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Chapter One: Measures to Safeguard Succession

Art. 551  

A. In gen­er­al

 

1 The com­pet­ent au­thor­ity must of its own ac­cord take all meas­ures ne­ces­sary to en­sure prop­er suc­ces­sion.510

2 In the cases en­vis­aged by law, in par­tic­u­lar, such meas­ures in­clude seal­ing the es­tate, draw­ing up the in­vent­ory, ap­point­ing the es­tate ad­min­is­trat­ors and read­ing out the wills of the de­ceased.

3 ...511

510 Amended by An­nex No 2 of the Civil Jur­is­dic­tion Act of 24 March 2000, in force since 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).

511 Re­pealed by An­nex No 2 of the Civil Jur­is­dic­tion Act of 24 March 2000, with ef­fect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).

Art. 552  

B. Seal­ing the es­tate

 

The or­der to seal the es­tate is giv­en whenev­er provided for by can­ton­al law.

Art. 553  

C. In­vent­ory

 

1 The or­der to draw up an in­vent­ory is giv­en:

1.
where an heir is un­der guard­i­an­ship or is to be made a ward of court;
2.
where an heir is per­man­ently ab­sent and without rep­res­ent­a­tion;
3.
at the re­quest of one of the heirs;
4.
where an adult heir is or is to be made sub­ject to a gen­er­al deputy­ship.512

2 The in­vent­ory is drawn up in ac­cord­ance with the pro­vi­sions of can­ton­al law and nor­mally must be com­pleted with­in two months of the death of the de­ceased.

3 Can­ton­al le­gis­la­tion may re­quire that an in­vent­ory be drawn up in oth­er cases.

512 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).

Art. 554  

D. Es­tate ad­min­is­trat­ors

I. In gen­er­al

 

1 Es­tate ad­min­is­trat­ors are ap­poin­ted:

1.
where such an ap­point­ment is in the best in­terests of an heir who is per­man­ently ab­sent and without rep­res­ent­a­tion;
2.
where none of the claimants may ad­equately es­tab­lish his or her suc­ces­sion rights or the ex­ist­ence of an heir is un­cer­tain;
3.
where not all heirs are known;
4.
in spe­cial cases provided for by law.

2 Where the de­ceased had named an ex­ecut­or, ad­min­is­tra­tion of the es­tate is en­trus­ted to him or her.

3 Where the de­ceased was sub­ject to a deputy­ship that cov­ers as­set man­age­ment, the deputy is re­spons­ible for ad­min­is­ter­ing the es­tate un­less oth­er in­struc­tions ap­ply.513

513 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion Law, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).

Art. 555  

II. In the case of un­known heirs

 

1 If the au­thor­ity is un­cer­tain as to wheth­er the de­ceased is sur­vived by heirs or wheth­er it is aware of all the heirs, the au­thor­ity must by ap­pro­pri­ate pub­lic means call on all per­sons with suc­ces­sion rights to come for­ward and claim them with­in one year.

2 If no such per­son comes for­ward dur­ing this time and if no heirs are known to the au­thor­ity, the es­tate passes to the state au­thor­ity with right to suc­ceed, sub­ject to any ac­tion for re­cov­ery of in­her­it­ance.

Art. 556  

E. Pro­bate pro­ceed­ings

I. Duty to sub­mit the will

 

1 If the de­ceased left a will, this must be sub­mit­ted to the au­thor­ity without delay even if it ap­pears to be in­val­id.

2 The pub­lic of­fi­cial by whom the will was re­cor­ded or with whom it was de­pos­ited or any oth­er per­son who had cus­tody of the will or found it among the per­son­al ef­fects of the de­ceased is per­son­ally re­spons­ible on learn­ing of the test­at­or’s death for en­sur­ing that the will is sub­mit­ted to the au­thor­ity.

3 Once the will has been sub­mit­ted, the au­thor­ity must, where feas­ible after hear­ing all in­ter­ested parties, either re­lease the es­tate to the stat­utory heirs on a pro­vi­sion­al basis or ap­point es­tate ad­min­is­trat­ors.

Art. 557  

II. Read­ing the will

 

1 The test­at­or’s will must be opened and read out by the com­pet­ent au­thor­ity with­in one month of its sub­mis­sion.

2 All heirs known to the au­thor­ity are summoned to at­tend the read­ing.

3 If the test­at­or left more than one will, all are to be sub­mit­ted to the au­thor­ity and opened and read out by it.

Art. 558  

III. No­ti­fic­a­tion of in­ter­ested parties

 

1 At the es­tate’s ex­pense, all in­ter­ested parties re­ceive a copy of the pro­vi­sions of the will as re­late to them.

2 Leg­atees of un­known where­abouts are in­formed by ap­pro­pri­ate pub­lic no­tice.

Art. 559  

IV. Re­lease of the es­tate

 

1 One month after no­ti­fic­a­tion of the in­ter­ested parties, at the re­quest of the named heirs the pro­bate au­thor­ity is­sues such per­sons with a cer­ti­fic­ate con­firm­ing them as heirs, sub­ject to ac­tion of de­clar­a­tion of in­valid­ity and for re­cov­ery of in­her­it­ance, provid­ing their en­ti­tle­ment has not ex­pressly been chal­lenged by the stat­utory heirs or the leg­atees of an earli­er will.

2 At the same time the es­tate ad­min­is­trat­or will be in­struc­ted, where ap­plic­able, to re­lease the es­tate in­to their pos­ses­sion.

Chapter Two: Vesting of the Estate

Art. 560  

A. Vest­ing

I. Heirs

 

1 On the death of the de­ceased, the es­tate in its en­tirety vests by op­er­a­tion of law in the heirs.

2 Sub­ject to the stat­utory ex­cep­tions, the de­ceased’s claims, rights of own­er­ship, lim­ited rights in rem and rights of pos­ses­sion auto­mat­ic­ally pass to the heirs and the debts of the de­ceased be­come the per­son­al debts of the heirs.

3 Vest­ing in the named heirs takes ef­fect ret­ro­act­ively from the date on which the suc­ces­sion pro­cess com­menced and the stat­utory heirs must re­lin­quish the es­tate to them ac­cord­ing to the rules gov­ern­ing pos­ses­sion.

Art. 561514  

II. ...

 

514Re­pealed by No I 2 of the FA of 5 Oct. 1984, with ef­fect from 1 Jan. 1988 (AS 1986 122153Art. 1; BBl 1979 II 1191).

