al­loc­ate the as­sets to an as­so­ci­ation or a found­a­tion with ob­jects that are as sim­il­ar as pos­sible.

3The ad­min­is­trat­or is sub­ject, mu­tatis mutandis, to the reg­u­la­tions on deputy­ships in con­text of adult pro­tec­tion.

Art. 89c

 

B. Jur­is­dic­tion

1The can­ton in which the main part of the col­lect­ive is man­aged has jur­is­dic­tion.

2Un­less the can­ton provides oth­er­wise, the au­thor­ity that su­per­vises the found­a­tions has jur­is­dic­tion.

Part Two: Family Law

Division One: Marital Law

Title Three: Marriage

Chapter One: Engagement

Art. 90

A. Be­troth­al

 

1En­gage­ment is con­sti­tuted by mu­tu­al prom­ises to marry.

2Minors in­cur no ob­lig­a­tion through be­troth­al without the con­sent of their leg­al rep­res­ent­at­ive.1

3En­gage­ment does not give rise to any ac­tion­able ob­lig­a­tion to marry.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 91

B. End­ing the en­gage­ment

I. Gifts

 

1If the en­gage­ment is ended, the en­gaged parties may de­mand the re­turn of gifts made to each oth­er, with the ex­cep­tion of the usu­al oc­ca­sion­al gifts, un­less the en­gage­ment has ended as a res­ult of death.

2Where such gifts are no longer at hand, resti­tu­tion is sub­ject to the pro­vi­sions gov­ern­ing un­just en­rich­ment.

Art. 92

II. Duty to con­trib­ute

 

If one of the en­gaged couple has in good faith in­curred ex­pense in an­ti­cip­a­tion of the mar­riage ce­re­mony and the en­gage­ment is then ended, that party may claim a reas­on­able con­tri­bu­tion from the oth­er where this is not in­equit­able in the over­all cir­cum­stances.

Art. 93

III. Pre­scrip­tion

 

Claims arising from the en­gage­ment pre­scribe one year from the end­ing of the en­gage­ment.

Chapter Two: Requirements for Marriage

Art. 94

A. Ca­pa­city to marry

 

1To be able to marry, the pro­spect­ive spouses must have reached 18 years of age and have the ca­pa­city of judge­ment.

2...1


1 Re­pealed by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), with ef­fect from 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 95

B. Im­ped­i­ments

I. Kin­ship1

 

1Mar­riage between lin­eal re­l­at­ives and between sib­lings or half-sib­lings, wheth­er re­lated to each oth­er by par­ent­age or ad­op­tion, is pro­hib­ited.2

2 Ad­op­tion does not re­move the im­ped­i­ment to mar­riage con­sti­tuted by kin­ship between the ad­op­ted child and his is­sue on the one hand and his ad­opt­ive fam­ily on the oth­er.


1 Amended by An­nex No. 8 of the Civil Part­ner­ships Act of 18 June 2004, in force since 1 Jan. 2006 (AS 2005 5685; BBl 2003 1288).
2 Amended by An­nex No. 8 of the Civil Part­ner­ships Act of 18 June 2004, in force since 1 Jan. 2006 (AS 2005 5685; BBl 2003 1288).

Art. 96

II. Pre­vi­ous mar­riage

 

A per­son wish­ing to re­marry must prove that any pre­vi­ous mar­riage has been an­nulled or dis­solved.

Chapter Three: Preparation and Wedding Ceremony

Art. 97

A. Gen­er­al prin­ciples

 

1The wed­ding ce­re­mony takes place in the pres­ence of the civil re­gis­trar after the pre­par­at­ory pro­ced­ure has been taken.

2The en­gaged couple may marry in the civil re­gister dis­trict of their choice.

3No re­li­gious wed­ding ce­re­mony is per­mit­ted pri­or to the civil ce­re­mony.

Art. 97a

Abis. Cir­cum­ven­tion of the le­gis­la­tion on for­eign na­tion­als

 

1The civil re­gis­trar shall not con­sider a re­quest for mar­riage if the bride or groom clearly has no in­ten­tion of liv­ing to­geth­er but wishes to cir­cum­vent the pro­vi­sions on the ad­mis­sion and res­id­ence of for­eign na­tion­als.

2The civil re­gis­trar shall grant a hear­ing to the pro­spect­ive spouses and may ob­tain in­form­a­tion from oth­er au­thor­it­ies or third parties.


1 In­ser­ted by An­nex No II 4 of the FA of 16 Dec. 2005 on For­eign Na­tion­als, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).

Art. 98

B. Pre­par­at­ory pro­ced­ure

I. Re­quest

 

1The pre­par­at­ory pro­ced­ure is car­ried out at the civil re­gister of­fice at the dom­i­cile of the bride or groom at their re­quest.

2They must ap­pear in per­son. If they may show that they clearly can­not be re­quired to do so, the pre­par­at­ory pro­ced­ure may be car­ried out in writ­ing.

3 They must fur­nish doc­u­ment­ary proof of iden­tity and per­son­ally de­clare at the civil re­gister of­fice that they sat­is­fy the leg­al re­quire­ments for mar­riage; they must also pro­duce any ne­ces­sary con­sent.

4En­gaged couples who are not Swiss cit­izens must prove dur­ing the pre­par­at­ory pro­ced­ure that they are law­fully res­id­ent in Switzer­land.1


1 In­ser­ted by No I of the FA of 12 June 2009 (Pre­ven­tion of Mar­riages in the event of Un­law­ful Res­id­ence), in force since 1 Jan. 2011 (AS 2010 3057; BBl 2008 2467 2481).

