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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.

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.