Art. 562  

III. Leg­atees

1. Vest­ing

 

1 The leg­atees have a per­son­al claim against the ob­lig­ors of their legacies or, where no-one is spe­cific­ally named as such, against the leg­al or named heirs.

2 Un­less oth­er­wise provided by test­a­ment­ary dis­pos­i­tion, the claim be­comes due once the ob­lig­or has ac­cep­ted the in­her­it­ance or is no longer able to dis­claim it.

3 If the heirs fail to ful­fil their ob­lig­a­tion, they may be sued for re­lease of the be­queathed prop­erty or, where the leg­acy per­tains to per­form­ance of some ac­tion, for dam­ages.

Art. 563  

2. Ob­ject

 

1 Where the be­quest to the leg­atee is a usu­fruct or an­nu­ity or oth­er re­cur­ring be­ne­fit, un­less oth­er­wise stip­u­lated, his or her claim is de­term­ined ac­cord­ing to the pro­vi­sions of prop­erty law and the Code of Ob­lig­a­tions.

2 If the leg­acy is a life as­sur­ance claim matur­ing on the death of the test­at­or, the leg­atee is en­titled to as­sert that claim dir­ectly.

Art. 564  

3. Re­la­tion­ship between cred­it­ors and leg­atees

 

1 The claims of the test­at­or’s cred­it­ors pre­cede those of leg­atees.

2 The claims of the heir’s cred­it­ors rank equally with those of the test­at­or’s cred­it­ors, provided the heir ac­quired the in­her­it­ance without re­ser­va­tion.

Art. 565  

4. Abate­ment

 

1 If, after the legacies have been dis­trib­uted, the heirs pay debts of the es­tate that were pre­vi­ously un­known to them, they are en­titled to re­im­burse­ment from the leg­atees of an amount cor­res­pond­ing to the pro­por­tion­ate abate­ment of such legacies that the heirs could have claimed.

2 However, the leg­atees may be held li­able only in the amount by which they are en­riched at the time such re­im­burse­ment is de­man­ded.

Art. 566  

B. Dis­claim­er

I. De­clar­a­tion

1. Right to re­nounce

 

1 The leg­al and named heirs are en­titled to dis­claim the in­her­it­ance passing to them.

2 There is a pre­sump­tion of a dis­claim­er if at the time of his or her death the de­ceased had been of­fi­cially de­clared in­solv­ent or was mani­festly in­solv­ent.

Art. 567  

2. Time lim­it

a. In gen­er­al

 

1 The time lim­it for a dis­claim­er is three months.

2 For stat­utory heirs, this lim­it be­gins on the date on which they learned of the death, un­less they can show that they did not learn of their suc­ces­sion rights un­til later, and for named heirs it be­gins on the date on which they re­ceived of­fi­cial no­ti­fic­a­tion of the test­at­or’s dis­pos­i­tion.

Art. 568  

b. In the case of an in­vent­ory

 

If an in­vent­ory has been drawn up as a pre­cau­tion­ary meas­ure, the dis­claim­er time lim­it for all heirs be­gins on the date on which the au­thor­ity no­ti­fied them that the in­vent­ory was com­plete.

Art. 569  

3. Passing of right to dis­claim

 

1 If an heir dies be­fore dis­claim­ing or ac­cept­ing an in­her­it­ance, the right to dis­claim passes to his or her heirs.

2 For such heirs, the dis­claim­er time lim­it be­gins on the date on which they learned that the in­her­it­ance passed to the de­ceased heir and ends no soon­er than the date on which the time lim­it for dis­claim­ing the in­her­it­ance from the de­ceased heir ex­pires.

3 Where such heirs dis­claim the in­her­it­ance and it passes to oth­er heirs who pre­vi­ously had no suc­ces­sion rights, the dis­claim­er time lim­it for the lat­ter be­gins on the date on which they learned of the dis­claim­er.

Art. 570  

4. Form

 

1 An heir must de­clare his or her dis­claim­er or­ally or in writ­ing to the com­pet­ent au­thor­ity.

2 It must be un­con­di­tion­al and without re­ser­va­tion.

3 The au­thor­ity keeps an of­fi­cial re­cord of dis­claim­ers.

Art. 571  

II. For­feit­ure of right to dis­claim

 

1 If the heir fails to de­clare that he or she dis­claims the in­her­it­ance with­in the rel­ev­ant time lim­it, he or she ac­quires it without re­ser­va­tion.

2 Where an heir has in­terfered in the af­fairs of the es­tate be­fore ex­piry of the dis­claim­er time lim­it or has ac­ted in a man­ner not con­du­cive to ad­min­is­ter­ing the es­tate or main­tain­ing the de­ceased’s busi­ness activ­it­ies, or where he or she has ap­pro­pri­ated or con­cealed ob­jects be­long­ing to the es­tate, he or she is no longer en­titled to dis­claim the in­her­it­ance.

Art. 572  

III. Dis­claim­er by one co-heir

 

1 Where the de­ceased has not made a test­a­ment­ary dis­pos­i­tion and one of two or more heirs dis­claims the in­her­it­ance, his or her share of the es­tate passes to the oth­er heirs as if he or she had pre­de­ceased.

2 Where the de­ceased has made test­a­ment­ary dis­pos­i­tion, any share of the es­tate dis­claimed by a named heir passes to the test­at­or’s nearest stat­utory heirs, un­less oth­er in­ten­tions on the part of the test­at­or are evid­ent from the dis­pos­i­tion.

Art. 573  

IV. Dis­claim­er by all the nearest heirs

1. In gen­er­al

 

1 Where the in­her­it­ance is dis­claimed by all the nearest heirs, the es­tate is li­quid­ated by the bank­ruptcy of­fice.

2 If li­quid­a­tion pro­duces a sur­plus after pay­ment of debts, this passes to those en­titled to in­her­it as if they had not dis­claimed it.

Art. 574  

2. En­ti­tle­ment of sur­viv­ing spouse

 

If the de­ceased’s is­sue have dis­claimed the in­her­it­ance, the au­thor­ity no­ti­fies the dis­claim­er to the sur­viv­ing spouse, who is en­titled to de­clare ac­cept­ance with­in one month.

