Re­gistered or bear­er bonds may be se­cured by a mort­gage:

1.

by is­su­ing a mort­gage con­tract or a mort­gage cer­ti­fic­ate for the en­tire series and ap­point­ing an agent for the cred­it­ors and the bor­row­er;

2.

by es­tab­lish­ing a mort­gage right for the en­tire bond is­sue in fa­vour of the is­suer and es­tab­lish­ing a mort­gage on that debt in fa­vour of the bond hold­ers.

¹ Ex­cept where oth­er­wise provided by law, chat­tels may be pledged only by the trans­fer of pos­ses­sion of the chat­tel to the pledgee.

² Any per­son who in good faith takes a chat­tel in pledge ac­quires a gen­er­al li­en over it, provided that third parties do not have rights over the chat­tel as a res­ult of pri­or pos­ses­sion, even if the pledger had no au­thor­ity to ali­en­ate it.

³ The gen­er­al li­en is not es­tab­lished as long as the pledger re­tains ex­clus­ive pos­ses­sion of the chat­tel.

¹ A gen­er­al li­en on live­stock to se­cure the claims of lend­ing in­sti­tu­tions and co-op­er­at­ives au­thor­ised to carry out such trans­ac­tions by the com­pet­ent au­thor­ity of the can­ton in which they have their seat may be es­tab­lished without trans­fer of pos­ses­sion by entry in a pub­lic re­gister and no­ti­fic­a­tion to the debt en­force­ment of­fice.

² The Fed­er­al Coun­cil reg­u­lates the keep­ing of the re­gister.⁶⁶⁸

³ The can­tons may levy fees for entries in the re­gister and the as­so­ci­ated ad­min­is­tra­tion; they de­term­ine the re­gister dis­tricts and the re­spons­ible of­fi­cials.⁶⁶⁹

A sub­or­din­ate pledge is es­tab­lished by no­ti­fy­ing the pledgee in writ­ing and in­struct­ing him or her to de­liv­er the pledged chat­tel to the sub­or­din­ate pledgee after his or her claim has been sat­is­fied.

The pledgee may only give the pledged chat­tel in fur­ther pledge with the pledger’s con­sent.

¹ The gen­er­al li­en is ex­tin­guished once the pledgee no longer pos­sesses the pledged chat­tel and is un­able to de­mand its re­turn from third parties.

² The ef­fects of the li­en are sus­pen­ded as long as the pledger has ex­clus­ive pos­ses­sion of the pledged chat­tel with the pledgee’s con­sent.

¹ The pledgee must re­turn the pledged chat­tel to the en­titled party where the pledge is ex­tin­guished due to pay­ment of the debt or for some oth­er reas­on.

² He or she is not ob­liged to re­turn the pledged chat­tel, in whole or in part, un­til his or her claim has been fully sat­is­fied.

¹ The pledgee is li­able for the de­pre­ci­ation or loss of the pledged chat­tel, un­less he or she shows that he or she is not at fault.

² If the pledgee has ali­en­ated the pledged chat­tel or giv­en it in fur­ther pledge without au­thor­ity, he or she is li­able for any res­ult­ing dam­age.

¹ If the debt­or is in de­fault the cred­it­or has the right to sat­is­fy his or her claim from the pro­ceeds of the pledge.

² The gen­er­al li­en provides the cred­it­or with se­cur­ity for his or her claim, in­clud­ing con­trac­tu­al in­terest, debt en­force­ment costs and de­fault in­terest.

¹ The gen­er­al li­en en­cum­bers the pledged chat­tel in­clud­ing its ac­cessor­ies.

² Un­less oth­er­wise agreed, the pledgee must de­liv­er the nat­ur­al fruits of the pledged chat­tel to the own­er once they are no longer a con­stitu­ent part there­of.

³ Fruits which are a con­stitu­ent part of the pledged chat­tel at the time of its real­isa­tion are in­cluded in it.

¹ Where there are sev­er­al pledges on the same chat­tel, the pledgees are sat­is­fied ac­cord­ing to their rank.

² Rank is de­term­ined by the date on which the pledges were es­tab­lished.

Any agree­ment stip­u­lat­ing that the pledged chat­tel will be­come the prop­erty of the pledgee in the event of de­fault on the part of the debt­or is in­val­id.

¹ A cred­it­or has the right to re­tain chat­tels and se­cur­it­ies which have come in­to his or her pos­ses­sion with the debt­or’s con­sent un­til his or her claim has been sat­is­fied, provid­ing such claim is due and in­trins­ic­ally con­nec­ted with the re­tained ob­jects.

² Between per­sons en­gaged in com­merce, an in­trins­ic con­nec­tion ex­ists where both the claim and the re­tained ob­jects re­late to their com­mer­cial deal­ings.

³ The cred­it­or has a spe­cial li­en provided that third parties do not have rights as a res­ult of pri­or pos­ses­sion, even if the chat­tel which he or she has re­ceived in good faith does not be­long to the debt­or.

¹ No spe­cial li­en may be as­ser­ted over chat­tels which by their nature are not real­is­able.

² Equally, no spe­cial li­en may be as­ser­ted where to do so would be in­com­pat­ible with an ob­lig­a­tion as­sumed by the cred­it­or or with in­struc­tions is­sued by the debt­or pri­or to or upon trans­fer of the chat­tel or with pub­lic policy.

¹ In the event of the debt­or’s in­solv­ency, the cred­it­or has a spe­cial li­en even if his or her claim is not yet due.

² If the in­solv­ency did not oc­cur or be­come known to the cred­it­or un­til after trans­fer of the chat­tel, the spe­cial li­en may be ex­er­cised even if in­com­pat­ible with a pri­or ob­lig­a­tion or with a spe­cial in­struc­tion is­sued by the debt­or.

¹ If the debt­or is in de­fault and fails to provide suf­fi­cient se­cur­ity, the cred­it­or is en­titled to real­ise the re­tained ob­ject in the same man­ner as a pledged chat­tel after no­ti­fy­ing the debt­or.

² Where re­tained re­gistered se­cur­it­ies are to be real­ised, the debt en­force­ment or bank­ruptcy of­fi­cial must take the ne­ces­sary steps on the debt­or’s be­half.

¹ Debts or oth­er rights may be pledged provided they are as­signable.

² Un­less oth­er­wise provided, a gen­er­al li­en on debts and oth­er rights is reg­u­lated by the pro­vi­sions gov­ern­ing the pledging of chat­tels.

¹ In or­der to pledge a debt not evid­enced in writ­ing or for which only a bor­row­er’s note ex­ists, the pledge agree­ment must be ex­ecuted in writ­ing and, where ap­plic­able, the bor­row­er’s note trans­ferred.

² The pledgee and the pledger may in­form the debt­or of the pledge.

³ In or­der to pledge oth­er rights, a writ­ten pledge agree­ment must be drawn up and any form re­quired for the trans­fer must be ob­served.

¹ In the case of bear­er se­cur­it­ies, de­liv­ery of the cer­ti­fic­ate to the pledgee is suf­fi­cient to es­tab­lish the pledge.

² In the case of oth­er se­cur­it­ies, the cer­ti­fic­ate must be de­livered and either en­dorsed or ac­com­pan­ied by a de­clar­a­tion of as­sign­ment.

³ The pledging of in­ter­me­di­ated se­cur­it­ies is gov­erned ex­clus­ively by the In­ter­me­di­ated Se­cur­it­ies Act of 3 Oc­to­ber 2008⁶⁷⁰.⁶⁷¹

¹ Where there are doc­u­ments of title to goods, the goods may be pledged by pledging the doc­u­ments.

² Where a spe­cial war­rant ex­ists in ad­di­tion to a doc­u­ment of title to goods, pledging the war­rant is suf­fi­cient to pledge the goods, provided no­tice of the pledge in­clud­ing the amount of the debt and the ma­tur­ity date is entered on the doc­u­ment of title.

A sub­or­din­ate pledge of a debt is val­id only if the pri­or rank­ing pledgee is no­ti­fied in writ­ing of the sub­or­din­ate pledge by the cred­it­or or by the sub­or­din­ate pledgee.

¹ Un­less oth­er­wise agreed, a pledge of in­terest-bear­ing debts or oth­er debts con­fer­ring peri­od­ic sub­si­di­ary be­ne­fits, such as di­vidends, is lim­ited to the cur­rent debt and the cred­it­or is not en­titled to pay­ments which have already fallen due.

² However, where such sub­si­di­ary rights are evid­enced by sep­ar­ate doc­u­ments, un­less oth­er­wise agreed, they are also covered by pledged to the ex­tent that the pledge has been val­idly es­tab­lished.

¹ Pledged shares are rep­res­en­ted at gen­er­al meet­ings of share­hold­ers by the share­hold­er rather than the pledgee.

² Pledged cap­it­al con­tri­bu­tions to a lim­ited li­ab­il­ity com­pany are rep­res­en­ted in the mem­bers' gen­er­al meet­ing by the mem­ber rather than the pledgee.⁶⁷³

¹ If di­li­gent ad­min­is­tra­tion so re­quires, the cred­it­or may give no­tice to ter­min­ate the pledged claim and col­lect the debt and the pledgee is en­titled to re­quest that such pro­ced­ures be car­ried out.

² Once no­ti­fied of the pledge, the debt­or may make pay­ment to either the cred­it­or or the pledgee, but only with the oth­er party’s con­sent.

³ Where no such con­sent is forth­com­ing, he or she must de­pos­it the amount due.

¹ Any per­son wish­ing to op­er­ate as a pawn­broker re­quires a li­cence from the can­ton­al gov­ern­ment.

² Can­ton­al law may provide that such li­cences are gran­ted only to can­ton­al or com­mun­al bod­ies and char­it­able or­gan­isa­tions.

³ The can­tons may levy fees from pawn­brokers.

¹ A li­cences is gran­ted to private pawn­brokers for a spe­cif­ic peri­od only, but may be re­newed.

