Swiss Civil Code

¹ If the as­sets of the debt­or or his or her es­tate are in­suf­fi­cient to cov­er the par­ti­cip­a­tion claim on di­vi­sion of the prop­erty, the en­titled spouse or his or her heirs may de­mand from third-party be­ne­fi­ciar­ies the re­turn of such dis­pos­i­tions as are to be ad­ded to the ac­quired prop­erty up to the amount of the short­fall.

² The right to bring a claim is ex­tin­guished one year after the spouse or his or her heirs learn of the in­fringe­ment of their rights, but in any event ten years after the dis­sol­u­tion of the mar­it­al prop­erty re­gime.

³ Moreover, the pro­vi­sions gov­ern­ing claims in abate­ment un­der in­her­it­ance law ap­ply mu­tatis mutandis.²⁵⁶