Art. 575  

3. Dis­claim­er in fa­vour of sub­sequent heirs

 

1 When dis­claim­ing the in­her­it­ance, the heirs may re­quest that it be offered to their sub­sequent heirs be­fore the es­tate is li­quid­ated.

2 In this event, the au­thor­ity in­forms the sub­sequent heirs that the pre­ced­ing heirs have dis­claimed, and if the former fail to de­clare their ac­cept­ance of the in­her­it­ance with­in one month, they are like­wise deemed to have dis­claimed it.

Art. 576  

V. Ex­ten­sion of time lim­it

 

Where there is good cause, the com­pet­ent au­thor­ity may grant the leg­al and named heirs an ex­ten­sion of the time lim­it or set a new one.


Art. 577  

VI. Dis­claim­er of a leg­acy

 

Where a leg­atee dis­claims a leg­acy, it be­comes void in fa­vour of the ob­lig­or, un­less oth­er in­ten­tions on the part of the test­at­or are evid­ent from his or her dis­pos­i­tion.

Art. 578  

VII. Se­cur­ity for the heir’s cred­it­ors

 

1 Where an over­indebted heir has dis­claimed an in­her­it­ance in or­der to with­hold it from his or her cred­it­ors, the lat­ter or the bank­ruptcy ad­min­is­trat­ors may chal­lenge the dis­claim­er with­in six months un­less their claims are se­cured.

2 If their chal­lenge is up­held, the in­her­it­ance is placed in of­fi­cial li­quid­a­tion.

3 Any sur­plus serves first to sat­is­fy the chal­len­ging cred­it­ors and any bal­ance re­main­ing after re­demp­tion of the oth­er debts passes to the heirs in whose fa­vour the dis­claim­er was made.

Art. 579  

VIII. Li­ab­il­ity in the event of dis­claim­er

 

1 Where the de­ceased was in­solv­ent and his or her heirs dis­claim the in­her­it­ance, they re­main li­able to his or her cred­it­ors to the ex­tent that in the five years pri­or to his or her death they re­ceived prop­erty or as­sets from him or her which on di­vi­sion of the es­tate would have been sub­ject to hotch­pot.

2 The en­dow­ment of newly-weds ac­cord­ing to loc­al cus­tom and the costs of rais­ing and edu­cat­ing chil­dren are not af­fected by such li­ab­il­ity.

3 Heirs act­ing in good faith are li­able only to the ex­tent they are still en­riched.

Chapter Three: Public Inventory

Art. 580  

A. Re­quire­ments

 

1 Any heir en­titled to dis­claim his or her in­her­it­ance has the right to re­quest a pub­lic in­vent­ory.

2 The re­quest must be made to the com­pet­ent au­thor­ity with­in one month in the same form as the dis­claim­er.

3 A re­quest made by one heir is also val­id for the oth­ers.

Art. 581  

B. Pro­ced­ure

I. In­vent­ory

 

1 The pub­lic in­vent­ory is drawn up by the com­pet­ent au­thor­ity in ac­cord­ance with the pro­vi­sions of can­ton­al law and con­sists of a list of all the as­sets and debts of the es­tate, to­geth­er with an ap­prais­al of the value of each item in the in­vent­ory.

2 Any per­son able to provide in­form­a­tion on the fin­an­cial cir­cum­stances of the de­ceased is per­son­ally ob­liged to give the au­thor­ity all the in­form­a­tion it re­quires.

3 In par­tic­u­lar, the heirs must in­form the au­thor­ity of any debts of the de­ceased that are known to them.

Art. 582  

II. Form­al call to ac­count

 

1 In the course of draw­ing up the in­vent­ory, the au­thor­ity shall make a form­al call to ac­count whereby ap­pro­pri­ate pub­lic no­tices are is­sued call­ing on all cred­it­ors and debt­ors of the de­ceased, in­clud­ing cred­it­ors un­der a surety, to come for­ward and re­gister their claims and debts with­in a spe­cified time lim­it.

2 Such no­tices must alert the cred­it­ors to the con­sequences of any fail­ure to re­gister.

3 The time lim­it for re­gis­ter­ing must not be earli­er than one month from the date of the first pub­lic no­tice.

Art. 583  

III. In­clu­sion ex of­fi­cio

 

1 Claims and debts evid­ent from the pub­lic re­gisters or from the pa­pers of the de­ceased are in­cluded ex of­fi­cio.

2 The debt­ors and cred­it­ors must be no­ti­fied of any such in­clu­sion.

Art. 584  

IV. Res­ult

 

1 On ex­piry of the pub­lished time lim­it, the in­vent­ory is closed and made avail­able for per­us­al by all in­ter­ested parties for at least one month.

2 The costs are borne by the es­tate and, where this is in­suf­fi­cient, by the heirs who re­ques­ted the in­vent­ory.

Art. 585  

C. Situ­ation of the heirs dur­ing the in­vent­ory

I. Ad­min­is­tra­tion

 

1 While the in­vent­ory is be­ing drawn up, only the ne­ces­sary ad­min­is­trat­ive ac­tions may be taken.

2 Where the au­thor­ity au­thor­ises an heir to con­tin­ue the de­ceased’s busi­ness activ­it­ies, the co-heirs may re­quest that se­cur­ity be fur­nished.

Art. 586  

II. Debt en­force­ment, lit­ig­a­tion, pre­scrip­tion

 

1 While the in­vent­ory is be­ing drawn up, no ac­tion may be taken to en­force the debts of the de­ceased.

2 ...515

3 Ex­cept in ur­gent mat­ters, court pro­ceed­ings may neither be com­menced nor con­tin­ued.

515 Re­pealed by An­nex No 3 of the FA of 15 June 2018 (Re­vi­sion of the Law on Pre­scrip­tion), with ef­fect from 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).

Art. 587  

D. Ef­fect

I. Time lim­it for de­clar­a­tion of in­ten­tion

 

1 Once the in­vent­ory is closed, all the heirs are re­ques­ted to de­clare with­in one month their in­ten­tions with re­gard to ac­quir­ing the in­her­it­ance due to them.

2 Where jus­ti­fied in the cir­cum­stances, the com­pet­ent au­thor­ity may set a fur­ther time lim­it for ob­tain­ing ap­prais­als, set­tling dis­puted claims and the like.