² A li­cence may be re­voked at any time if the pawn­broker fails to com­ply with the pro­vi­sions ap­plic­able to his or her busi­ness.

A chat­tel is pawned by de­liv­er­ing it to the pawn­broker against re­ceipt.

¹ If the pawned chat­tel is not re­deemed by the re­demp­tion dead­line, the pawn­broker may sell it at pub­lic auc­tion after mak­ing a pri­or call for re­demp­tion.

² The pawn­broker has no claim against the pledger.

¹ If the auc­tion pro­ceeds ex­ceed the pawned amount, the pledger is en­titled to the sur­plus.

² Sev­er­al claims against the same pledger may be treated as a single claim for the pur­pose of cal­cu­lat­ing the sur­plus.

³ The claim to the sur­plus pre­scribes five years after the sale of the pawned chat­tel.

¹ Provided it has not yet been sold, the pledger may re­deem the pawned chat­tel against re­turn of the re­ceipt.

² If the pledger is un­able to present the re­ceipt, he or she is en­titled to re­deem the pawned chat­tel after the re­demp­tion dead­line provided he or she es­tab­lishes his or her en­ti­tle­ment.

³ As of six months after the re­demp­tion dead­line, the pledger also has such right even where the pawn­broker has ex­pressly re­served the right to re­lease the pawned chat­tel only against re­turn of the re­ceipt.

¹ On re­demp­tion the pawn­broker is en­titled to charge in­terest for the full cur­rent month.

² If the pawn­broker has ex­pressly re­served the right to re­turn the pawned chat­tel to any bear­er of the pawn re­ceipt, he or she may do so as long as he or she does not know and could not reas­on­ably be ex­pec­ted to know that the bear­er ac­quired the re­ceipt un­law­fully.

Com­mer­cial pur­chases with right of re­pur­chase are deemed equi­val­ent to pawn­brok­ing.

¹ Can­ton­al law may is­sue fur­ther reg­u­la­tions gov­ern­ing pawn­brok­ing.

² ...⁶⁷⁴

¹ Ef­fect­ive con­trol over a thing con­sti­tutes pos­ses­sion of it.

² In the case of ease­ments and real bur­dens, ef­fect­ive ex­er­cise of the right con­sti­tutes pos­ses­sion.

¹ Where the pos­sessor trans­fers an ob­ject to a third party in or­der to con­fer on him or her a lim­ited right in rem or a per­son­al right, both are con­sidered to have pos­ses­sion.

² The own­er of the ob­ject has dir­ect pos­ses­sion and any oth­er pos­sessor has de­riv­at­ive pos­ses­sion.

Pos­ses­sion is not lost if the ex­er­cise of ef­fect­ive con­trol is im­peded or in­ter­rup­ted by oc­cur­rences of a tem­por­ary nature.

¹ Pos­ses­sion is trans­ferred by the de­liv­ery of the ob­ject it­self or of the means by which the re­cip­i­ent may gain ef­fect­ive con­trol of it.

² Trans­fer is com­plete once the trans­fer­ee is able to ex­er­cise ef­fect­ive con­trol over the ob­ject with the con­sent of the pri­or pos­sessor.

Trans­fer among per­sons who are ab­sent is com­pleted on de­liv­ery of the ob­ject to the trans­fer­ee or his or her rep­res­ent­at­ive.

¹ Pos­ses­sion of an ob­ject may be ac­quired without phys­ic­al de­liv­ery if a third party or the trans­fer­or him­self re­tains pos­ses­sion of it in terms of a spe­cial leg­al re­la­tion­ship.

² The trans­fer is not bind­ing on the third party who re­tains pos­ses­sion of the ob­ject un­til he or she has been no­ti­fied there­of by the trans­fer­or.

³ The third party is en­titled to re­fuse de­liv­ery to the ac­quirer for the same reas­ons for which he or she could have re­fused de­liv­ery to the trans­fer­or.

¹ De­liv­ery of doc­u­ments of title to goods which have been con­signed to a car­ri­er or a ware­house is equi­val­ent to the de­liv­ery of the goods them­selves.

² However, where a bona fide ac­quirer of the doc­u­ment of title to goods is in con­flict with a bona fide ac­quirer of the goods, the lat­ter has pri­or­ity.

¹ A pos­sessor has the right to use force in self-de­fence against any un­law­ful in­ter­fer­ence.

² If he or she has been dis­pos­sessed of an ob­ject by force or by clandes­tine means, he or she has the right to re­cov­er it im­me­di­ately by ex­pelling the tres­pass­er from the prop­erty or, in the case of a chat­tel, by tak­ing it from a per­son caught in the act and pur­sued im­me­di­ately.

³ In do­ing so, he or she must ab­stain from all force not jus­ti­fied by the cir­cum­stances.

¹ A per­son who wrong­fully dis­pos­sesses an­oth­er of an ob­ject is ob­liged to re­turn it, even if he or she claims a bet­ter right to it.

² If the de­fend­ant may im­me­di­ately show a bet­ter right en­titling him or her to re­claim the ob­ject from the claimant, he or she may re­fuse to re­turn it.

³ The claim is for resti­tu­tion of the ob­ject plus dam­ages.

¹ A pos­sessor dis­turbed by tres­pass may bring an ac­tion against the tres­pass­er even if the lat­ter claims to be in the right.

² The claim is for ces­sa­tion of tres­pass, pro­hib­i­tion of fur­ther tres­pass and dam­ages.

¹ An ac­tion for resti­tu­tion or tres­pass is only ad­miss­ible if the pos­sessor sues for resti­tu­tion of the ob­ject or for ces­sa­tion of tres­pass im­me­di­ately on be­com­ing aware of the in­ter­fer­ence in his or her rights and the iden­tity of the tres­pass­er.

² The ac­tion pre­scribes one year after the date of the tres­pass or dis­pos­ses­sion even if the claimant did not be­come aware of the in­ter­fer­ence in his or her rights and the iden­tity of the tres­pass­er un­til a later date.

¹ The pos­sessor of a chat­tel is pre­sumed to be its own­er.

² Each pre­vi­ous pos­sessor is pre­sumed to have been the own­er of the chat­tel while it was in his or her pos­ses­sion.

¹ The pos­sessor of a chat­tel who does not pur­port to be its own­er may in­voke the pre­sump­tion that the per­son from whom he or she re­ceived it in good faith is the own­er.

² Where a per­son pos­sess­ing a chat­tel in­vokes a lim­ited right in rem or a per­son­al right, the ex­ist­ence of such a right is pre­sumed, but such pre­sump­tion can­not be in­voked against the per­son from whom the pos­sessor re­ceived the chat­tel.

The pos­sessor of a chat­tel may in­voke the pre­sump­tion of his or her bet­ter right in any ac­tion brought against him, sub­ject to the pro­vi­sions gov­ern­ing wrong­ful dis­pos­ses­sion or tres­pass.

A per­son who takes pos­ses­sion of a chat­tel in good faith in or­der to be­come its own­er or to ac­quire a lim­ited right in rem is pro­tec­ted therein even if the chat­tel was en­trus­ted to the trans­fer­or without any au­thor­ity to ef­fect the trans­fer.

¹ A pos­sessor whose chat­tel has been stolen or lost, or who has oth­er­wise been dis­pos­sessed of it against his or her will, may re­claim it from any pos­sessor with­in a peri­od of five years. Art­icle 722 is re­served.⁶⁷⁶

^1bis The right to re­cov­er an ob­ject of cul­tur­al her­it­age as defined by Art­icle 2 para­graph 1 of the Cul­tur­al Prop­erty Trans­fer Act of 20 June 2003⁶⁷⁷, pos­ses­sion of which has been lost against the own­er’s will, pre­scribes one year after the own­er be­comes aware of where and by whom such ob­ject is be­ing held, but at the latest 30 years after the loss.⁶⁷⁸

² If a chat­tel has been sold at pub­lic auc­tion, or on the mar­ket, or by a mer­chant deal­ing in goods of the same kind, it may be re­claimed from the first and any sub­sequent bona fide pur­chaser only against re­im­burse­ment of the price paid.

³ In oth­er re­spects, resti­tu­tion is sub­ject to the pro­vi­sions gov­ern­ing pos­ses­sion in good faith.

Cash and bear­er se­cur­it­ies can­not be re­claimed from a re­cip­i­ent in good faith even if the pos­sessor was dis­pos­sessed of them against his or her will.

¹ A per­son who has not ac­quired a chat­tel in good faith may be re­quired by the pre­vi­ous pos­sessor to re­turn it at any time.

² However, if the pre­vi­ous pos­sessor like­wise did not ac­quire the chat­tel in good faith, he or she can­not re­claim the chat­tel from any sub­sequent pos­sessor.

¹ In re­spect of land re­cor­ded in the land re­gister, only the per­son re­gistered may in­voke pre­sump­tion of title and bring an ac­tion for re­cov­ery of pos­ses­sion.

² However, a per­son who ex­er­cises ef­fect­ive con­trol over the land may bring an ac­tion for wrong­ful dis­pos­ses­sion or tres­pass.

¹ A per­son pos­sess­ing an ob­ject in good faith is not li­able to its right­ful own­er for the con­sequences of us­ing it in ac­cord­ance with his or her pre­sumed right.

² He or she is not ob­liged to re­place what has been lost or dam­aged.

¹ Where the right­ful own­er re­quests resti­tu­tion of an ob­ject, the pos­sessor in good faith may re­quest in­dem­ni­fic­a­tion for any ne­ces­sary or use­ful ex­pendit­ure in­curred and may re­fuse to sur­render the ob­ject un­til such in­dem­ni­fic­a­tion is forth­com­ing.

² He or she has no right to in­dem­ni­fic­a­tion of oth­er ex­pendit­ure, but where none is proffered, he or she may re­move any­thing for which he or she has in­curred cost, provided this may be done without dam­aging the prop­erty.

³ Any fruits col­lec­ted by a pos­sessor are set off against his or her claim for in­dem­ni­fic­a­tion.

