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Swiss Civil Code

Art. 546

D. Pre­sump­tion of death

I. In­her­it­ing from per­sons pre­sumed dead

1. De­vol­u­tion against se­cur­ity

 

1 Where a per­son has been de­clared pre­sumed dead, be­fore his or her heirs or leg­atees suc­ceed to the es­tate, they must fur­nish se­cur­ity for the resti­tu­tion of the prop­erty to those with a pre­vail­ing claim or to the miss­ing per­son him­self.

2 Such se­cur­ity shall be fur­nished for five years in the case of dis­ap­pear­ance in life-threat­en­ing cir­cum­stances and for 15 years in the case of ab­sence without sign of life, but nev­er bey­ond the date on which the miss­ing per­son would have be­come 100 years old.

3 The five-year peri­od runs from the date on which the es­tate is trans­ferred and the 15-year peri­od from the last sign of life.