Art. 99

II. Con­duct and com­ple­tion of the pre­par­at­ory pro­ced­ure

 

1The civil re­gister of­fice veri­fies that:

1.
the re­quest has been duly sub­mit­ted;
2.
the iden­tity of the en­gaged couple has been es­tab­lished; and
3.1
the re­quire­ments for mar­riage are sat­is­fied, and in par­tic­u­lar wheth­er there are any cir­cum­stances that sug­gest that the re­quest clearly does not re­flect the free will of the en­gaged couple.

2Provided these re­quire­ments are ful­filled, the civil re­gister of­fice shall in­form the be­trothed parties that the pre­par­at­ory pro­ced­ure has been com­pleted and of the leg­ally pre­scribed time lim­its for hold­ing the wed­ding ce­re­mony.2

3After con­sult­ing the en­gaged couple and in con­form­ity with can­ton­al reg­u­la­tions, the civil re­gister of­fice sets the date of the wed­ding ce­re­mony or, upon re­quest, au­thor­ises that it may be con­duc­ted in an­oth­er civil re­gister dis­trict.

4The civil re­gister of­fice must in­form the com­pet­ent au­thor­ity of the iden­tity of any en­gaged couple who have not proven that they are law­fully res­id­ent in Switzer­land.3


1 Amended by No I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).
2 Amended by No I of the FA of 28 Sept. 2018, in force since 1 Jan. 2020 (AS 2019 3813; BBl 2017 6769).
3 In­ser­ted by No I of the FA of 12 June 2009 (Pre­ven­tion of Mar­riages in the event of Un­law­ful Res­id­ence), in force since 1 Jan. 2011 (AS 2010 3057; BBl 2008 2467 2481).

Art. 100

III. Time lim­its

 

The wed­ding ce­re­mony may take place with­in three months fol­low­ing no­ti­fic­a­tion of com­ple­tion of the pre­par­at­ory pro­ced­ure.


1 Amended by No I of the FA of 28 Sept. 2018, in force since 1 Jan. 2020 (AS 2019 3813; BBl 2017 6769).

Art. 101

C. Wed­ding ce­re­mony

I. Ven­ue

 

1The wed­ding ce­re­mony takes place at the wed­ding ven­ue of the civil re­gister dis­trict chosen by the en­gaged couple.

2Where the pre­par­at­ory pro­ced­ure was con­duc­ted in a dif­fer­ent civil re­gister dis­trict, the en­gaged couple must pro­duce a mar­riage li­cence.

3If the en­gaged couple show that they can­not reas­on­ably be re­quired to ap­pear at the of­fi­cial ven­ue, the wed­ding may take place at an­oth­er loc­a­tion.

Art. 102

II. Form

 

1A wed­ding is a pub­lic ce­re­mony that takes place in the pres­ence of two adult wit­nesses who are cap­able of judge­ment.1

2The civil re­gis­trar asks the bride and groom in­di­vidu­ally wheth­er each wishes to marry the oth­er.

3If both an­swer in the af­firm­at­ive, they are pro­nounced mar­ried by mu­tu­al con­sent.


1 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 103

D. Im­ple­ment­ing pro­vi­sions

 

The Fed­er­al Coun­cil and, with­in the scope of their powers, the can­tons shall en­act the ne­ces­sary im­ple­ment­ing pro­vi­sions.

Chapter Four: Annulment of Marriage

Art. 104

A. Gen­er­al prin­ciple

 

A mar­riage con­trac­ted be­fore a civil re­gis­trar may be an­nulled only on one of the grounds provided in this chapter.

Art. 105

B. An­nul­ment not sub­ject to a time lim­it

I. Grounds

 

Grounds for an­nul­ment are:

1.
that one of the spouses1 was already mar­ried at the time of the wed­ding and the pre­vi­ous mar­riage had not been dis­solved by di­vorce or by the death of the pre­vi­ous spouse;
2.
that one of the spouses lacked ca­pa­city of judge­ment at the time of the wed­ding and has not re­gained such ca­pa­city since;
3.2
that the mar­riage was pro­hib­ited due to kin­ship;
4.3
one of the spouses has no in­ten­tion of liv­ing with the oth­er, but wishes to cir­cum­vent the pro­vi­sions on the ad­mis­sion and res­id­ence of for­eign na­tion­als;
5.4
a spouse has not mar­ried of his or her own free will;
6.5
one of the spouses is a minor, un­less the con­tinu­ation of the mar­riage is in the over­rid­ing in­terest of this spouse.

1 Foot­note rel­ev­ant to Ger­man text only.
2 Amended by No. 8 of the Civil Part­ner­ships Act of 18 June 2004, in force since 1 Jan. 2006 (AS 2005 5685; BBl 2003 1288).
3 In­ser­ted by An­nex No II 4 of the FA of 16 Dec. 2005 on For­eign Na­tion­als, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).
4 In­ser­ted by No. I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).
5 In­ser­ted by No. I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).

Art. 106

II. Ac­tion for an­nul­ment

 

1An ac­tion for an­nul­ment is brought ex of­fi­cio by the com­pet­ent can­ton­al au­thor­ity at the dom­i­cile of the spouses; in ad­di­tion, any in­ter­ested party is en­titled to bring such ac­tion. Provided this is com­pat­ible with their du­ties, the fed­er­al and can­ton­al au­thor­it­ies shall con­tact the au­thor­ity com­pet­ent for the ac­tion if they have reas­on to be­lieve that there are grounds for an­nul­ment.1

2If the mar­riage has been oth­er­wise dis­solved, the au­thor­ity may no longer seek an an­nul­ment ex of­fi­cio; however, any in­ter­ested party may seek a de­clar­a­tion of an­nul­ment.

3An ac­tion for an­nul­ment may be brought at any time.


