Federal Act on the Amendment of the Swiss Civil Code

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Art. 134

III. Pre­ven­tion and sus­pen­sion of the pre­script­ive peri­od

 

1The pre­script­ive peri­od does not com­mence and, if it has be­gun, is sus­pen­ded:

1.1
in re­spect of the claims of chil­dren against their par­ents, un­til the chil­dren reach the age of ma­jor­ity;
2.2
in re­spect of the claim of per­son lack­ing ca­pa­city of judge­ment against his or her carer, for the dur­a­tion of the ad­vance care dir­ect­ive;
3.
in re­spect of the claims of spouses against each oth­er, for the dur­a­tion of the mar­riage;
3bis.3
in re­spect of the claims of re­gistered part­ners against each oth­er, for the dur­a­tion of the re­gistered part­ner­ship;
4.4
in re­spect of the claim of an em­ploy­ee against his em­ploy­er with whom he shares a house­hold, for the dur­a­tion of the em­ploy­ment re­la­tion­ship;
5.
for as long as the debt­or has the usu­fruct of the claim;
6.5
for as long as the claim can­not be brought be­fore a court for ob­ject­ive reas­ons:
7.6
for claims made by or against a test­at­or, for the dur­a­tion of the pub­lic in­vent­ory pro­ced­ure;
8.7
for the dur­a­tion of set­tle­ment talks, me­di­ation pro­ceed­ings or any oth­er ex­tra-ju­di­cial dis­pute res­ol­u­tion pro­ced­ure, provided the parties agree there­on in writ­ing.

2The pre­script­ive peri­od be­gins or re­sumes at the end of the day on which the cause of pre­ven­tion or sus­pen­sion ceases to ap­ply.

3The spe­cif­ic pro­vi­sions of debt col­lec­tion and bank­ruptcy law are un­af­fected.


1 Amended by An­nex No 1 to the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
2 Amended by An­nex No 10 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
3 In­ser­ted by An­nex No 11 to the AS 2005 5097; BBl 2004 4955 4965 of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
4 Amended by No II Art. 1 No 5 of the FA of 25 June 1971, in force since 1 Jan. 1972 (AS 1971 1465; BBl 1967 II 241). See also the Fi­nal and Trans­ition­al Pro­vi­sions of Title X, at the end of this Code.
5 Amended by No I of the FA of 15 June 2018 (Re­vi­sion of the Law on Pre­scrip­tion), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).
6 In­ser­ted by No I of the FA of 15 June 2018 (Re­vi­sion of the Law on Pre­scrip­tion), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).
7 In­ser­ted by No I of the FA of 15 June 2018 (Re­vi­sion of the Law on Pre­scrip­tion), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).

 

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