Art. 588  

II. De­clar­a­tion of in­ten­tion

 

1 Dur­ing the set time lim­it, an heir may dis­claim his or her in­her­it­ance or re­quest of­fi­cial li­quid­a­tion or ac­cept the in­her­it­ance either sub­ject to pub­lic in­vent­ory or without re­ser­va­tion.

2 Where an heir makes no de­clar­a­tion, he or she is deemed to have ac­cep­ted the in­her­it­ance sub­ject to pub­lic in­vent­ory.

Art. 589  

III. Ef­fects of ac­cept­ance sub­ject to pub­lic in­vent­ory

1. Li­ab­il­ity as per in­vent­ory

 

1 Where an heir ac­cepts the in­her­it­ance sub­ject to pub­lic in­vent­ory, the debts of the de­ceased lis­ted in the in­vent­ory and the as­sets pass to him or her.

2 The ac­quis­i­tion of the in­her­it­ance with all at­tend­ant rights and ob­lig­a­tions takes ef­fect ret­ro­act­ively from the date on which the suc­ces­sion pro­cess com­menced.

3 The heir is li­able for debts lis­ted in the in­vent­ory both with the in­her­it­ance and with his or her own as­sets.

Art. 590  

2. Li­ab­il­ity bey­ond the in­vent­ory

 

1 The heirs are not li­able either per­son­ally or with the in­her­it­ance to­wards cred­it­ors of the es­tate whose claims were not in­cluded in the in­vent­ory be­cause the cred­it­ors failed to re­gister them in time.

2 Where such fail­ure to re­gister claims in the in­vent­ory was through no fault of the cred­it­or or his or her claims were not in­cluded in the in­vent­ory des­pite hav­ing been re­gistered, the heir is li­able to the ex­tent he or she is en­riched by the in­her­it­ance.

3 In all cases, cred­it­ors may as­sert claims to the ex­tent these are se­cured by a li­en on the es­tate as­sets.

Art. 591  

E. Li­ab­il­ity for debts sub­ject to a surety

 

Any debts un­der a surety giv­en by the de­ceased are lis­ted sep­ar­ately in the in­vent­ory and may be as­ser­ted against an heir, even where he or she ac­cepts the in­her­it­ance, only in the amount that would be al­loc­ated to the surety debt if all debts of the es­tate were to be re­deemed un­der the rules gov­ern­ing bank­ruptcy.

Art. 592  

F. Ac­quis­i­tion by a state au­thor­ity

 

Where an es­tate passes to a state au­thor­ity, a form­al call to ac­count is made ex of­fi­cio and the state au­thor­ity is li­able for the debts of the es­tate only in the amount of the as­sets it has in­her­ited from the es­tate.

Chapter Four: Official Liquidation

Art. 593  

A. Re­quire­ments

I. At the re­quest of an heir

 

1 Rather than dis­claim the in­her­it­ance or ac­cept it sub­ject to pub­lic in­vent­ory, each heir is en­titled to re­quest of­fi­cial li­quid­a­tion.

2 However, such re­quest may not be gran­ted if at least one co-heir ac­cepts the in­her­it­ance.

3 In the event of of­fi­cial li­quid­a­tion, the heirs are not li­able for the debts of the es­tate.

Art. 594  

II. At the re­quest of the de­ceased’s cred­it­ors

 

1 Where the de­ceased’s cred­it­ors have good cause to fear that their claims will not be met and such claims are not sat­is­fied or se­cured at their re­quest, with­in three months of the death of the de­ceased or the read­ing of the will they may de­mand the of­fi­cial li­quid­a­tion of the es­tate.

2 Sub­ject to the same con­di­tions, leg­atees may re­quest pro­vi­sion­al meas­ures by way of se­cur­ity.

Art. 595  

B. Pro­ced­ure

I. Ad­min­is­tra­tion

 

1 The of­fi­cial li­quid­a­tion is car­ried out by the com­pet­ent au­thor­ity or by one or more es­tate ad­min­is­trat­ors act­ing at the au­thor­ity’s be­hest.

2 It be­gins with the tak­ing of an in­vent­ory and the at­tend­ant form­al call to ac­count.

3 The es­tate ad­min­is­trat­or is un­der the au­thor­ity’s su­per­vi­sion and the heirs may ap­peal to the au­thor­ity against any meas­ures taken or planned by the ad­min­is­trat­or.

Art. 596  

II. Or­din­ary

li­quid­a­tion

 

1 For the pur­pose of li­quid­a­tion, any busi­ness activ­it­ies of the de­ceased still in op­er­a­tion are brought to a close, his or her ob­lig­a­tions are per­formed, his or her claims are called in, his or her legacies are dis­trib­uted where pos­sible, his or her rights and du­ties are de­term­ined at law, where ne­ces­sary, and his or her as­sets are con­ver­ted in­to cash.

2 Land formerly be­long­ing to the de­ceased is sold at pub­lic auc­tion; it may be dis­posed of by private sale only with the con­sent of all the heirs.

3 The heirs are en­titled even dur­ing the li­quid­a­tion pro­cess to re­quest that some or all of the ob­jects and mon­ies that are not re­quired for the li­quid­a­tion be re­leased in­to their pos­ses­sion.

Art. 597  

III. Li­quid­a­tion by the bank­ruptcy of­fice

 

If the es­tate is over­indebted, its li­quid­a­tion is car­ried out by the bank­ruptcy of­fice in ac­cord­ance with the pro­vi­sions gov­ern­ing bank­ruptcy.

Chapter Five: Action for Recovery of Inheritance

Art. 598  

A. Re­quire­ments

 

1 A per­son who be­lieves that, as a leg­al or named heir, he or she has a bet­ter claim than the cur­rent pos­sessor to an es­tate or a part there­of may as­sert his or her claim by bring­ing an ac­tion for re­cov­ery of in­her­it­ance.

2 ...516

516 Re­pealed by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

Art. 599  

B. Ef­fect

 

1 If the claim is up­held, the pos­sessor must re­lin­quish the es­tate or the part there­of to the claimant in ac­cord­ance with the rules gov­ern­ing pos­ses­sion.

2 The de­fend­ant can­not in­voke ad­verse pos­ses­sion in re­spect of prop­erty be­long­ing to the es­tate.

Art. 600  

C. Pre­scrip­tion

 

1 The right to bring an ac­tion for re­cov­ery of in­her­it­ance against a de­fend­ant act­ing in good faith pre­scribes one year after the date on which the claimant learned that the prop­erty was pos­sessed by the de­fend­ant and that he or she has a bet­ter claim to it, but in all cases ten years after the death of the de­ceased or the date on which the will was read.