¹ A per­son pos­sess­ing an ob­ject in bad faith must re­turn it to the right­ful own­er and com­pensate him or her for any dam­age res­ult­ing from such wrong­ful pos­ses­sion, in­clud­ing any fruits he or she col­lec­ted or failed to col­lect.

² He or she may claim in­dem­ni­fic­a­tion only of such ex­pendit­ure as the right­ful own­er would also have had to in­cur.

³ As long as a pos­sessor does not know to whom he or she must sur­render the ob­ject, he or she is only li­able for dam­age for which he or she is at fault.

A pos­sessor ful­filling the re­quire­ments of ad­verse pos­ses­sion may count his or her pre­de­cessor’s peri­od of pos­ses­sion as part of his or her own provided his or her pre­de­cessor’s pos­ses­sion also qual­i­fied as ad­verse pos­ses­sion.

¹ The land re­gister is kept as a re­cord of prop­erty rights.

² It con­sists of the main re­gister, the plans, prop­erty dir­ect­or­ies, sup­port­ing doc­u­ments and prop­erty de­scrip­tions ap­pen­ded to the main re­gister, and the journ­al.

³ The land re­gister may be kept on pa­per or elec­tron­ic­ally.⁶⁷⁹

⁴ Where the land re­gister is kept elec­tron­ic­ally, leg­al ef­fect at­taches to such data as are prop­erly stored in the sys­tem and legible in let­ters and fig­ures or dis­played on plans by means of the tech­nic­al cap­ab­il­it­ies of the devices and equip­ment used by the land re­gister of­fice.⁶⁸⁰

¹ The fol­low­ing are re­cor­ded in the land re­gister as im­mov­able prop­erty:

1.

par­cels of land and the build­ings there­on;

2.

dis­tinct and per­man­ent rights re­cor­ded in the land re­gister;

3.

mines;

4.

co-own­er­ship shares in im­mov­able prop­erty.

² The Fed­er­al Coun­cil is­sues de­tailed reg­u­la­tions gov­ern­ing the pre­requis­ites for and meth­od of re­gis­tra­tion of dis­tinct and per­man­ent rights, mines and co-own­er­ship shares in im­mov­able prop­erty.

¹ Im­mov­able prop­erty which is not privately owned and is in pub­lic use will be re­cor­ded in the land re­gister only if rights in rem at­tach­ing to such prop­erty are to be re­gistered or if can­ton­al law provides for its re­gis­tra­tion.

² If re­gistered im­mov­able prop­erty is trans­formed in­to prop­erty that is not sub­ject to re­gis­tra­tion, it is de­leted from the land re­gister.

³ ...⁶⁸²

¹ Each item of im­mov­able prop­erty has its own fo­lio and num­ber in the main re­gister.

² The pro­ced­ure to be fol­lowed in the event of the di­vi­sion or con­sol­id­a­tion of im­mov­able prop­erty is de­term­ined by Fed­er­al Coun­cil or­din­ance.

¹ The fol­low­ing data is entered in sep­ar­ate sec­tions on each fo­lio:

1.

own­er­ship;

2.

the ease­ments and real bur­dens es­tab­lished in fa­vour of or en­cum­ber­ing the prop­erty;

3.

the li­ens with which it is en­cumbered.

² Ac­cessor­ies may be noted on the fo­lio at the own­er’s re­quest and, once noted, may be de­leted only with the con­sent of all such in­ter­ested parties as are evid­ent from the land re­gister.

¹ Two or more par­cels of land may be entered on one fo­lio with the own­er’s con­sent, re­gard­less of wheth­er they are con­tigu­ous.

² The entries on such fo­lio are val­id for all the land in ques­tion with the ex­cep­tion of ease­ments.

³ The own­er may at any time re­quest that entries for in­di­vidu­al par­cels of land be re­moved from a joint fo­lio, all rights be­ing re­served.

¹ Ap­plic­a­tions for entry in the land re­gister are re­cor­ded without delay in the journ­al in chro­no­lo­gic­al or­der in­dic­at­ing the ap­plic­ant and the ob­ject of his or her re­quest.

² Sup­port­ing doc­u­ments are duly clas­si­fied and archived.

³ In can­tons where the land re­gis­trar is au­thor­ised to draw up pub­lic deeds, the sup­port­ing doc­u­ments may be re­placed by an of­fi­cial re­cord whose entries con­sti­tute pub­lic deeds.

¹ The Fed­er­al Coun­cil pre­scribes the land re­gister forms, is­sues the ne­ces­sary reg­u­la­tions and reg­u­lates at its dis­cre­tion the keep­ing of aux­il­i­ary re­gisters.

² The can­tons may es­tab­lish spe­cial pro­vi­sions gov­ern­ing the re­gis­tra­tion of rights in rem on land un­der can­ton­al law, but such pro­vi­sions be­come val­id only when ap­proved by the Con­fed­er­a­tion.

¹ A can­ton wish­ing to keep the land re­gister elec­tron­ic­ally must ob­tain the ap­prov­al of the Fed­er­al De­part­ment of Justice and Po­lice.

² The Fed­er­al Coun­cil reg­u­lates:

1.

the au­thor­isa­tion pro­ced­ure;

2.

the scope and tech­nic­al de­tails of the elec­tron­ic land re­gister, par­tic­u­larly the pro­ced­ure by which entries be­come ef­fect­ive;

3.

wheth­er and on what con­di­tions elec­tron­ic com­mu­nic­a­tion with the land re­gister of­fice is per­miss­ible;

4.

wheth­er and on what con­di­tions the pub­lic will be giv­en ac­cess to un­res­tric­ted data re­cor­ded in the main re­gister;

5.

data ac­cess, the log­ging of re­triev­al re­quests and con­di­tions for the with­draw­al of user en­ti­tle­ments in the event of ab­use;

6.

data pro­tec­tion;

7.

long-term data se­cur­ity and data archiv­ing.

³ The Fed­er­al De­part­ment of Justice and Po­lice and the Fed­er­al De­part­ment of De­fence, Civil Pro­tec­tion and Sport define data mod­els and stand­ard in­ter­faces for the land re­gister and of­fi­cial land sur­veys.

¹ The land re­gister of­fices shall sys­tem­at­ic­ally use the OASI num­ber to identi­fy per­sons.

² They shall only dis­close the OASI num­ber to oth­er bod­ies and in­sti­tu­tions that re­quire the num­ber in or­der to ful­fil their stat­utory du­ties in con­nec­tion with the land re­gister and which are en­titled to make sys­tem­at­ic use of this num­ber.

The Fed­er­al Coun­cil shall reg­u­late the na­tion­al search by the com­pet­ent au­thor­it­ies for im­mov­able prop­er­ties in which a per­son iden­ti­fied by their OASI num­ber holds rights.

¹ The can­tons which main­tain the land re­gister elec­tron­ic­ally may com­mis­sion private in­di­vidu­als to:

1.

en­sure ac­cess to the data in the land re­gister in the re­triev­al pro­cess;

2.

en­sure pub­lic ac­cess to the data of the main re­gister which can be viewed without proof of in­terest;

3.

to carry out elec­tron­ic trans­ac­tions with the land re­gister of­fice.

² The com­mis­sioned in­di­vidu­als are sub­ject to the over­sight of the can­tons and of the Con­fed­er­a­tion.

¹ The entry for and de­scrip­tion of each par­cel of land in the re­gister are based on the of­fi­cial ca­das­tral sur­vey, and in par­tic­u­lar on a plan drawn for the land re­gister.

² The Geoin­form­a­tion Act of 5 Oc­to­ber 2007⁶⁸⁹ reg­u­lates the qual­it­at­ive and tech­nic­al re­quire­ments of the of­fi­cial ca­das­tral sur­vey.

¹ For land re­gister pur­poses the can­tons are di­vided in­to dis­tricts.

² Im­mov­able prop­erty is entered in the re­gister for the dis­trict in which it is situ­ated.

¹ Im­mov­able prop­erty that lies in more than one dis­trict is entered in the re­gister of each dis­trict, with ref­er­ence be­ing made to the re­gister of the oth­er dis­tricts.

² Entries which es­tab­lish rights are to be made in the re­gister of the dis­trict in which the largest part of the prop­erty is situ­ated.

³ Entries in this land re­gister will be no­ti­fied by the re­gis­trar to the oth­er land re­gister of­fices.

¹ The can­tons are re­spons­ible for set­ting up the land re­gister of­fices, the de­marc­a­tion of the dis­tricts, the ap­point­ment and re­mu­ner­a­tion of of­fi­cials and su­per­vi­sion ar­range­ments.

² The reg­u­la­tions is­sued by the can­tons, save for those con­cern­ing the ap­point­ment and re­mu­ner­a­tion of of­fi­cials, are sub­ject to ap­prov­al by the Con­fed­er­a­tion.⁶⁹⁰

¹ The can­tons may levy fees for entry in the land re­gister and for the ne­ces­sary sur­veys.

² No charge may be made for entries re­lat­ing to land im­prove­ments or to land ex­changes for the pur­pose of ag­ri­cul­tur­al con­sol­id­a­tion.

¹ The can­tons are li­able for any dam­age arising from the main­ten­ance of the land re­gister.

² They have a right of re­course against the land re­gister of­fi­cials and em­ploy­ees and against the im­me­di­ate su­per­vis­ory bod­ies if they are at fault.

³ They may re­quire the of­fi­cials and em­ploy­ees to provide se­cur­ity.

¹ The man­age­ment of the land re­gister of­fices is sub­ject to the ad­min­is­trat­ive su­per­vi­sion of the can­tons.

² The Con­fed­er­a­tion ex­er­cises the su­per­vis­ory con­trol.

¹ A rul­ing is­sued by the land re­gister of­fice may be con­tested be­fore an au­thor­ity des­ig­nated by the can­ton; a rul­ing in­cludes the un­law­ful re­fus­al to carry out or delay in car­ry­ing out an of­fi­cial act.