1 Last sen­tence in­ser­ted by No I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).

Art. 107

C. An­nul­ment sub­ject to a time lim­it

I. Grounds

 

A spouse may seek a de­clar­a­tion of an­nul­ment if he or she:

1.
tem­por­ar­ily lacked ca­pa­city of judge­ment at the time of the wed­ding;
2.
mar­ried in er­ror, wheth­er be­cause he or she did not wish to marry at all or did not wish to marry the oth­er per­son;
3.
con­trac­ted the mar­riage be­cause he or she was in­ten­tion­ally de­ceived with re­gard to es­sen­tial per­son­al at­trib­utes of the oth­er spouse;
4.1
...

1 Re­pealed by No I 3 of the FA of 15 June 2012 on Meas­ures against Forced— Mar­riages, with ef­fect from 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).

Art. 108

II. Ac­tion for an­nul­ment

 

1An ac­tion for an­nul­ment must be brought with­in six months of learn­ing of the grounds for an­nul­ment or of the date on which the threat ceased, but in any event with­in five years of the wed­ding.

2The right to bring an ac­tion for an­nul­ment does not pass to heirs; however, an heir may con­tin­ue an ac­tion already brought.

Art. 109

D. Ef­fects of judg­ment

 

1A mar­riage does not be­come in­val­id un­til a court has de­clared it an­nulled; pri­or to such judg­ment it has all the ef­fects of a val­id mar­riage with the ex­cep­tion of claims un­der in­her­it­ance law, which in any event the sur­viv­ing spouse loses.

2The pro­vi­sions gov­ern­ing di­vorce ap­ply mu­tatis mutandis to the ef­fects of a court de­clar­a­tion of an­nul­ment on the spouses and their chil­dren.

3The pre­sump­tion of pa­tern­ity in fa­vour of the hus­band does not ap­ply if the mar­riage is an­nulled be­cause it served to cir­cum­vent the pro­vi­sions on the ad­mis­sion and res­id­ence of for­eign na­tion­als.1


1 In­ser­ted by An­nex No II 4 of the FA of 16 Dec. 2005 on For­eign Na­tion­als, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).

Art. 110


1 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

 

Title Four: Divorce and Separation

Chapter One: Requirements for Divorce

Art. 111

A. Di­vorce by joint re­quest

I. Com­pre­hens­ive agree­ment

 

1Where the spouses jointly re­quest di­vorce and sub­mit a com­pre­hens­ive agree­ment on the con­sequences of the di­vorce along with any ne­ces­sary doc­u­ments and with joint ap­plic­a­tions in re­spect of the chil­dren, the court shall hear the spouses both sep­ar­ately and to­geth­er. The hear­ing may com­prise two or more ses­sions.

2If the court is per­suaded that de­sire for di­vorce and the agree­ment are the product of free will and care­ful re­flec­tion and that the agree­ment with the ap­plic­a­tions in re­spect of the chil­dren may be ap­proved, the court shall is­sue the di­vorce de­cree.


1 Amended by No I of the FA of 25 Sept. 2009 (Re­flec­tion Peri­od in Di­vorce Pro­ceed­ings by joint Ap­plic­a­tion), in force since 1 Feb. 2010 (AS 2010 281; BBl 2008 1959 1975).

Art. 112

II. Par­tial agree­ment

 

1The spouses may jointly re­quest di­vorce and ask the court to de­cide mat­ters on which they can­not reach agree­ment.

2As in the case of com­pre­hens­ive agree­ment, the court shall hear the parties on those con­sequences of the di­vorce on which they have reached agree­ment and on their re­quest that the re­main­ing con­sequences be de­cided by the court.

3...1


1 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

Art. 113


1 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

 

Art. 114

B. Di­vorce at the pe­ti­tion of one spouse

I. After liv­ing apart

 

A spouse may pe­ti­tion for di­vorce if, at the time the pe­ti­tion is filed or at the time the di­vorce re­quest is re­placed by a di­vorce pe­ti­tion, the spouses have lived apart for at least two years.


1 Amended by No I of the FA of 19 Dec. 2003 (Sep­ar­a­tion Peri­od in Di­vorce Law), in force since 1 June 2004 (AS 2004 2161; BBl 2003 3927 5825).

Art. 115

II. Ir­re­triev­able break­down

 

Pri­or to the ex­piry of the two-year peri­od, a spouse may pe­ti­tion for di­vorce if the mar­riage has ir­re­triev­ably broken down for com­pel­ling reas­ons for which he or she is not re­spons­ible.


1 Amended by No I of the FA of 19 Dec. 2003 (Sep­ar­a­tion Peri­od in Di­vorce Law), in force since 1 June 2004 (AS 2004 2161; BBl 2003 3927 5825).

Art. 116


1 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

 

Chapter Two: Separation

Art. 117

A. Re­quire­ments and pro­ced­ure

 

1Spouses may pe­ti­tion for a sep­ar­a­tion de­cree sub­ject to the same re­quire­ments as ap­ply to di­vorce.

2...1

3The right to pe­ti­tion for di­vorce is un­af­fected by the sep­ar­a­tion de­cree.


1 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

Art. 118

B. Ef­fects of sep­ar­a­tion

 

1By op­er­a­tion of the law, the sep­ar­a­tion de­cree im­ple­ments the mar­it­al prop­erty sep­ar­a­tion of prop­erty re­gime.

2Oth­er­wise, the pro­vi­sions gov­ern­ing meas­ures for the pro­tec­tion of the mar­it­al uni­on ap­ply mu­tatis mutandis.

Chapter Three: Consequences of Divorce

Art. 119

A. Civil status of di­vorced spouses

 

1A spouse who has changed his or her sur­name on mar­riage re­tains that sur­name fol­low­ing di­vorce; he or she may at any time de­clare be­fore the civil re­gis­trar the wish to re­vert to the name by which he or she was known pri­or to the mar­riage.