2 The pre­script­ive peri­od for the right to bring an ac­tion against a de­fend­ant act­ing in bad faith is al­ways 30 years.

Art. 601  

D. Ac­tion by a leg­atee

 

The right of a leg­atee to bring an ac­tion pre­scribes ten years after no­ti­fic­a­tion of the test­a­ment­ary dis­pos­i­tion or from the sub­sequent date on which the leg­acy be­came due.

Title Seventeen: Division of the Estate

Chapter One: Community of Heirs prior to Division

Art. 602  

A. Ef­fect of suc­ces­sion

I. Com­munity of heirs

 

1 Where sev­er­al heirs in­her­it the es­tate, on suc­ces­sion and un­til such time as it is di­vided they form a com­munity in re­spect of all rights and ob­lig­a­tions of the es­tate.

2 They be­come joint own­ers of the prop­erty be­long­ing to the es­tate and have joint power of dis­pos­al over the rights of the es­tate, sub­ject to con­trac­tu­al or stat­utory powers of rep­res­ent­a­tion and ad­min­is­tra­tion.

3 At the re­quest of one co-heir, the com­pet­ent au­thor­ity may ap­point a rep­res­ent­at­ive of the com­munity of heirs un­til the es­tate is di­vided.

Art. 603  

II. Li­ab­il­ity of the heirs

 

1 The heirs are jointly and sev­er­ally li­able for the debts of the de­ceased.

2 The ap­pro­pri­ate com­pens­a­tion due to chil­dren or grand­chil­dren for con­tri­bu­tions made to the house­hold they shared with the de­ceased must be ad­ded to the debts of the es­tate un­less this would render the es­tate over­indebted.517

517In­ser­ted by No I 1 of the FA of 6 Oct. 1972, in force since 15 Feb. 1973 (AS 1973 93; BBl 1970 I 805, 1971 I 737).

Art. 604  

B. Right to di­vi­sion

 

1 Any heir may at any time re­quest that the es­tate be di­vided un­less he or she is un­der a con­trac­tu­al or stat­utory ob­lig­a­tion to re­main a mem­ber of the com­munity of heirs.

2 On ap­plic­a­tion by an heir, the court may or­der a tem­por­ary de­fer­ral of the di­vi­sion of the es­tate or spe­cif­ic parts there­of where im­me­di­ate di­vi­sion would sub­stan­tially im­pair their value.

3 Where one heir is in­solv­ent, his or her co-heirs may ap­ply for pro­vi­sion­al meas­ures to se­cure their own claims im­me­di­ately upon suc­ces­sion.

Art. 605  

C. De­fer­ral of di­vi­sion

 

1 If on suc­ces­sion the rights of an un­born child need to be taken in­to con­sid­er­a­tion, the di­vi­sion of the es­tate must be de­ferred un­til the child is born.

2 In the in­ter­im, the child’s moth­er is en­titled to en­joy the be­ne­fits of the joint es­tate to the ex­tent re­quired for her main­ten­ance.

Art. 606  

D. Claims of house­hold mem­bers

 

Heirs who were mem­bers of the house­hold of and main­tained by the de­ceased at the time of his or her death may de­mand that they be main­tained for a fur­ther month at the es­tate’s ex­pense.

Chapter Two: Method of Division

Art. 607  

A. In gen­er­al

 

1 Stat­utory heirs must di­vide the es­tate among them­selves and with the named heirs ac­cord­ing to the same prin­ciples.

2 Ex­cept where provided oth­er­wise, they are free to de­cide on the meth­od of di­vi­sion.

3 Co-heirs in pos­ses­sion of es­tate prop­erty or in debt to the de­ceased must provide pre­cise in­form­a­tion re­gard­ing such cir­cum­stances pri­or to the di­vi­sion.

Art. 608  

B. In­struc­tions con­cern­ing the di­vi­sion

I. Test­a­ment­ary dis­pos­i­tion

 

1 The test­at­or is en­titled by means of test­a­ment­ary dis­pos­i­tion to give his or her heirs in­struc­tions con­cern­ing the di­vi­sion and the form­a­tion of por­tions.

2 Such in­struc­tions are bind­ing on the heirs, sub­ject to meas­ures to bal­ance out the por­tions in the event of an in­equal­ity not in­ten­ded by the test­at­or.

3 Un­less oth­er in­ten­tions on the part of the test­at­or are evid­ent from his or her dis­pos­i­tion, any be­quest of a giv­en part of the es­tate to one par­tic­u­lar heir is deemed to be merely an in­struc­tion con­cern­ing the di­vi­sion rather than a spe­cif­ic leg­acy.

Art. 609  

II. As­sist­ance from the au­thor­it­ies

 

1 At the re­quest of a cred­it­or who has ac­quired or dis­trained an in­her­it­ance that has passed to an heir or who holds un­paid debt cer­ti­fic­ates against him or her, the au­thor­it­ies must as­sist in the di­vi­sion in place of that heir.

2 Can­ton­al law may provide for of­fi­cial in­ter­ven­tion in the di­vi­sion pro­cess in oth­er cases.

Art. 610  

C. Per­form­ing the di­vi­sion

I. Equal rights of heirs

 

1 Ex­cept where oth­er pro­vi­sions ap­ply, all heirs have an equal right to the es­tate prop­erty.

2 They must dis­close to each oth­er all cir­cum­stances con­cern­ing their re­la­tion­ship with the de­ceased in­so­far as these per­tain to the just and equit­able di­vi­sion of the es­tate.

3 Each heir may re­quest that the debts of the de­ceased be re­deemed or se­cured pri­or to di­vi­sion of the es­tate.

Art. 611  

II. Form­a­tion of lots

 

1 The heirs form as many por­tions or lots as there are heirs or stirpes.

2 If they are un­able to reach agree­ment, at the re­quest of one heir the com­pet­ent au­thor­ity must form the lots with due re­gard to loc­al cus­tom and the per­son­al cir­cum­stances and wishes of the ma­jor­ity of the co-heirs.