² The fol­low­ing per­sons are en­titled to ap­peal:

1.

any per­son who suf­fers par­tic­u­lar pre­ju­dice due to a rul­ing is­sued by the land re­gister of­fice and who has a le­git­im­ate in­terest in its re­voc­a­tion or amend­ment;

2.

the can­ton­al ad­min­is­trat­ive su­per­vis­ory au­thor­ity it has a right of ap­peal un­der can­ton­al law;

3.

the fed­er­al su­per­vis­ory au­thor­ity.

³ No ap­peal may be brought against an entry, amend­ment or de­le­tion of rights in rem or pri­or­ity no­tices ex­ecuted in the main re­gister.

¹ The peri­od with­in which an ap­peal to the can­ton­al ap­pel­late au­thor­it­ies must be filed amounts to 30 days.

² Where the land re­gister of­fice re­fuses to carry out or delays in car­ry­ing out a spe­cif­ic of­fi­cial act, however, an ap­peal may be filed at any time.

The fol­low­ing rights to im­mov­able prop­erty are re­cor­ded in the land re­gister:

1.

own­er­ship;

2.

ease­ments and real bur­dens;

3.

li­ens.

¹ Per­son­al rights may be entered un­der pri­or­ity no­tice in the land re­gister where such no­tices are ex­pressly provided for by law, as is the case for a right of pre-emption, right of re­pur­chase, right of pur­chase, usu­fructu­ary lease and ten­ancy.

² By vir­tue of be­ing entered un­der pri­or­ity no­tice, they may be in­voked against any rights sub­sequently ac­quired.

¹ Re­stric­tions on powers of dis­pos­al may be entered un­der pri­or­ity no­tice for in­di­vidu­al par­cels of land if they res­ult from:

1.

an of­fi­cial or­der made to se­cure dis­puted or en­force­able claims;

2.⁶⁹⁶

a dis­traint or­der;

3.⁶⁹⁷

a case in which entry un­der pri­or­ity no­tice is en­vis­aged by law, such as a re­main­der­man’s ex­pect­ancy.

² On entry un­der pri­or­ity no­tice, the re­stric­tions on powers of dis­pos­al be­come ef­fect­ive against all sub­sequently ac­quired rights.

¹ Pro­vi­sion­al entries may be made in the land re­gister:

1.

in or­der to se­cure as­ser­ted rights in rem;

2.

in the cases where the law per­mits the ap­plic­ant to com­plete his or her ap­plic­a­tion.

² They are made either with the con­sent of all in­ter­ested parties or by court or­der and the right, provided it is later con­firmed, be­comes ef­fect­ive in rem as of the date of the pro­vi­sion­al entry.

³ The court rules on the ap­plic­a­tion and, provided the ap­plic­ant sat­is­fies the court of his or her en­ti­tle­ment, ap­proves the pro­vi­sion­al entry, pre­cisely spe­cify­ing its nature, dur­a­tion and ef­fect and, where ne­ces­sary, set­ting a time lim­it with­in which the ap­plic­ant must bring an ac­tion to as­sert his or her rights.⁶⁹⁸

A pri­or­ity no­tice in the land re­gister does not pre­clude the re­gis­tra­tion of a right with a sub­or­din­ate rank.

¹ The state au­thor­ity or an­oth­er pub­lic body must ar­range for a pub­lic law re­stric­tion on own­er­ship ordered in re­spect of a spe­cif­ic prop­erty that im­poses a per­man­ent re­stric­tion on use or power of dis­pos­al or duty re­lat­ing to the prop­erty on the own­er to be noted in the land re­gister.

² Where the re­stric­tion on own­er­ship ceases to ap­ply, the state au­thor­ity or the oth­er pub­lic body must ar­range for the note to be de­leted from the land re­gister. If the state au­thor­ity or the oth­er pub­lic body fails to act, the land re­gister of­fice may de­lete the note ex of­fi­cio.

³ The Fed­er­al Coun­cil shall stip­u­late the areas of can­ton­al law in which re­stric­tions on own­er­ship must be noted in the land re­gister. The can­tons may provide for ad­di­tion­al notes. They shall draw up a list of cir­cum­stances re­quir­ing a note, which must be passed on to the Con­fed­er­a­tion.

The fol­low­ing may be noted in the land re­gister:

1.

the stat­utory rep­res­ent­at­ive at his or her re­quest or at the re­quest of the com­pet­ent au­thor­ity;

2.

the es­tate ad­min­is­trat­or, the rep­res­ent­at­ive of the heirs, the of­fi­cial li­quid­at­or and the ex­ecut­ors at their re­quest or at the re­quest of the heirs or the com­pet­ent au­thor­ity;

3.

the rep­res­ent­at­ive of an own­er, charge cred­it­or or ease­ment be­ne­fi­ciary whose where­abouts are un­known at his or her re­quest or at the re­quest of the court;

4.

the rep­res­ent­at­ive of a leg­al en­tity or oth­er rights hold­er in the ab­sence of the re­quired man­age­ment body at his or her re­quest or at the re­quest of the court;

5.

the ad­min­is­trat­or of a con­domin­i­um as­so­ci­ation at his or her re­quest or at the re­quest of the con­domin­i­um own­ers meet­ing or of the court.

¹ Entries in the land re­gister are based on a writ­ten de­clar­a­tion by the own­er of the im­mov­able prop­erty to which the entry relates.

² No de­clar­a­tion by the own­er is re­quired where the ac­quirer may rely on a pro­vi­sion of the law, a fi­nal court judg­ment or a doc­u­ment hav­ing ef­fect equal to that of a court judg­ment.

³ The of­fi­cials au­thor­ised to ex­ecute pub­lic deeds may be in­struc­ted by the can­tons to no­ti­fy the trans­ac­tions cer­ti­fied by such deeds for entry in the land re­gister.

¹ Amend­ment or de­le­tion of an entry in the land re­gister re­quires an de­clar­a­tion in writ­ing by the per­son whose en­ti­tle­ment res­ults from the entry.

² Such ap­plic­a­tion may be made by sign­ing the journ­al.

¹ A dis­pos­i­tion in the land re­gister, such as an entry, amend­ment or de­le­tion, may be made only on the basis of doc­u­ments es­tab­lish­ing the right to make such dis­pos­i­tion and its leg­al basis.

² Au­thor­ity to re­quest a dis­pos­i­tion is es­tab­lished by proof that the ap­plic­ant is the per­son en­titled by vir­tue of the entry in the land re­gister or has been duly ves­ted with a power of at­tor­ney by said per­son.

³ The leg­al basis for the re­ques­ted dis­pos­i­tion is es­tab­lished by proof that the form­al re­quire­ments have been ob­served.

¹ Where the doc­u­ment­a­tion re­quired for a dis­pos­i­tion in the land re­gister is not forth­com­ing, the ap­plic­a­tion is re­jec­ted.

² However, provided the leg­al basis is es­tab­lished and the ap­plic­a­tion lacks only cer­tain doc­u­ments, a pro­vi­sion­al entry may be made with the own­er’s con­sent or by court or­der.

¹ The entries in the main re­gister are made in the or­der in which ap­plic­a­tions are re­ceived or in which cer­ti­fic­a­tions and de­clar­a­tions are signed by the land re­gis­trar.

² In­ter­ested parties will be provided on re­quest with an ex­tract of the entry.

³ The form­al re­quire­ments for entries, de­le­tions and ex­tracts are reg­u­lated by the Fed­er­al Coun­cil.

Ease­ments are entered and de­leted on the fo­li­os of both the dom­in­ant and ser­vi­ent prop­er­ties.

¹ The re­gis­trar must no­ti­fy in­ter­ested parties of all dis­pos­i­tions in the land re­gister made without their know­ledge; he or she shall, in par­tic­u­lar, no­ti­fy any ac­quis­i­tion of own­er­ship by a third party to parties with rights of pre-emption which are entered un­der pri­or­ity no­tice in the land re­gister or to parties with rights which ex­ist by law and are evid­ent from the land re­gister.⁷⁰²

² The time lim­it for chal­len­ging such dis­pos­i­tions be­gins on re­ceipt of such no­ti­fic­a­tion.

¹ Any per­son show­ing a le­git­im­ate in­terest is en­titled to con­sult the land re­gister or to be provided with an ex­tract.

² A per­son is en­titled to ob­tain the fol­low­ing in­form­a­tion from the main re­gister without show­ing a le­git­im­ate in­terest:

1.

the name and de­scrip­tion of the im­mov­able prop­erty;

2.

the name and iden­tity of the own­er;

3.

the form of own­er­ship and the date of ac­quis­i­tion.

³ The Fed­er­al Coun­cil shall spe­cify oth­er par­tic­u­lars of ease­ments, real bur­dens and no­tices in the re­gister which may be made pub­lic without the need to show a le­git­im­ate in­terest. It shall pay due re­gard to the pro­tec­tion of per­son­al pri­vacy.

⁴ An ob­jec­tion based on ig­nor­ance of a land re­gister entry is in­ad­miss­ible.

¹ The can­tons may provide that all ac­quis­i­tions of im­mov­able prop­erty be pub­lished.

² They may not pub­lish the con­sid­er­a­tion in­volved in a di­vi­sion of es­tate, an ad­vance against a per­son’s share of an in­her­it­ance, a mar­it­al agree­ment or a li­quid­a­tion of mar­it­al prop­erty.

¹ Where the es­tab­lish­ment of a right in rem is sub­ject to entry in the land re­gister, such right has ef­fect in rem only if it has been entered.

² With­in the lim­its of such entry, the scope of a right may be es­tab­lished by sup­port­ing doc­u­ments or in some oth­er man­ner.

¹ Rights in rem are es­tab­lished and as­signed their rank and date by vir­tue of be­ing entered in the main re­gister.

² The entry has ret­ro­act­ive ef­fect as of its re­cord­ing in the journ­al, provided the sup­port­ing doc­u­ments re­quired by law are in­cluded with the ap­plic­a­tion or, in the case of pro­vi­sion­al entries, are sub­mit­ted in good time.