1 Amended by No I of the FA of 30 Sept. 2011 (Name and Cit­izen­ship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).

Art. 120

B. Mar­it­al prop­erty law and in­her­it­ance law

 

1The pro­vi­sions of mar­it­al prop­erty law ap­ply to the di­vi­sion of mar­it­al prop­erty.

2Di­vorced spouses have no rights of in­her­it­ance in re­la­tion to each oth­er and may not make claims based on test­a­ment­ary dis­pos­i­tions made be­fore their di­vorce pro­ceed­ings were made pending.

Art. 121

C. Fam­ily home

 

1If a spouse must re­main in the fam­ily home be­cause of the chil­dren or for oth­er com­pel­ling reas­ons, the court may trans­fer the rights and ob­lig­a­tions un­der the ten­ancy agree­ment to that spouse provided this is not in­equit­able for the oth­er.

2The pre­vi­ous ten­ant is jointly and sev­er­ally li­able for pay­ment of the rent up to the date on which the ten­ancy ends or may be ter­min­ated pur­su­ant to the ten­ancy agree­ment or by law, but for a max­im­um peri­od of two years; if an ac­tion is brought to re­cov­er rent due, he or she is en­titled to set off the amount paid in in­stal­ments equal to the amount of the monthly rent against any main­ten­ance pay­ments owed to the oth­er spouse.

3If the home be­longs to the fam­ily of one of the spouses, the court may, on the same con­di­tions, grant the oth­er spouse a right of res­id­ence for a fixed term in re­turn for reas­on­able com­pens­a­tion or set-off against main­ten­ance pay­ments. Where new and com­pel­ling reas­ons so re­quire, such right of res­id­ence may be re­stric­ted or re­voked.

Art. 122

D. Oc­cu­pa­tion­al pen­sions

I. Prin­ciple

 

In the event of di­vorce, any oc­cu­pa­tion­al pen­sion as­sets ac­crued dur­ing the mar­riage up to the point at which di­vorce pro­ceed­ings com­mence are di­vided equit­ably.


1 Amended by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).

Art. 123

II. Equit­able di­vi­sion of ter­min­a­tion be­ne­fits

 

1Ter­min­a­tion be­ne­fits in­clud­ing ves­ted be­ne­fits and early with­draw­als for pur­chas­ing own­er-oc­cu­pied prop­erty are di­vided equally.

2Para­graph 1 does not ap­ply to one-off con­tri­bu­tions from in­di­vidu­al prop­erty in ac­cord­ance with the law.

3The ter­min­a­tion be­ne­fits to be di­vided are cal­cu­lated on the basis of Art­icles 15–17 and 22a or 22b of the Ves­ted Be­ne­fits Act of 17 Decem­ber 19932.


1 Amended by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
2 SR 831.42

Art. 124

III. Equit­able di­vi­sion of in­valid­ity pen­sion pri­or to stat­utory re­tire­ment age

 

1If, at the point at which di­vorce pro­ceed­ings com­mence, a spouse is draw­ing an in­valid­ity pen­sion pri­or to the stat­utory re­tire­ment age, the amount to which he or she would be en­titled un­der Art­icle 2 para­graph 1ter of the Ves­ted Be­ne­fits Act of 17 Decem­ber 19932 fol­low­ing can­cel­la­tion of the in­valid­ity pen­sion counts as the ter­min­a­tion be­ne­fits.

2The pro­vi­sions on the equit­able di­vi­sion of ter­min­a­tion be­ne­fits ap­ply mu­tatis mutandis.

3The Fed­er­al Coun­cil de­term­ines in which cases the amount un­der para­graph 1 may not be ap­plied in the di­vi­sion be­cause there has been a re­duc­tion due to over-com­pens­a­tion.


1 Amended by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
2 SR 831.42

Art. 124a

IV. Equit­able di­vi­sion in the case of in­valid­ity pen­sions after stat­utory re­tire­ment age and in the case of re­tire­ment pen­sions

 

1If, at the point at which di­vorce pro­ceed­ings com­mence, a spouse is draw­ing an in­valid­ity pen­sion after the stat­utory re­tire­ment age or draw­ing a re­tire­ment pen­sion, the court de­cides at its own dis­cre­tion how the pen­sion is to be di­vided. In do­ing so it primar­ily takes in­to ac­count the dur­a­tion of the mar­riage and the pen­sion re­quire­ments of each spouse.

2The share of the pen­sion awar­ded to the spouse en­titled thereto is con­ver­ted in­to a life-long pen­sion. This is paid to the en­titled spouse by the li­able spouse’s oc­cu­pa­tion­al pen­sion fund or is trans­ferred to the en­titled spouse’s own oc­cu­pa­tion­al pen­sion fund.

3The Fed­er­al Coun­cil reg­u­lates:

1.
the ac­tu­ar­ial con­ver­sion of the share of the pen­sion in­to a life-long pen­sion;
2.
the pro­ced­ure in cases in which the re­tire­ment be­ne­fits are post­poned or the in­valid­ity pen­sion is re­duced due to over-com­pens­a­tion.

1 In­ser­ted by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).

Art. 124b

V. Ex­cep­tions

 

1The spouses may, in an agree­ment on the con­sequences of the di­vorce, agree not to di­vide the as­sets equally or not to di­vide them at all if there are suf­fi­cient re­tire­ment pen­sion and in­valid­ity pen­sion funds oth­er­wise.

2The court may award the en­titled spouse less than half of the ter­min­a­tion be­ne­fits or rule that they should not be di­vided if good cause ex­ists. Good cause ex­ists above all when equal di­vi­sion would be un­reas­on­able:

1.
in view of the di­vi­sion of mar­it­al prop­erty or the eco­nom­ic cir­cum­stances fol­low­ing di­vorce;
2.
in view of the pen­sion re­quire­ments, in par­tic­u­lar with re­gard to the dif­fer­ence in age between the spouses.