3 The lots are dis­trib­uted among the heirs either as agreed or by the draw­ing of lots.

Art. 612  

III. Al­loc­a­tion and sale of spe­cif­ic ob­jects

 

1 Where the value of an ob­ject be­long­ing to the es­tate would be sub­stan­tially di­min­ished if such ob­ject were di­vided, it is al­loc­ated in its en­tirety to one of the heirs.

2 Where the heirs are un­able to agree on the di­vi­sion or al­loc­a­tion of an ob­ject, it must be sold and the pro­ceeds di­vided.

3 At the re­quest of an heir, such sale must be car­ried out at auc­tion and, in the ab­sence of agree­ment among the heirs, the com­pet­ent au­thor­ity de­cides wheth­er such auc­tion is to be pub­lic or only among the heirs.

Art. 612a518  

IV. Al­loc­a­tion of the home and house­hold ef­fects to the sur­viv­ing spouse

 

1 Where the house or apart­ment in which the spouses lived or the house­hold ef­fects form part of the es­tate, the sur­viv­ing spouse may re­quest that such prop­erty be al­loc­ated to him or her against his or her por­tion.

2 Where jus­ti­fied in the cir­cum­stances, at the re­quest of the sur­viv­ing spouse or the oth­er stat­utory heirs of the de­ceased, a usu­fruct or right of res­id­ence may be gran­ted rather than own­er­ship of the home.

3 The sur­viv­ing spouse can­not claim such rights in re­spect of premises in which the de­ceased prac­tised a pro­fes­sion or ran a busi­ness and which are re­quired by one of his or her is­sue in or­der to con­tin­ue the pro­fes­sion or busi­ness, sub­ject to the pro­vi­sions of ag­ri­cul­tur­al law of suc­ces­sion.

4 The same pro­vi­sions ap­ply mu­tatis mutandis to re­gistered part­ners.519

518In­ser­ted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122153Art. 1; BBl 1979 II 1191).

519 In­ser­ted by An­nex No 8 of the Same-Sex Part­ner­ship Act of 18 June 2004, in force since 1 Jan. 2007 (AS 20055685; BBl 20031288).

Art. 613  

D. Spe­cial items

I. Items that be­long to­geth­er, fam­ily doc­u­ments

 

1 Items which by their nature be­long to­geth­er must not be sep­ar­ated if one of the heirs ob­jects to such sep­ar­a­tion.

2 Fam­ily doc­u­ments and items of spe­cial sen­ti­ment­al value to the fam­ily must not be sold if any of the heirs ob­jects.

3 If the heirs can­not reach agree­ment, the com­pet­ent au­thor­ity de­cides wheth­er to sell such items or to al­loc­ate them, against the re­cip­i­ent’s por­tion or oth­er­wise, giv­ing due re­gard to loc­al cus­tom and, in the ab­sence of such cus­tom, to the per­son­al cir­cum­stances of the heirs.

Art. 613a520  

I.bis Ag­ri­cul­tur­al in­vent­ory

 

Where the ten­ant of an ag­ri­cul­tur­al en­ter­prise dies and one of his or her heirs con­tin­ues the lease on his or her own, on re­quest he or she may have the en­tire in­vent­ory (live­stock, ma­chinery, sup­plies, etc.) al­loc­ated to him or her and charged to his or her por­tion at its util­ity value.

520In­ser­ted by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rur­al Land Rights, in force since 1 Jan. 1994 (AS 19931410; BBl 1988III 953).

Art. 614  

II. Claims of the de­ceased against his or her heirs

 

Claims of the de­ceased against an heir are charged to the lat­ter’s por­tion.

Art. 615  

III. Pledged es­tate prop­erty

 

If as a res­ult of the di­vi­sion an heir re­ceives es­tate prop­erty that is pledged to se­cure the debts of the de­ceased, the debt to the pledgee is like­wise trans­ferred to him or her.

Art. 616521  
 

521Re­pealed by Art. 92 No 1 of the FA of 4 Oct 1991 on Rur­al Land Rights, with ef­fect from 1 Jan. 1994 (AS 19931410; BBl 1988III 953).

Art. 617522  

IV. Land

1. Meth­od of al­loc­a­tion

a. Im­puted value

 

Land is charged to the heirs’ por­tions at its mar­ket value as at the time of the di­vi­sion.

522Amended by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rur­al Land Rights, in force since 1 Jan. 1994 (AS 19931410; BBl 1988III 953).

Art. 618  

b. Valu­ation pro­ced­ure

 

1 Where the heirs are un­able to agree on the mar­ket value, it is es­tim­ated by an of­fi­cially ap­poin­ted ex­pert.523

2 ...524

523 Amended by An­nex 1 No II 3 of the Civil Pro­ced­ure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

524Re­pealed by No I 1 of the FA of 6 Oct. 1972, with ef­fect from 15 Feb. 1994 (AS 1973 93; BBl 1970 I 805, 1971 I 737).

Art. 619525  

V. Ag­ri­cul­tur­al busi­nesses and land

 

The meth­od of in­clud­ing and al­loc­at­ing ag­ri­cul­tur­al en­ter­prises and ag­ri­cul­tur­al land is gov­erned by the Fed­er­al Act of 4 Oc­to­ber 1991526 on Rur­al Land Rights.

525Amended by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rur­al Land Rights, in force since 1 Jan. 1994 (AS 19931410; BBl 1988III 953).

526SR 211.412.11

Art. 620–625527  
 

527Re­pealed by Art. 92 No 1 of the FA of 4 Oct 1991 on Rur­al Land Rights with ef­fect from 1 Jan. 1994 (AS 19931410; BBl 1988III 953).

Chapter Three: Hotchpot

Art. 626  

A. Hotch­pot duty of the heirs

 

1 The stat­utory heirs are un­der a mu­tu­al ob­lig­a­tion to place in­to hotch­pot any prop­erty re­ceived from the de­ceased dur­ing his or her life­time as ad­vance­ments against their share of the es­tate.

2 Un­less the de­ceased ex­pressly in­struc­ted oth­er­wise, any­thing gif­ted or gran­ted to his or her is­sue by way of dowry, en­dow­ment or as­sign­ment of as­sets, debt re­mis­sion and the like is sub­ject to hotch­pot.

Art. 627  

B. Hotch­pot if heirs cease to be heirs

 

1 If a per­son ceases to be an heir be­fore or after suc­ces­sion, his or her duty of hotch­pot passes to the heirs that re­place him or her.