³ In can­tons where the re­gis­trar draws up pub­lic deeds by means of an entry in an of­fi­cial re­cord of title, such a re­cord con­sti­tutes entry in the journ­al.

¹ Any per­son who, re­ly­ing in good faith on an entry in the land re­gister, has ac­quired prop­erty or any oth­er right in rem in re­li­ance there­on, is pro­tec­ted in such ac­quis­i­tion.

² This rule does not ap­ply to bound­ar­ies of land in areas des­ig­nated by the can­tons as be­ing in per­man­ent danger of ground dis­place­ment.⁷⁰⁵

¹ If the entry of a right in rem is un­war­ran­ted, a third party who is or ought to be aware there­of may not rely on the entry.

² An entry is un­war­ran­ted if it is without leg­al basis or was made on the basis of an in­val­id trans­ac­tion.

³ A per­son whose rights in rem are in­fringed by such an entry may in­voke its de­fect­ive­ness dir­ectly against the third party act­ing in bad faith.

¹ If a prop­erty is di­vided, the ease­ments, pri­or­ity no­tices and notes for each di­vided part must be re­vised.

² The own­er of the prop­erty be­ing di­vided must ad­vise the land re­gister of­fice which entries to de­lete and which to trans­fer to the di­vided parts. If this is not done, the ap­plic­a­tion must be re­jec­ted.

³ Where an entry ac­cord­ing to the sup­port­ing doc­u­ments or the cir­cum­stances does not re­late to a di­vided part, it must be de­leted. The pro­ced­ure is gov­erned by the reg­u­la­tions on the de­le­tion of an entry.

¹ Two or more par­cels of land be­long­ing to one own­er may only be con­sol­id­ated if no mort­gage rights or real bur­dens have to be trans­ferred from the in­di­vidu­al par­cels to the con­sol­id­ated prop­erty or if the cred­it­or con­sents.

² If ease­ments, pri­or­ity no­tices or notes en­cum­ber­ing the prop­erty must be re­cor­ded, they may be con­sol­id­ated only if the be­ne­fi­ciar­ies con­sent or if their rights are not pre­ju­diced due to the nature of the en­cum­brance.

³ If ease­ments, pri­or­ity no­tices or notes be­ne­fit­ing the prop­erty real es­tate must be re­cor­ded, they may only be con­sol­id­ated if the own­er of the ser­vi­ent prop­erty con­sents or if the en­cum­brance is not in­creased by con­sol­id­a­tion.

⁴ The pro­vi­sions on re­vi­sion on the di­vi­sion of prop­erty ap­ply by ana­logy.

¹ Where an entry of a right in rem is un­war­ran­ted or a cor­rect entry has been de­leted or mod­i­fied in an un­war­ran­ted man­ner, any per­son whose rights in rem are thereby in­fringed may bring an ac­tion for de­le­tion or amend­ment of the entry.

² Rights in rem ac­quired in good faith by third parties re­ly­ing on the entry and claims for dam­ages are re­served.

The land re­gister may de­lete an entry ex of­fi­cio if the entry:

1.

is lim­ited in time and has lost its leg­al sig­ni­fic­ance as it has ex­pired;

2.

relates to a non-as­signable or non-her­it­able right of a de­ceased per­son;

3.

can­not af­fect the prop­erty due to the loc­al situ­ation;

4.

relates to a prop­erty that no longer ex­ists.

¹ If an entry in all prob­ab­il­ity has no leg­al im­port­ance, in par­tic­u­lar be­cause ac­cord­ing to the sup­port­ing doc­u­ments or the cir­cum­stances it does not re­late to the prop­erty, then any per­son en­cumbered may re­quest its de­le­tion.

² If the land re­gister of­fice re­gards the re­quest as jus­ti­fied, it shall in­form the be­ne­fi­ciary that it will de­lete the entry un­less he or she files an ob­jec­tion with land re­gister of­fice with­in 30 days.

¹ If the be­ne­fi­ciary files an ob­jec­tion, the land re­gister of­fice shall re­as­sess the re­quest for de­le­tion at the re­quest of the en­cumbered per­son.

² If the land re­gister of­fice con­cludes that the re­quest should be gran­ted des­pite the ob­jec­tion, it shall no­ti­fy the be­ne­fi­ciary that it will de­lete the entry from the main re­gister un­less the be­ne­fi­ciary brings a court ac­tion to de­clare that the entry is of leg­al sig­ni­fic­ance.

¹ If con­di­tions have changed in fact or law in a spe­cif­ic area and as a res­ult a large num­ber of ease­ments, pri­or­ity no­tices or notes have com­pletely or largely lapsed or if the situ­ation can no longer be de­term­ined, the au­thor­ity des­ig­nated by the can­ton may or­der a re­vi­sion in this area.

² This or­der must be noted in the cor­res­pond­ing land re­gister fo­li­os.

³ The can­tons shall reg­u­late the de­tails and the pro­ced­ure. They may fur­ther sim­pli­fy the re­vi­sion pro­ced­ure or is­sue reg­u­la­tions that de­vi­ate from fed­er­al law.

¹ Un­less the in­ter­ested parties con­sent in writ­ing, the land re­gis­trar may cor­rect the re­gister only in ac­cord­ance with a court or­der.

² In­stead of cor­rect­ing an un­war­ran­ted entry, the re­gis­trar may de­lete it and make a new one.

³ The land re­gis­trar may cor­rect ty­po­graph­ic­al er­rors of his or her own ac­cord in ac­cord­ance with reg­u­la­tions to be is­sued by the Fed­er­al Coun­cil.

¹ When this Code comes in­to force, the leg­al ef­fects of cir­cum­stances which oc­curred pre­vi­ously re­main sub­ject to those pro­vi­sions of fed­er­al or can­ton­al law which were ap­plic­able when the cir­cum­stances oc­curred.

² Ac­cord­ingly, the leg­ally bind­ing nature and con­sequences of acts which took place be­fore the com­mence­ment here­of re­main sub­ject to the law which was ap­plic­able at the time.

³ However, cir­cum­stances oc­cur­ring after the com­mence­ment here­of are sub­ject to the new law, un­less this Code provides oth­er­wise.

¹ The pro­vi­sions of this Code spe­cific­ally en­acted in the in­terests of pub­lic policy and good mor­als ap­ply when it comes in­to force to all cir­cum­stances, un­less this Code provides oth­er­wise.

² Ac­cord­ingly, pro­vi­sions of the pre­vi­ous law which un­der the new law are deemed to con­tra­vene pub­lic policy and good mor­als cease to ap­ply when the new law comes in­to force.

When this Code comes in­to force, leg­al re­la­tion­ships whose con­tent is defined by law ir­re­spect­ive of the will of the parties con­cerned are sub­ject to the new law, even if pre­vi­ously such re­la­tion­ships were val­id.

The leg­al ef­fects of cir­cum­stances which oc­curred while the pre­vi­ous law was still in force and which en­joy no pro­tec­tion un­der the new law are sub­ject to the lat­ter once it has come in­to force.

¹ Ca­pa­city to act shall be as­sessed in all cases in ac­cord­ance with the pro­vi­sions of this Code.

² However, any per­son who has the ca­pa­city to act un­der the pre­vi­ous law when this Code comes in­to force but who would not have the ca­pa­city to act un­der the new law will also be re­cog­nised as hav­ing the ca­pa­city to act when this Code comes in­to force.

¹ The de­clar­a­tion of pre­sumed death be­comes sub­ject to the new law when this Code comes in­to force.

² When this Code comes in­to force, de­clar­a­tions of death or ab­sence un­der the pre­vi­ous law have the same ef­fects as a de­clar­a­tion of pre­sumed death un­der the new law, but the con­sequences that have oc­curred un­der the pre­vi­ous law pri­or to this Code com­ing in­to force, such as suc­ces­sion or dis­sol­u­tion of mar­riage, re­main val­id.

³ Pro­ceed­ings pending when the new law comes in­to force shall be re­star­ted in ac­cord­ance with the pro­vi­sions of this Code, tak­ing ac­count of the time that has elapsed, or, if re­ques­ted by the parties, con­cluded in ac­cord­ance with the pre­vi­ous pro­ced­ure, re­spect­ing the pre­vi­ous dead­lines.

¹ The Fed­er­al Coun­cil reg­u­lates the trans­ition from the former pro­ced­ure for keep­ing the civil re­gister to the elec­tron­ic civil re­gister.

² The Con­fed­er­a­tion as­sumes the cap­it­al in­vest­ment costs up to an amount of 5 mil­lion francs.

¹ As­so­ci­ations of per­sons and in­sti­tu­tions or found­a­tions that had ac­quired leg­al per­son­al­ity un­der the pre­vi­ous law, re­tain their per­son­al­ity un­der the new law even where they would not ac­quire leg­al per­son­al­ity un­der the new law.

² Ex­ist­ing leg­al en­tit­ies that re­quire to be entered in the pub­lic re­gister in ac­cord­ance with this Code must re­gister with­in five years of the com­mence­ment of the new law even if no pro­vi­sion was made for re­gis­tra­tion un­der the pre­vi­ous law and are no longer re­cog­nised as leg­al en­tit­ies on ex­piry of this time lim­it.

^2bis Re­li­gious found­a­tions and fam­ily found­a­tion that are not entered in the com­mer­cial re­gister when the Amend­ment of 12 Decem­ber 2014 (Art. 52 para. 2) comes in­to force con­tin­ue to be re­cog­nised as leg­al en­tit­ies. They must be entered in the com­mer­cial re­gister with­in five years of the Amend­ment com­ing in­to force. The Fed­er­al Coun­cil shall take the spe­cial cir­cum­stances of re­li­gious found­a­tions in­to ac­count when de­term­in­ing the re­quire­ments for entry in the com­mer­cial re­gister.⁷¹⁹

³ The status of the leg­al per­son­al­ity of all leg­al en­tit­ies is de­term­ined by the new law as soon as this Code comes in­to force.