3The court may award the en­titled spouse more than half of the ter­min­a­tion be­ne­fits if he or she cares for joint chil­dren fol­low­ing the di­vorce and the li­able spouse con­tin­ues to have suf­fi­cient re­tire­ment and in­valid­ity pen­sion as­sets.


1 In­ser­ted by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).

Art. 124c

VI. Off­set of mu­tu­al en­ti­tle­ments

 

1 The spouses’ mu­tu­al en­ti­tle­ments to ter­min­a­tion be­ne­fits or a share of a pen­sion are off­set. The pen­sion en­ti­tle­ment is off­set be­fore the share of the pen­sion awar­ded to the en­titled spouse is con­ver­ted in­to a life-long pen­sion.

2Ter­min­a­tion be­ne­fits may only be off­set against a share of a pen­sion if the spouses and the oc­cu­pa­tion­al pen­sion in­sti­tu­tions agree.


1 In­ser­ted by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).

Art. 124d

VII. Un­reas­on­able­ness

 

If, hav­ing con­sidered the pen­sion re­quire­ments of both spouses, an equit­able di­vi­sion of oc­cu­pa­tion­al pen­sion as­sets is un­reas­on­able, the li­able spouse shall owe the en­titled spouse a lump sum pay­ment.


1 In­ser­ted by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).

Art. 124e

VIII. Im­possib­il­ity

 

1 If the equit­able di­vi­sion of pen­sion fund as­sets is not pos­sible, the li­able spouse shall owe the en­titled spouse ad­equate com­pens­a­tion in the form of a lump sum pay­ment or as a pen­sion.

2A Swiss judg­ment may be amended at the re­quest of the li­able spouse if pen­sion en­ti­tle­ments ex­ist­ing abroad have been off­set by ad­equate com­pens­a­tion pur­su­ant to para­graph 1 and such pen­sion en­ti­tle­ments are then di­vided up in a for­eign de­cision that is bind­ing on the for­eign party li­able to pay pen­sion con­tri­bu­tions.


1 In­ser­ted by No I of the FA of 19 June 2015 (Equit­able Di­vi­sion of Pen­sions on Di­vorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).

Art. 125

E. Post-mar­it­al main­ten­ance

I. Re­quire­ments

 

1If a spouse can­not reas­on­ably be ex­pec­ted to provide for his or her own main­ten­ance, in­clud­ing an ap­pro­pri­ate level of re­tire­ment pro­vi­sion, the oth­er spouse must pay a suit­able con­tri­bu­tion.

2In de­cid­ing wheth­er such a con­tri­bu­tion is to be made and, if so, in what amount and for how long, the fol­low­ing factors in par­tic­u­lar must be con­sidered:

1.
the di­vi­sion of du­ties dur­ing the mar­riage;
2.
the dur­a­tion of the mar­riage;
3.
the stand­ard of liv­ing dur­ing the mar­riage;
4.
the age and health of the spouses;
5.
the in­come and as­sets of the spouses;
6.
the ex­tent and dur­a­tion of child care still re­quired of the spouses;
7.
the vo­ca­tion­al train­ing and ca­reer pro­spects of the spouses and the likely cost of re­in­teg­ra­tion in­to work­ing life;
8.
ex­pect­ancy of fed­er­al old age and sur­viv­or’s in­sur­ance be­ne­fits and of oc­cu­pa­tion­al or oth­er private or state pen­sions, in­clud­ing the ex­pec­ted pro­ceeds of any di­vi­sion of with­draw­al be­ne­fits.

3Ex­cep­tion­ally, a main­ten­ance con­tri­bu­tion may be denied or re­duced if it would clearly be in­equit­able, par­tic­u­larly be­cause the spouse oth­er­wise en­titled to re­ceive such con­tri­bu­tion:

1.
has grossly neg­lected his or her duty to con­trib­ute to the main­ten­ance of the fam­ily;
2.
has wil­fully brought about his or her own in­di­gence;
3.
has com­mit­ted a ser­i­ous crim­in­al of­fence against the oth­er spouse or a per­son close to him or her.

Art. 126

II. Mod­al­it­ies of main­ten­ance con­tri­bu­tions

 

1The court shall fix an amount to be paid peri­od­ic­ally by way of main­ten­ance con­tri­bu­tion and set the date on which the duty of main­ten­ance com­mences.

2Where jus­ti­fied in spe­cif­ic cir­cum­stances, a lump sum set­tle­ment may be ordered in­stead of reg­u­lar pay­ments.

3The court may at­tach con­di­tions to the main­ten­ance con­tri­bu­tion.

Art. 127

III. Reg­u­lar pay­ments

1. Spe­cial terms

 

The spouses may wholly or in part ex­clude any al­ter­a­tion of the reg­u­lar main­ten­ance pay­ments stip­u­lated in the agree­ment.

Art. 128

2. Ad­just­ment for in­fla­tion

 

The court may dir­ect that the main­ten­ance con­tri­bu­tion will auto­mat­ic­ally in­crease or de­crease de­pend­ing on spe­cified changes in the cost of liv­ing.

Art. 129

3. Ad­just­ment by court or­der

 

1In the event of a sub­stan­tial and en­dur­ing change in cir­cum­stances, the peri­od­ic main­ten­ance pay­ments may be re­duced, can­celled or sus­pen­ded for a cer­tain time; an im­prove­ment in the cir­cum­stances of the party en­titled to main­ten­ance may be taken in­to ac­count only if the pay­ments stip­u­lated in the di­vorce de­cree provided suf­fi­cient main­ten­ance.