2 The is­sue of an heir have a duty of hotch­pot in re­spect of ad­vance­ments made in his or her fa­vour even if those ad­vance­ments have not de­volved on them.

Art. 628  

C. Cal­cu­la­tion meth­od

I. In kind or by im­puta­tion of value

 

1 When pla­cing prop­erty in hotch­pot, the heirs may at their dis­cre­tion do so either in kind or by im­put­ing its value, even if the ad­vance­ments made in their fa­vour ex­ceed the value of their share of the es­tate.

2 The above pro­vi­sions are sub­ject to any con­trary in­struc­tions is­sued by the test­at­or and to the co-heirs’ right to abate­ment of the ad­vance­ments.

Art. 629  

II. Cor­rel­a­tion with share of the es­tate

 

1 Where ad­vance­ments to an heir ex­ceed the value of his or her share of the es­tate, sub­ject to claims in abate­ment, the sur­plus is ex­empt from hotch­pot if it may be shown that the de­ceased in­ten­ded to fa­vour said heir by such ad­vance­ments.

2 Ex­emp­tion from hotch­pot is pre­sumed in the case of en­dow­ments in the usu­al or­der of mag­nitude made to the is­sue on their mar­riage.

Art. 630  

III. Hotch­pot value

 

1 Hotch­pot is cal­cu­lated ac­cord­ing to the value of the ad­vance­ments on suc­ces­sion or, where the ad­vanced prop­erty has pre­vi­ously been sold, the sale pro­ceeds ob­tained.

2 Any ex­pendit­ure on and dam­age to the prop­erty and the nat­ur­al pro­duce de­rived there­from must be al­lowed for among the heirs ac­cord­ing to the rules gov­ern­ing pos­ses­sion.

Art. 631  

D. Edu­ca­tion costs

 

1 Un­less it is shown that the de­ceased in­ten­ded oth­er­wise, sums ex­pen­ded by him or her on the up­bring­ing and edu­ca­tion of in­di­vidu­al chil­dren are sub­ject to hotch­pot only in­so­far as they ex­ceed the nor­mal amounts.

2 Chil­dren still in edu­ca­tion or who suf­fer from dis­ab­il­it­ies must be gran­ted ap­pro­pri­ate ad­vance pay­ments on di­vi­sion of the es­tate.528

528Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122153Art. 1; BBl 1979 II 1191).

Art. 632  

E. Oc­ca­sion­al gifts

 

Cus­tom­ary oc­ca­sion­al gifts are not sub­ject to hotch­pot.

Art. 633529  
 

529Re­pealed by No I 1 of the FA of 6 Oct. 1972, with ef­fect from 15 Feb. 1994 (AS 1973 93; BBl 1970 I 805, 1971 I 737).

Chapter Four: Completion and Effect of Division

Art. 634  

A. Agree­ment

I. Con­tract of di­vi­sion

 

1 The di­vi­sion of the es­tate be­comes bind­ing on the heirs once the lots have been formed and re­ceived or on con­clu­sion of the con­tract of di­vi­sion.

2 In or­der to be val­id, the con­tract of di­vi­sion must be done in writ­ing.

Art. 635  

II. Con­tracts re­gard­ing shares of the es­tate

 

1 In or­der to be val­id, con­tracts between heirs re­gard­ing as­sign­ment of shares of the es­tate must be done in writ­ing.530

2 If such con­tracts are con­cluded by an heir with third parties, they do not give the lat­ter any right to par­ti­cip­ate in the di­vi­sion of the es­tate, but merely con­fer a claim on the share al­loc­ated to that heir as a res­ult of the di­vi­sion.

530Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122153Art. 1; BBl 1979 II 1191).

Art. 636  

III. Con­tracts pri­or to suc­ces­sion

 

1 Con­tracts con­cluded without the in­volve­ment and au­thor­isa­tion of the test­at­or between one heir and an­oth­er or between an heir and a third party re­gard­ing an in­her­it­ance that has not yet de­volved on the heir are not bind­ing.

2 Any per­form­ance rendered un­der such con­tracts may be re­claimed.

Art. 637  

B. Li­ab­il­ity among co-heirs

I. War­ranty

 

1 On com­ple­tion of the di­vi­sion, the co-heirs are mu­tu­ally li­able for the es­tate prop­erty as if they were pur­chasers and vendors.

2 They must mu­tu­ally war­rant the ex­ist­ence of claims al­loc­ated to them in the di­vi­sion and, ex­cept in the case of se­cur­it­ies with a mar­ket price, are mu­tu­ally li­able as simple guar­ant­ors for the debt­or’s solvency in the amount at which such claims were brought in­to ac­count.

3 Claims un­der such war­ranty pre­scribe one year after the di­vi­sion or the sub­sequent date on which the claims fell due.

Art. 638  

II. Chal­len­ging the di­vi­sion

 

A con­tract of di­vi­sion may be chal­lenged in ac­cord­ance with the pro­vi­sions gov­ern­ing chal­lenge of con­tract in gen­er­al.

Art. 639  

C. Li­ab­il­ity to­ward third parties

I. Joint and sev­er­al li­ab­il­ity

 

1 Even after the di­vi­sion of the es­tate, the heirs re­main jointly and sev­er­ally li­able with their en­tire prop­erty for the debts of the test­at­or to his or her cred­it­ors, provid­ing the lat­ter have not ex­pressly or ta­citly agreed to a di­vi­sion or trans­fer of such debts.

2 The joint and sev­er­al li­ab­il­ity of the co-heirs pre­scribes five years after the di­vi­sion or the sub­sequent date on which the debt claim fell due.

Art. 640  

II. Re­course against co-heirs

 

1 If an heir has paid a debt owed by the de­ceased that was not al­loc­ated to him or her in the di­vi­sion, or if he or she has paid more of a debt than he or she has as­sumed, he or she has right of re­course against the co-heirs.

2 Re­course is taken first against the per­son who as­sumed such debt in the di­vi­sion.

3 In all oth­er re­spects, the heirs must bear the debts in pro­por­tion to their shares in the es­tate, un­less oth­er­wise agreed.

Part Four: Property Law

Division One: Ownership

Title Eighteen: General Provisions

Art. 641  

A. Nature of own­er­ship

I. In gen­er­al

 

1 The own­er of an ob­ject is free to dis­pose of it as he or she sees fit with­in the lim­its of the law.

2 He or she has the right to re­claim it from any­one with­hold­ing it from him or her and to pro­tect it against any un­war­ran­ted in­ter­fer­ence.