Ex­ist­ing as­so­ci­ations in ac­cord­ance with Art­icle 61 para­graph 2 must meet the re­quire­ments spe­cified in Art­icles 61a and 69 para­graph 2 with­in 18 months of the Amend­ment of 19 March 2021 com­ing in­to force. Ex­ist­ing as­so­ci­ations in ac­cord­ance with Art­icle 61 para­graph 2 num­ber 3 must also be entered in the com­mer­cial re­gister with­in this peri­od.

The pro­vi­sions of the Amend­ment of 16 Decem­ber 2005⁷²² re­lat­ing to ac­count­ing and aud­it­ors ap­ply from first fin­an­cial year that be­gins on or after the com­mence­ment of this Code.

The new law ap­plies to pro­ceed­ings that are already pending when the amend­ment of 14 Decem­ber 2018 comes in­to force.

¹ The new law ap­plies to mar­riage as soon as the Fed­er­al Act of 26 June 1998⁷²⁵ has come in­to force.

² Mar­riages sub­ject to grounds for an­nul­ment un­der the pre­vi­ous law may, once the new law has come in­to force, only be an­nulled un­der the new law. However the peri­od that has lapsed be­fore this date will be taken in­to ac­count in de­term­in­ing time lim­its.

¹ Di­vorce pro­ceed­ings are gov­erned by the new law as soon as the Fed­er­al Act of 26 June 1998⁷²⁷ has come in­to force.

² Di­vorces that had taken full leg­al ef­fect un­der the pre­vi­ous law re­main val­id; the new pro­vi­sions on en­force­ment ap­ply to peri­od­ic main­ten­ance pay­ments or lump sum set­tle­ment that are fixed as an al­tern­at­ive to main­ten­ance or as a main­ten­ance con­tri­bu­tion.

³ Any amend­ment of the di­vorce de­cree is car­ried out in ac­cord­ance with the pre­vi­ous law with the ex­cep­tion of the pro­vi­sions on chil­dren and pro­ced­ur­al mat­ters.

¹ The new law ap­plies to di­vorce pro­ceed­ings that are pending on the com­mence­ment of the Fed­er­al Act of 26 June 1998⁷²⁹ and which must be judged by a can­ton­al au­thor­ity.

² New leg­al re­quests that are re­quired due to the change in the ap­plic­able law are per­mit­ted; un­con­tested parts of the judg­ment re­main bind­ing, un­less they are ma­ter­i­ally so closely con­nec­ted with the re­quests that re­main to be judged that it makes sense to re­as­sess the en­tire case

³ The Fed­er­al Su­preme Court de­cides in ac­cord­ance with the pre­vi­ous law in cases where the con­tested judg­ment was is­sued be­fore the com­mence­ment of the Fed­er­al Act of 26 June 1998; this also ap­plies if the case is re­ferred back to the can­ton­al au­thor­ity.

For di­vorce pro­ceed­ings that are pending on com­mence­ment of the Amend­ment of 19 Decem­ber 2003⁷³¹ and must be judged by a can­ton­al au­thor­ity, the peri­od of sep­ar­a­tion un­der the new law ap­plies.

¹ The new law on oc­cu­pa­tion­al pen­sions on di­vorce ap­plies as soon as the amend­ment of 19 June 2015 comes in­to force.

² The new law ap­plies to di­vorce cases pending be­fore a can­ton­al court at the time when the amend­ment of 19 June 2015 comes in­to force.

³ When the con­tested de­cision was made be­fore the amend­ment of 19 June 2015 came in­to force, the Fed­er­al Su­preme Court shall de­cide un­der pre­vi­ous law; this also ap­plies when a case is re­ferred back to the can­ton­al court.

¹ If on di­vorce un­der the pre­vi­ous law the court, when de­cid­ing on the equit­able di­vi­sion of pen­sions, has awar­ded com­pens­a­tion to the en­titled spouse in the form of a pen­sion that ter­min­ates on the death of the li­able or the en­titled spouse, the en­titled spouse may, with­in one year of the amend­ment of 19 June 2015 com­ing in­to force, de­mand that he or she be gran­ted a life-long pen­sion in ac­cord­ance with Art­icle 124a in­stead, should the li­able spouse draw an old-age pen­sion or an in­valid­ity pen­sion after the com­mence­ment of the stat­utory pen­sion age.

² In the case of de­cisions made abroad, jur­is­dic­tion is de­term­ined by Art­icle 64 of the Fed­er­al Act of 18 Decem­ber 1987⁷³⁴ on In­ter­na­tion­al Private Law.

³ Any pen­sion pay­ments already made un­der pre­vi­ous law are con­sidered part of the pen­sion awar­ded.

For the ef­fects of the mar­riage in gen­er­al, the new law ap­plies as soon as the Fed­er­al Act of 5 Oc­to­ber 1984 has come in­to force.

A spouse who changed his or her name on mar­riage be­fore the amend­ment to this Code of 30 Septem­ber 2011 came in­to force may de­clare to the civil re­gis­trar at any time that he or she wishes to use his or her name be­fore mar­riage again.

A Swiss wo­man who mar­ried un­der the pre­vi­ous law may with­in one year of the new law com­ing in­to force de­clare to the com­pet­ent au­thor­ity of her former can­ton of ori­gin that she wishes to re­tain the cit­izen­ship that she held as a single wo­man.

The leg­al ef­fects on mar­it­al prop­erty of mar­riages con­trac­ted be­fore 1 Janu­ary 1912 are gov­erned by the pro­vi­sions of the Civil Code on the ap­plic­a­tion of the pre­vi­ous and new law that came in­to force on that day.

¹ The new law ap­plies to mar­riages that ex­ist when the Fed­er­al Act of 5 Oc­to­ber 1984 comes in­to force, un­less oth­er­wise provided.

² The leg­al ef­fects on mar­it­al prop­erty of mar­riages that were dis­solved be­fore the Fed­er­al Act of 5 Oc­to­ber 1984 came in­to force are gov­erned by the pre­vi­ous law.

¹ Spouses who have hitherto been sub­ject to a uni­on of prop­erty re­gime are now sub­ject to the reg­u­la­tions on par­ti­cip­a­tion in ac­quired prop­erty in re­la­tion to each oth­er and to third parties.

² The as­sets of each spouse be­come his or her own prop­erty or ac­quis­i­tions in ac­cord­ance with the reg­u­la­tions on par­ti­cip­a­tion in ac­quired prop­erty; sep­ar­ate prop­erty in terms of a mar­it­al agree­ment be­comes per­son­al as­sets.

³ The wife re­claims the prop­erty she brought in­to the mar­riage that be­came her hus­band's prop­erty or makes a claim for com­pens­a­tion.

In the event of the hus­band's bank­ruptcy and the dis­traint of his as­sets, the pre­vi­ous pro­vi­sions on the wife's right to com­pens­a­tion in re­spect of prop­erty that she has brought in­to the mar­riage and which is no longer avail­able con­tin­ue to ap­ply for ten years after the new law comes in­to force.

¹ After the new law comes in­to force, the di­vi­sion of mar­it­al prop­erty between the spouses is gov­erned for the en­tire dur­a­tion of the pre­vi­ous and the new stat­utory mar­it­al prop­erty re­gime by the reg­u­la­tions on par­ti­cip­a­tion in ac­quired prop­erty, un­less the spouses have com­pleted the di­vi­sion of mar­it­al prop­erty in ac­cord­ance with the pro­vi­sions on uni­on of prop­erty at the time when the new law comes in­to force.

² Be­fore the new law comes in­to force, either spouse may give writ­ten no­tice to the oth­er that the cur­rent mar­it­al prop­erty re­gime of uni­on of prop­erty must be dis­solved in ac­cord­ance with the pre­vi­ous law.

³ If the mar­it­al prop­erty re­gime is dis­solved be­cause an ac­tion filed be­fore the new law comes in­to force is up­held, the di­vi­sion of mar­it­al prop­erty is gov­erned by the pre­vi­ous law.

¹ Spouses sub­ject to the stat­utory mar­it­al prop­erty re­gime of uni­on of prop­erty who have not changed this mar­it­al prop­erty re­gime by mar­it­al agree­ment may by one year at the latest after the new law comes in­to force elect to re­tain the uni­on of prop­erty re­gime by fil­ing a joint writ­ten de­clar­a­tion with the mar­it­al prop­erty re­gister of­fice at their dom­i­cile; the mar­it­al prop­erty re­gister of­fice shall main­tain a re­gister of such de­clar­a­tions that any­one may in­spect.

² The mar­it­al prop­erty re­gime may only be cited in op­pos­i­tion to a third party if that third party is or should be aware of it.

³ The new reg­u­la­tions on the sep­ar­a­tion of prop­erty ap­ply in fu­ture to the spouses' sep­ar­ate prop­erty.

In the case of a sep­ar­a­tion of prop­erty es­tab­lished by op­er­a­tion of the law or by court or­der, the spouses are sub­ject to the new pro­vi­sions on the sep­ar­a­tion of prop­erty.

¹ In the case of same-sex mar­ried couple who were mar­ried abroad be­fore the Amend­ment of 18 Decem­ber 2020 came in­to full leg­al force, the stat­utory mar­it­al prop­erty re­gime of par­ti­cip­a­tion in ac­quired prop­erty ap­plies ret­ro­spect­ively from the date of mar­riage, un­less the couple agrees oth­er­wise by mar­it­al agree­ment or prop­erty agree­ment.

² Be­fore this Amend­ment comes in­to force in full, either spouse may give writ­ten no­tice to the oth­er that the cur­rent mar­it­al prop­erty re­gime will be main­tained in ac­cord­ance with Art­icle 18 of the Same-Sex Part­ner­ship Act of 18 June 2004⁷⁴⁸ (SSPA) un­til the date of full entry in­to force.