2The party en­titled to main­ten­ance may re­quest that the pay­ments be ad­jus­ted in line with fu­ture in­fla­tion if the in­come of the oth­er party has in­creased un­ex­pec­tedly since the di­vorce.

3With­in five years of the di­vorce, the party en­titled to main­ten­ance may re­quest that pay­ments be ordered or in­creased provided the di­vorce de­cree states that it was not pos­sible at that time to or­der suf­fi­cient main­ten­ance pay­ments and provided the eco­nom­ic cir­cum­stances of the party ob­liged to pay main­ten­ance have since im­proved.

Art. 130

4. Ex­piry by law

 

1The duty to pay main­ten­ance ex­pires on the death of either the re­ceiv­ing party or the pay­ing party.

2Un­less oth­er­wise agreed, it like­wise ex­pires on the re­mar­riage of the party en­titled to re­ceive main­ten­ance.

Art. 131

IV. En­force­ment

1. En­force­ment as­sist­ance

 

1Where the li­able party fails to pay main­ten­ance, an of­fi­cial agency des­ig­nated by can­ton­al law shall on re­quest, in an ap­pro­pri­ate way and usu­ally without charge, as­sist the party en­titled to main­ten­ance to en­force his or her claims.

2The Fed­er­al Coun­cil de­term­ines the terms of en­force­ment as­sist­ance.


1 Amended by No I of the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).

Art. 131a

2. Ad­vance pay­ments

 

1Pub­lic law may provide for ad­vance pay­ments to be made should the li­able per­son fail to make the ne­ces­sary main­ten­ance pay­ments.

2If the state au­thor­ity makes main­ten­ance pay­ments to the en­titled per­son, the main­ten­ance en­ti­tle­ment with all rights is as­signed to the state au­thor­ity.


1 In­ser­ted by No I of the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).

Art. 132

3. Dir­ec­tions to debt­ors and post­ing se­cur­ity1

 

1If the party ob­liged to pay main­ten­ance fails to do so, the court may or­der his debt­ors to make pay­ment in whole or in part to the party en­titled to main­ten­ance.

2If the party ob­liged to pay main­ten­ance per­sist­ently fails to do so, or if there are grounds to sus­pect that said party is pre­par­ing to ab­scond or is dis­sip­at­ing or con­ceal­ing his as­sets, the court may or­der him to post ap­pro­pri­ate se­cur­ity for fu­ture main­ten­ance con­tri­bu­tions.


1 Amended by No I of the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).

Art. 133

F. Chil­dren

I. Par­ent­al rights and ob­lig­a­tions

 

1The court reg­u­lates par­ent­al rights and ob­lig­a­tions in ac­cord­ance with the pro­vi­sions on the leg­al ef­fects of the par­ent-child re­la­tion­ship. In par­tic­u­lar it reg­u­lates:

1.
par­ent­al re­spons­ib­il­ity;
2.
res­id­ence;
3.
con­tact (Art. 273) or the shar­ing of par­ent­ing du­ties; and
4.
child main­ten­ance con­tri­bu­tions.

2It shall con­sider all cir­cum­stances im­port­ant to the child's best in­terests. It shall take ac­count of a joint pro­pos­al by the par­ents and, if feas­ible, the opin­ion of the child.

3It may or­der that the child main­ten­ance con­tri­bu­tion con­tin­ue to be paid after the child reaches the age of ma­jor­ity.


1 Amended by No I of the FA of 21 June 2013 (Par­ent­al Re­spons­ib­il­ity), in force since 1 Ju­ly 2014 (AS 2014 357; BBl 2011 9077).

Art. 134

II. Change of cir­cum­stances

 

1At the re­quest of either par­ent, the child or the child pro­tec­tion au­thor­ity, new ar­range­ments for par­ent­al re­spons­ib­il­ity shall be made by the child pro­tec­tion au­thor­ity provided this is in the child’s best in­terests due to a sub­stan­tial change in cir­cum­stances.

2The re­quire­ments for the modi­fic­a­tion of oth­er par­ent­al rights and -ob­lig­a­tions are gov­erned by the pro­vi­sions on the ef­fects of the par­ent-child re­la­tion­ship.1

3If the par­ents agree, the child pro­tec­tion au­thor­ity re­as­sesses par­ent­al re­spons­ib­il­ity, res­id­ence and ap­proves a child sup­port agree­ment. In the oth­er cases, the court com­pet­ent to modi­fy the di­vorce de­cree de­cides.2

4If the court is re­quired to de­cide on the modi­fic­a­tion of par­ent­al re­spons­ib­il­ity, res­id­ence or the child main­ten­ance con­tri­bu­tion for a minor child, it shall if ne­ces­sary also re­as­sess con­tact or shar­ing of par­ent­ing du­ties; in the oth­er cases, the child pro­tec­tion au­thor­ity shall de­cide on the modi­fic­a­tion of con­tact or shar­ing of par­ent­ing du­ties.3


1 Amended by No I of the FA of 21 June 2013 (Par­ent­al Re­spons­ib­il­ity), in force since 1 Ju­ly 2014 (AS 2014 357; BBl 2011 9077).
2 Amended by No I of the FA of 21 June 2013 (Par­ent­al Re­spons­ib­il­ity), in force since 1 Ju­ly 2014 (AS 2014 357; BBl 2011 9077).
3 Amended by No I of the FA of 21 June 2013 (Par­ent­al Re­spons­ib­il­ity), in force since 1 Ju­ly 2014 (AS 2014 357; BBl 2011 9077).

Art. 135149


1 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

 

Art. 150–158

 

Re­pealed

Title Five: General Effects of Marriage

Art. 159

A. Mar­it­al uni­on; rights and du­ties of spouses

 

1The wed­ding ce­re­mony binds the spouses in mar­it­al uni­on.

2They mu­tu­ally un­der­take to strive to safe­guard the in­terests of the mar­it­al uni­on and to care jointly for the chil­dren.