³ The cur­rent mar­it­al prop­erty re­gime in ac­cord­ance with Art­icle 18 SSPA shall also be re­tained if an ac­tion seek­ing to dis­solve the mar­it­al prop­erty re­gime un­der Swiss law is pending when this Amend­ment comes in­to full leg­al force.

⁴ The related ordinances shall provide that married couples who so wish shall be mentioned as husband and wife or as father and mother in relation to their children on documents, deeds and forms.

¹ If the spouses have entered in­to a mar­it­al agree­ment in ac­cord­ance with the Civil Code, this mar­it­al agree­ment con­tin­ues to ap­ply and their en­tire mar­it­al prop­erty re­gime con­tin­ues to be gov­erned by the pre­vi­ous law, sub­ject to the re­ser­va­tion of the pro­vi­sions of this Title on sep­ar­ate prop­erty, leg­al ef­fect on third parties and the con­trac­tu­al sep­ar­a­tion of prop­erty.

² The new reg­u­la­tions on the sep­ar­a­tion of prop­erty ap­ply in fu­ture to the spouses' sep­ar­ate prop­erty.

³ Agree­ments on par­ti­cip­a­tion in a sur­plus or de­fi­cit in the case of a uni­on of prop­erty re­gime must not ad­versely af­fect the right to claim the stat­utory en­ti­tle­ments of chil­dren who are not the com­mon is­sue of the spouses or those of the is­sue of such chil­dren.

¹ The mar­it­al prop­erty re­gime may only be cited in op­pos­i­tion to a third party if that third party is or should be aware of it.

² If the mar­it­al prop­erty agree­ment has no leg­al ef­fect in re­la­tion to third parties, the pro­vi­sions on par­ti­cip­a­tion in ac­quired prop­erty ap­ply from now on in re­la­tion to such parties.

¹ Spouses sub­ject to a uni­on of prop­erty re­gime who have changed this mar­it­al prop­erty re­gime by mar­it­al agree­ment may by one year at the latest after the new law comes in­to force elect to make their leg­al rights sub­ject to the new stat­utory mar­it­al prop­erty re­gime of par­ti­cip­a­tion in ac­quired prop­erty by fil­ing of a joint writ­ten de­clar­a­tion with mar­it­al prop­erty re­gister of­fice at their dom­i­cile.

² In this event, the con­trac­tu­al share of the sur­plus shall in fu­ture ap­ply to the total amount of the sur­plus of both spouses, un­less a mar­it­al prop­erty agree­ment provides oth­er­wise.

If the spouses agreed to a sep­ar­a­tion of prop­erty un­der the pre­vi­ous law, they are sub­ject in fu­ture to the new pro­vi­sions on the sep­ar­a­tion of prop­erty.

Mar­it­al agree­ments con­cluded be­fore the Fed­er­al Act of 5 Oc­to­ber 1984 comes in­to force but which are in­ten­ded to take ef­fect only un­der the new law do not re­quire the ap­prov­al of the child pro­tec­tion au­thor­ity.

¹ After the Fed­er­al Act of 5 Oc­to­ber 1984 comes in­to force, no fur­ther entries will be made in the re­gister of mar­it­al prop­erty.

² The right to in­spect the re­gister con­tin­ues to ap­ply.

If a sep­ar­a­tion of as­sets un­der the law of mar­it­al prop­erty in con­nec­tion with the new law com­ing in­to force causes ser­i­ous dif­fi­culties for a spouse who is li­able to pay debts or the re­place prop­erty that is due, he or she may re­quest ad­di­tion­al time to pay; the debt must be se­cured if this is jus­ti­fied by the cir­cum­stances.

If the mar­it­al prop­erty rights change when the Fed­er­al Act of 5 Oc­to­ber 1984 comes in­to force, the pro­vi­sions on the pro­tec­tion the cred­it­ors in the event of a change in the mar­it­al prop­erty re­gime gov­ern li­ab­il­ity.

¹ As soon as this Code comes in­to force, the es­tab­lish­ment and ef­fects of the par­ent-child re­la­tion­ship are gov­erned by the new law; the sur­name and the cit­izen­ship ac­quired un­der pre­vi­ous law are re­tained.

² Chil­dren who are sub­ject to par­ent­al au­thor­ity by op­er­a­tion of the new law but who are un­der guard­i­an­ship when the new law comes in­to force must be placed un­der par­ent­al au­thor­ity no later than one year after that date un­less the con­trary was ordered un­der the pro­vi­sions on the with­draw­al of par­ent­al of au­thor­ity.

³ A trans­fer or with­draw­al of par­ent­al au­thor­ity of­fi­cially ordered un­der the pre­vi­ous law re­mains ef­fect­ive after the new law comes in­to force.

⁴ When the Amend­ment of 21 June 2013 comes in­to force, if par­ent­al re­spons­ib­il­ity is as­signed to only one par­ent, the oth­er par­ent may with­in one year of this Amend­ment com­ing in­to force re­quest the com­pet­ent au­thor­ity to or­der joint par­ent­al re­spons­ib­il­ity. Art­icle 298b ap­plies mu­tatis mutandis.⁷⁵⁸

⁵ A par­ent whose par­ent­al re­spons­ib­il­ity is re­voked on di­vorce may file a re­quest with the com­pet­ent court only if the di­vorce was de­creed less than five years be­fore the Amend­ment of 21 June 2013 comes in­to force.⁷⁵⁹

¹ An ad­op­tion pro­nounced be­fore the new pro­vi­sions of the Fed­er­al Act of 30 June 1972 on the Amend­ment of the Swiss Civil Code come in­to force con­tin­ues to be gov­erned by the law that came in­to force on 1 Janu­ary 1912⁷⁶¹; con­sents val­idly giv­en in ac­cord­ance with this law re­main ef­fect­ive in every case.

² Per­sons who are not yet 20 years old when the Fed­er­al Act of 7 Oc­to­ber 1994 comes in­to force may still be ad­op­ted in ac­cord­ance with the pro­vi­sions on minor­ity after at­tain­ing ma­jor­ity provided the ap­plic­a­tion is filed with­in two years of the Fed­er­al Act com­ing in­to force and of their 20^th birth­day.⁷⁶²

The new law ap­plies to ad­op­tion pro­ced­ures pending at the time the amend­ment of 17 June 2016 comes in­to force.

The pro­vi­sions of the amend­ment of 17 June 2016 on the con­fid­en­ti­al­ity of ad­op­tion in­form­a­tion, on in­form­a­tion about the bio­lo­gic­al par­ents and their dir­ect des­cend­ants and on the pos­sib­il­ity of ar­ran­ging con­tact between the bio­lo­gic­al par­ents and the child also ap­ply to ad­op­tions which are gran­ted pri­or to the amend­ment com­ing in­to force or which are pending at the time it comes in­to force.

The con­test­ing of a de­clar­a­tion of le­git­im­acy made un­der the pre­vi­ous law is gov­erned by ana­logy by the pro­vi­sions of the new laws on the con­test­ing of re­cog­ni­tion fol­low­ing the par­ents' mar­riage.

¹ Ac­tions pending when the new law comes in­to force are judged in ac­cord­ance with the new law.

² The ef­fects un­til the new law comes in­to force are de­term­ined by the pre­vi­ous law.

¹ If a pe­cu­ni­ary ob­lig­a­tion on the fath­er's part is es­tab­lished by court de­cision or by con­tract be­fore the new law comes in­to force, and if the child has not yet reached the age of ten when the new law comes in­to force, the child may with­in two years bring an ac­tion un­der the pro­vi­sions of the new law to have the par­ent-child re­la­tion­ship de­clared.

² If the De­fend­ant proves that he or she is not the fath­er or is less likely to be the fath­er than an­oth­er per­son, the right to claim fu­ture main­ten­ance lapses.

Any per­son who at­tains ma­jor­ity due to the Fed­er­al Act of 7 Oc­to­ber 1994 com­ing in­to force may in any case file an ac­tion with­in one year to de­clare or chal­lenge the par­ent-child re­la­tion­ship.

The child may ap­ply for the re­vi­sion of any main­ten­ance pay­ments set in an ap­proved main­ten­ance agree­ment or in a de­cision be­fore the amend­ment of 20 March 2015 came in­to force. If they were set at the same time as main­ten­ance pay­ments to one of the par­ents, pay­ments shall only be re­vised if there has been a sub­stan­tial change in cir­cum­stances.

Art. 13c^{bis 771}

¹ The new le­gis­la­tion ap­plies to pro­ceed­ings that are pending at the time of the amend­ment of 20 March 2015 com­ing in­to force.

² When the con­tested de­cision was made be­fore the amend­ment of 20 March 2015 came in­to force, the Fed­er­al Su­preme Court shall de­cide un­der the pre­vi­ous law; this also ap­plies when a case is re­ferred back to the can­ton­al court.

¹ If after the amend­ment to this Code of 30 Septem­ber 2011 comes in­to force the par­ents on the basis of a de­clar­a­tion un­der Art­icle 8a of this Title no longer have the same sur­name, they may de­clare with­in one year of the new law com­ing in­to force that their chil­dren will take the sur­name be­fore mar­riage of the par­ent who made the de­clar­a­tion.

² If the par­ent­al re­spons­ib­il­ity of a child of par­ents who are not mar­ried to each oth­er is trans­ferred to both par­ents or the fath­er alone be­fore the amend­ment to this Code of 30 Septem­ber 2011 comes in­to force, the de­clar­a­tion provided for in Art­icle 270a para­graphs 2 and 3 may be made with­in one year of the new law com­ing in­to force.

³ In ac­cord­ance with Art­icle 270b, this shall be sub­ject to the child's con­sent.

¹ The new law gov­erns adult pro­tec­tion as soon as the Amend­ment of 19 Decem­ber 2008⁷⁷⁴ comes in­to force.

² Per­sons who have been made wards of court un­der the pre­vi­ous law shall be made sub­ject to a gen­er­al deputy­ship un­der the new law. The adult pro­tec­tion au­thor­ity shall ad­apt to the new law as soon as pos­sible. Un­less the au­thor­ity has de­cided oth­er­wise in the case of ex­ten­ded par­ent­al re­spons­ib­il­ity, par­ents are ex­empt from the ob­lig­a­tion to pre­pare an in­vent­ory, re­port and file ac­counts reg­u­larly and to ob­tain con­sent for cer­tain trans­ac­tions.

³ Oth­er meas­ures ordered un­der the pre­vi­ous law cease to ap­ply three years after the Amend­ment of 19 Decem­ber 2008 comes in­to force un­less the adult pro­tec­tion au­thor­ity trans­forms them in­to a meas­ure un­der the new law.

⁴ Where a doc­tor based on Art­icle 397b para­graph 2 in its ver­sion of 1 Janu­ary 1981⁷⁷⁵ ordered the care-re­lated de­ten­tion of a men­tally ill per­son, this meas­ure shall con­tin­ue to ap­ply. The rel­ev­ant in­sti­tu­tion shall no­ti­fy the adult pro­tec­tion au­thor­ity six months at the latest after the new law comes in­to force wheth­er it re­garded the re­quire­ments for hos­pit­al­isa­tion to be met. The adult pro­tec­tion au­thor­ity shall carry out the re­quired en­quir­ies in ac­cord­ance with the pro­vi­sions on reg­u­lar re­view and if ap­plic­able con­firm the hos­pit­al­isa­tion de­cision.

¹ Pending pro­ceed­ings shall be con­tin­ued by the new com­pet­ent au­thor­ity after the Amend­ment of 19 Decem­ber 2008⁷⁷⁷ comes in­to force.

² The new pro­ced­ur­al law ap­plies.

³ The au­thor­ity shall de­cide wheth­er and to what ex­tent the pre­vi­ous pro­ceed­ings re­quire to be amended.

¹ The suc­ces­sion rights and the re­lated and in­sep­ar­able ef­fects on mar­it­al prop­erty un­der can­ton­al law of the death of a fath­er, a moth­er or a spouse are de­term­ined, provided the de­ceased dies be­fore this Code comes in­to force, by the pre­vi­ous law.

² The fore­go­ing ap­plies both to heirs and to suc­ces­sion.

¹ The mak­ing or re­voc­a­tion of a test­a­ment­ary dis­pos­i­tion car­ried out be­fore this Code comes in­to force, if done by a per­son sub­sequently de­ceased who had test­a­ment­ary ca­pa­city un­der the law that ap­plied at the time, may not be con­tested on the grounds that the de­ceased died fol­low­ing the com­mence­ment of the new law and would not have had test­a­ment­ary ca­pa­city un­der its pro­vi­sions.

² A test­a­ment­ary dis­pos­i­tion may not be con­tested due to a form­al de­fect if it com­plies with the pro­vi­sions on form that ap­plied when it was made or at the time of death.

³ The con­test­ing of a dis­pos­i­tion on the grounds that the test­at­or ex­ceeded his or her test­a­ment­ary free­dom or due to the nature of the dis­pos­i­tion is gov­erned in the case of all test­a­ment­ary dis­pos­i­tions by the pro­vi­sions of the new law if the de­ceased died after the com­mence­ment of this Code.

¹ Rights in rem ex­ist­ing when this Code comes in­to force con­tin­ue to be re­cog­nised un­der the new law sub­ject to the re­ser­va­tion of the reg­u­la­tions on the land re­gister.

² However, the scope of rights of own­er­ship and re­stric­ted rights in rem is sub­ject to the new law after this Code comes in­to force un­less the Code provides oth­er­wise.

³ Rights that can no longer be cre­ated un­der the new law re­main sub­ject to the pre­vi­ous law.

¹ Rights to cre­ate a right in rem that were es­tab­lished be­fore this Code comes in­to force are re­cog­nised as val­id provided they cor­res­pond to the form re­quired by the former or the new law.

² The or­din­ance on main­tain­ing the land re­gister de­term­ines what doc­u­ment­ary proof is re­quired for the re­gis­tra­tion of such rights.

³ The scope of a right in rem es­tab­lished be­fore this Code comes in­to force by a leg­al trans­ac­tion re­mains re­cog­nised un­der the new law, provided it is com­pat­ible with the same.

¹ Ad­verse pos­ses­sion is gov­erned by the new law after this Code comes in­to force.

² If however ad­verse pos­ses­sion re­cog­nised un­der the new law has be­gun un­der the pre­vi­ous law, the time that elapsed be­fore this Code comes in­to force is taken in­to ac­count in the cal­cu­lat­ing the peri­od of ad­verse pos­ses­sion.

¹ Ex­ist­ing rights of own­er­ship in re­la­tion to trees on an­oth­er per­son's land con­tin­ue to be re­cog­nised un­der can­ton­al law.

² The can­tons shall have the power to lim­it or re­voke these con­di­tions.

Con­domin­i­um gov­erned by the former can­ton­al law is sub­ject to the new pro­vi­sions of this Code even if the storeys or parts of storeys are not di­vided in­to self-con­tained dwell­ings or busi­ness units.

¹ The can­tons may also make con­domin­i­um re­cor­ded in the land re­gister in forms that ac­cord with the law that came in­to force on 1 Janu­ary 1912 sub­ject to the new reg­u­la­tions on con­domin­i­um.

² The new law be­comes ef­fect­ive when the cor­res­pond­ing amend­ment is made to the entries in the land re­gister.

In or­der to make the con­ver­ted con­domin­i­um sub­ject to the new reg­u­la­tions and to re­gister ex­ist­ing con­domin­i­um, the can­tons may or­der the cor­rec­tion of the land re­gisters and is­sue spe­cial pro­ced­ur­al reg­u­la­tions for this pur­pose.

¹The ease­ments cre­ated be­fore this Code comes in­to force re­main val­id fol­low­ing the in­tro­duc­tion of the land re­gister even if not re­gistered, but un­til re­gistered may not be en­forced against third parties act­ing in good faith.

² Ob­lig­a­tions an­cil­lary to ease­ments that were es­tab­lished be­fore the amend­ment of 11 Decem­ber 2009⁷⁸² came in­to force and which are based solely on land re­gister sup­port­ing doc­u­ments may con­tin­ue to be cited in op­pos­i­tion to third parties who rely on the land re­gister in good faith.⁷⁸³

¹ Doc­u­ments of title ex­ist­ing when this Code comes in­to force re­main in force without hav­ing to be ad­ap­ted to the new law.

² The can­tons have the right to re­quire new ver­sions of ex­ist­ing doc­u­ments of title to be drawn up on the basis of the new law with­in spe­cif­ic time lim­its.

¹ After this Code comes in­to force, new mort­gage rights may only be cre­ated in the forms re­cog­nised herein.

²Un­til the in­tro­duc­tion of the land re­gister, the pre­vi­ous can­ton­al leg­al forms for their cre­ation re­main val­id.

¹ The re­pay­ment and modi­fic­a­tion the title, re­lease from li­ab­il­ity un­der a li­en and such­like are sub­ject to the new pro­vi­sions fol­low­ing the com­mence­ment of the new law.

² However, un­til the in­tro­duc­tion of the land re­gister, the forms are gov­erned by can­ton­al law.

¹ In the case of all mort­gage rights, the ex­tent of li­ab­il­ity un­der the li­en is de­term­ined by the new law.

² However, if by vir­tue of a spe­cial agree­ment the cred­it­or has val­idly re­ceived cer­tain ob­jects with the prop­erty pledged, the li­en con­tin­ues to ap­ply to these ob­jects even if they could not be pledged un­der the new law.

¹ The rights and ob­lig­a­tions of the cred­it­or and of the debt­or in re­la­tion to the con­trac­tu­al ef­fect of li­ens ex­ist­ing when this Code comes in­to force are gov­erned by the pre­vi­ous law.

² In re­la­tion to ef­fects that arise by op­er­a­tion of the law which can­not be mod­i­fied con­trac­tu­ally, the new law also ap­plies to ex­ist­ing li­ens.

³ If the li­en ap­plies to two or more par­cels of land, li­ab­il­ity un­der the li­en con­tin­ues to be gov­erned by the pre­vi­ous law.

The rights of the li­en cred­it­or dur­ing the ex­ist­ing leg­al re­la­tion­ship, such as rights to se­cur­ity, and the rights of the debt­or are gov­erned by the new law in re­la­tion to all li­ens from the time at which this Code comes in­to force.

For li­ens ex­ist­ing when this Code comes in­to force, the ter­min­a­tion of the se­cured debts and the trans­fer the doc­u­ment of title are gov­erned by the pre­vi­ous law, sub­ject to the re­ser­va­tion of the man­dat­ory pro­vi­sions of the new law.

¹ Un­til the in­tro­duc­tion of the land re­gister, the rank­ing of li­ens is gov­erned by the pre­vi­ous law.

² Fol­low­ing the in­tro­duc­tion of the land re­gister, the rank­ing of cred­it­ors is gov­erned by the land re­gister law con­tained in this Code.

¹ In re­la­tion to a fixed rank­ing po­s­i­tion or the right of a cred­it­or to claim a va­cant po­s­i­tion or an ad­vance­ment in rank­ing, the new law ap­plies on the in­tro­duc­tion of the land re­gister and in every case from five years after this Code comes in­to force, sub­ject to the re­ser­va­tion of cred­it­ors' ex­ist­ing spe­cial claims.

² The can­tons may en­act fur­ther trans­ition­al pro­vi­sions.⁷⁸⁴

¹ The can­ton­al im­ple­ment­ing le­gis­la­tion may stip­u­late that in gen­er­al or in a spe­cif­ic leg­al re­la­tion­ship a form of mort­gage un­der the pre­vi­ous law shall be re­garded as equi­val­ent to a form of mort­gage un­der the new law.

² If this oc­curs, the pro­vi­sions of this Code also ap­ply to such can­ton­al li­ens from the date on which the Code comes in­to force.

³ ...⁷⁸⁶