3They owe each oth­er loy­alty and sup­port.

Art. 160

B. Sur­name

 

1Each spouse re­tains his or her sur­name.

2However, the pro­spect­ive spouses may de­clare to the civil re­gis­trar that they wish bear the sur­name of the bride or the groom as the fam­ily sur­name.

3If the pro­spect­ive spouses re­tain their sur­names, they de­cide which of the sur­names their chil­dren will bear. In jus­ti­fied cases, the civil re­gis­trar may re­lieve the pro­spect­ive spouses of this ob­lig­a­tion.


1 Amended by No I of the FA of 30 Sept. 2011 (Name and Cit­izen­ship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).

Art. 161

C. Can­ton­al and com­mun­al cit­izen­ship

 

Each spouse re­tains his or her can­ton­al and com­mun­al cit­izen­ship.


1 Amended by No I of the FA of 30 Sept. 2011 (Name and Cit­izen­ship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).

Art. 162

D. Mar­it­al home

 

The spouses jointly de­cide where to es­tab­lish the mar­it­al home.

Art. 163

E. Main­ten­ance of the fam­ily

I. In gen­er­al

 

1The spouses jointly provide for the prop­er main­ten­ance of the fam­ily, each ac­cord­ing to his or her abil­ity.

2They agree on the con­tri­bu­tions each of them will make, not­ably by provid­ing money, look­ing after the house­hold, caring for the chil­dren or sup­port­ing the oth­er’s ca­reer or busi­ness.

3In so do­ing they take due ac­count of the needs of the mar­it­al uni­on and of their own per­son­al cir­cum­stances.

Art. 164

II. Al­low­ance for per­son­al use

 

1A spouse who looks after the house­hold, cares for the chil­dren or sup­ports the ca­reer or busi­ness of the oth­er spouse is en­titled to re­ceive from the lat­ter a reas­on­able al­low­ance for his or her own per­son­al use.

2When de­term­in­ing said al­low­ance, ac­count must be taken of the per­son­al re­sources of the re­ceiv­ing spouse and the need to provide con­scien­tiously for the fam­ily, ca­reer and busi­ness.

Art. 165

III. Ex­traordin­ary con­tri­bu­tions by one spouse

 

1Where the con­tri­bu­tion made by one spouse to the oth­er’s ca­reer or busi­ness is sig­ni­fic­antly great­er than re­quired in the light of the lat­ter’s con­tri­bu­tion to the main­ten­ance of the fam­ily, he or she is en­titled to reas­on­able com­pens­a­tion.

2The same ap­plies if a spouse has con­trib­uted sig­ni­fic­antly more of his or her own in­come or as­sets to the main­ten­ance of the fam­ily than he or she was ob­liged to con­trib­ute.

3However, a spouse is not en­titled to com­pens­a­tion if such ex­traordin­ary con­tri­bu­tion was made un­der a work, loan or part­ner­ship agree­ment or on the basis of some oth­er leg­al re­la­tion­ship.

Art. 166

F. Rep­res­ent­a­tion of the mar­it­al uni­on

 

1While liv­ing to­geth­er un­der the same roof, both spouses rep­res­ent the mar­it­al uni­on with re­gard to the day-to-day needs of the fam­ily.

2A spouse may rep­res­ent the mar­it­al uni­on with re­gard to the oth­er needs of the fam­ily only if:

1.
au­thor­ised so to do by the oth­er spouse or by court or­der;
2.
the in­terests of the mar­it­al uni­on brook no delay and the oth­er spouse is un­able to con­sent due to ill­ness, ab­sence or oth­er sim­il­ar reas­ons.

3Each spouse is per­son­ally li­able for his or her own ac­tions and, to the ex­tent that these do not ex­ceed his or her powers of rep­res­ent­a­tion in a man­ner ap­par­ent to third parties, also renders the oth­er spouse jointly and sev­er­ally li­able for such ac­tions.

Art. 167

G. Spouses’ ca­reer or busi­ness

 

In the choice and pur­suit of his or her ca­reer or busi­ness, each spouse must have due re­gard to the oth­er and to the wel­fare of the mar­it­al uni­on.

Art. 168

H. Trans­ac­tions by the spouses

I. In gen­er­al

 

Each spouse may enter in­to trans­ac­tions with the oth­er or with third parties un­less the law provides oth­er­wise.

Art. 169

II. Fam­ily home

 

1A spouse may ter­min­ate a ten­ancy agree­ment, ali­en­ate the fam­ily home or lim­it the rights in re­spect of the fam­ily home by oth­er trans­ac­tions only with the ex­press con­sent of the oth­er.

2If the spouse can­not ob­tain such con­sent or it is with­held without good cause, he or she may pe­ti­tion the court.

Art. 170

J. Duty to in­form

 

1Each spouse has the right to de­mand in­form­a­tion from the oth­er con­cern­ing his or her in­come, as­sets and debts.

2At the re­quest of one spouse, the court may or­der the oth­er spouse or a third party to fur­nish the in­form­a­tion re­quired and to pro­duce the ne­ces­sary doc­u­ments.

3This does not ap­ply to any in­form­a­tion held by law­yers, so­li­cit­ors, doc­tors, clergy and their aux­il­i­ary staff which is sub­ject to pro­fes­sion­al con­fid­en­ti­al­ity.

Art. 171

K. Pro­tec­tion of the mar­it­al uni­on

I. Coun­selling agen­cies

 

The can­tons must en­sure that spouses ex­per­i­en­cing mar­it­al prob­lems may seek help in­di­vidu­ally or jointly from mar­riage guid­ance or fam­ily coun­selling agen­cies.

Art. 172

II. Court meas­ures

1. In gen­er­al

 

1If a spouse fails to ful­fil his or her du­ties to the fam­ily or if the spouses dis­agree on mat­ters of im­port­ance to the mar­it­al uni­on, they may ap­ply jointly or sep­ar­ately to the court for me­di­ation.

2The court re­minds the spouses of their du­ties and at­tempts to settle their dif­fer­ences; if the spouses con­sent, ex­perts may be con­sul­ted or they may be re­ferred to a mar­riage guid­ance or fam­ily coun­selling agency.

3If ne­ces­sary, at the re­quest of one spouse the court will take the steps en­vis­aged by law. The pro­vi­sion gov­ern­ing the pro­tec­tion of the per­son from vi­ol­ence, threats or har­ass­ment ap­plies mu­tatis mutandis.1


1 Second sen­tence in­ser­ted by No I of the FA of 23 June 2006 (Pro­tec­tion of the Per­son­al­ity against Vi­ol­ence, Threats or Har­ass­ment), in force since 1 Ju­ly 2007 (AS 2007 137; BBl 2005 6871 6897).

Art. 173

2. While liv­ing to­geth­er

a. Fin­an­cial con­tri­bu­tions

 

1At the re­quest of one spouse, the court de­term­ines the amounts to be paid for the main­ten­ance of the fam­ily.

2Like­wise, at the re­quest of one spouse, it de­term­ines the al­low­ance pay­able to the spouse who looks after the house­hold, cares for the chil­dren or sup­ports the oth­er’s ca­reer or busi­ness.

3Pay­ments may be claimed for the fu­ture and for one year pre­ced­ing the re­quest.

Art. 174

b. Re­voc­a­tion of powers of rep­res­ent­a­tion

 

1If a spouse ex­ceeds his or her power to rep­res­ent the mar­it­al uni­on or proves in­cap­able of ex­er­cising it, at the oth­er spouse’s re­quest the court may re­voke such power in whole or in part.

2The spouse mak­ing such re­quest may in­form third parties of the re­voc­a­tion only by com­mu­nic­a­tions in per­son.

3The re­voc­a­tion is ef­fect­ive to­wards third parties act­ing in good faith only if it has been made pub­lic by or­der of the court.

Art. 175

3. Sus­pen­sion of joint house­hold

a. Grounds

 

A spouse is en­titled to sus­pend the joint house­hold for as long as his or her per­son­al­ity rights or fin­an­cial se­cur­ity or the wel­fare of the fam­ily are ser­i­ously en­dangered by liv­ing to­geth­er.

Art. 176

b. Ar­range­ments for liv­ing apart

 

1If the sus­pen­sion of the joint house­hold is jus­ti­fied, at the re­quest of one spouse the court will:

1.1
de­term­ine the main­ten­ance paid to any chil­dren and the oth­er spouse;
2.
is­sue dir­ec­tions on the use of the home and the house­hold ef­fects;
3.
or­der a sep­ar­a­tion of prop­erty where jus­ti­fied in the cir­cum­stances.

2A spouse may also make such re­quest if liv­ing to­geth­er is im­possible, in par­tic­u­lar be­cause the oth­er spouse re­fuses to do so without good cause.

3If the spouses have minor chil­dren, the court must take the ne­ces­sary steps in ac­cord­ance with the pro­vi­sions gov­ern­ing the leg­al ef­fects of the par­ent-child re­la­tion­ship.2


1 Amended by No I of the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
2 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 176a

4. En­force­ment

a. En­force­ment as­sist­ance and ad­vance pay­ments

 

The pro­vi­sions gov­ern­ing en­force­ment as­sist­ance and ad­vance pay­ments on di­vorce and con­sequent to the par­ent-child re­la­tion­ship ap­ply.


1 In­ser­ted by No I of the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).

Art. 177

b. Dir­ec­tions to debt­ors1

 

If a spouse fails to ful­fil his or her duty to main­tain the fam­ily, the court may or­der his or her debt­ors to make pay­ment in full or in part to the oth­er spouse.


1 Amended by No I of the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).

Art. 178

5. Re­stric­tion of power to dis­pose of as­sets

 

1To the ex­tent re­quired to en­sure the fam­ily’s fin­an­cial se­cur­ity or ful­fil­ment of a fin­an­cial ob­lig­a­tion arising from the mar­it­al uni­on, at the re­quest of one spouse the court may make the power to dis­pose of cer­tain as­sets con­di­tion­al on its con­sent.

2The court or­ders the ap­pro­pri­ate pro­tect­ive meas­ures.

3If it pro­hib­its a spouse from dis­pos­ing of land it must have a note to this ef­fect re­cor­ded in the land re­gister.

Art. 179

6. Change of cir­cum­stances2

 

1If there is a change in cir­cum­stances, at the re­quest of either spouse the court shall modi­fy the meas­ures or re­voke the same if they are no longer jus­ti­fied. The pro­vi­sions on a change of cir­cum­stances in di­vorce cases ap­ply mu­tatis mutandis.3

2If the spouses re­sume liv­ing to­geth­er, the meas­ures ordered in con­nec­tion with liv­ing apart lapse, with the ex­cep­tion of the sep­ar­a­tion of prop­erty and the child pro­tec­tion meas­ures.


1 Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
2 Amended by No I of the FA of 21 June 2013 (Par­ent­al Re­spons­ib­il­ity), in force since 1 Ju­ly 2014 (AS 2014 357; BBl 2011 9077).
3 Amended by No I of the FA of 21 June 2013 (Par­ent­al Re­spons­ib­il­ity), in force since 1 Ju­ly 2014 (AS 2014 357; BBl 2011 9077).

Art. 180


1 Re­pealed by An­nex No. 2 of the Civil Jur­is­dic­tion Act of 24 March 2000, with ef­fect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).

 

Re­pealed