Art. 641a532  

II. An­im­als

 

1 An­im­als are not ob­jects.

2 Where no spe­cial pro­vi­sions ex­ist for an­im­als, they are sub­ject to the pro­vi­sions gov­ern­ing ob­jects.

532 In­ser­ted by No I of the FA of 4 Oct. 2002 (Art­icle of Ba­sic Prin­ciples: An­im­als), in force since 1 April 2003 (AS 2003 463; BBl 2002 41645806).

Art. 642  

B. Scope of own­er­ship

I. Con­stitu­ent parts

 

1 The own­er of an ob­ject also has own­er­ship of all its con­stitu­ent parts.

2 A con­stitu­ent part is any­thing which, ac­cord­ing to loc­al cus­tom, is held to be an es­sen­tial part of an ob­ject and which can­not be de­tached without des­troy­ing, dam­aging or al­ter­ing it.

Art. 643  

II. Nat­ur­al fruits

 

1 The own­er of an ob­ject also has own­er­ship of its nat­ur­al fruits.

2 Nat­ur­al fruits are the peri­od­ic pro­duce and rev­en­ues cus­tom­ar­ily de­rived from an ob­ject used ac­cord­ing to its pur­pose.

3 Pri­or to sep­ar­a­tion, the nat­ur­al fruits are an in­teg­ral part of the ob­ject.

Art. 644  

III. Ac­cessor­ies

1. Defin­i­tion

 

1 Any dis­pos­i­tion af­fect­ing an ob­ject also ap­plies to its ac­cessor­ies, un­less an ex­cep­tion is made.

2 Ac­cessor­ies are those chat­tels which, ac­cord­ing to loc­al cus­tom or the clear will of the main ob­ject's own­er, per­man­ently fa­cil­it­ate the man­age­ment, use or pre­ser­va­tion of the main ob­ject and are aux­il­i­ary thereto by vir­tue of hav­ing been joined to it, ad­ap­ted to it or oth­er­wise con­nec­ted with it.

3 If an ob­ject is an ac­cess­ory, it re­mains so re­gard­less of tem­por­ary sep­ar­a­tion from the main ob­ject.

Art. 645  

2. Ex­clu­sions

 

Chat­tels do not qual­i­fy as ac­cessor­ies if they are in­ten­ded for tem­por­ary use or con­sump­tion by the pos­sessor of the main ob­ject, are not in­trins­ic­ally re­lated to it or are con­nec­ted with it only for stor­age, sale or hire pur­poses.

Art. 646  

C. Col­lect­ive own­er­ship

I. Co-own­er­ship

1. Re­la­tion­ship among co-own­ers

 

1 Co-own­er­ship ex­ists where sev­er­al per­sons own a share in an ob­ject which is phys­ic­ally un­di­vided.

2 Un­less oth­er­wise stip­u­lated, they are co-own­ers in equal meas­ure.

3 Each co-own­er has the rights and ob­lig­a­tions of own­er­ship in re­spect of his or her share in the ob­ject, and said share may be ali­en­ated and pledged by him or her, or dis­trained by his or her cred­it­ors.

Art. 647533  

2. Use and ad­min­is­tra­tion rules

 

1 The co-own­ers may agree rules on use and ad­min­is­tra­tion that de­vi­ate from the stat­utory pro­vi­sions and provide therein that the rules may be amended with the con­sent of the ma­jor­ity of all co-own­ers.534

1bis Any amend­ment to the pro­vi­sions of the use and ad­min­is­tra­tion rules on the al­loc­a­tion of ex­clus­ive rights of use also re­quires the con­sent of the co-own­ers who are dir­ectly af­fected.535

2 Such rules can­not an­nul or re­strict the rights of each co-own­er:

1.
to re­quest such meas­ures as are ne­ces­sary to pre­serve the ob­ject’s value and ser­vice­ab­il­ity and, where re­quired, to have these ordered by a court;
2.
to take, on his or her own ini­ti­at­ive and at the ex­pense of all co-own­ers, such meas­ures as are ur­gently needed to safe­guard the ob­ject against im­min­ent or in­cre­ment­al dam­age.

533Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

534 Amended by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

535 In­ser­ted by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

Art. 647a536  

3. Or­din­ary ad­min­is­tra­tion

 

1 Each co-own­er may at­tend to or­din­ary ad­min­is­tra­tion and in par­tic­u­lar carry out re­pairs, sow­ing and har­vest­ing, short-term cus­tody and su­per­vi­sion, may con­clude con­tracts for such pur­poses and may ex­er­cise the powers de­rived from such con­tracts and from rent­al, lease, work and ser­vice agree­ments, in­clud­ing the pay­ment and ac­cept­ance of mon­ies on be­half of all the co-own­ers.

2 With the con­sent of the ma­jor­ity of the co-own­ers, the au­thor­ity to carry out ad­min­is­tra­tion may be sub­mit­ted to a dif­fer­ent re­gime, sub­ject to the stat­utory pro­vi­sions gov­ern­ing ne­ces­sary and ur­gent meas­ures.

536In­ser­ted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 647b537  

4. Ma­jor ad­min­is­trat­ive acts

 

1 By the con­sent of a ma­jor­ity of the co-own­ers to­geth­er rep­res­ent­ing a ma­jor­ity share in the ob­ject, ma­jor ad­min­is­trat­ive acts may be car­ried out, not­ably in­clud­ing changes in meth­ods of cul­tiv­a­tion or use, con­clu­sion and ter­min­a­tion of rent­al and lease agree­ments, par­ti­cip­a­tion in land im­prove­ments and the ap­point­ment of an ad­min­is­trat­or whose au­thor­ity ex­tends bey­ond or­din­ary ad­min­is­trat­ive acts.

2 The pro­vi­sions gov­ern­ing ne­ces­sary con­struc­tion work are re­served.

537In­ser­ted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 647c538  

5. Con­struc­tion work

a. Ne­ces­sary work

 

Main­ten­ance, re­con­struc­tion and renov­a­tion work ne­ces­sary to pre­serve the ob­ject’s value and ser­vice­ab­il­ity may be car­ried out with the con­sent of the ma­jor­ity of co-own­ers where such work does not fall un­der the au­thor­ity of each in­di­vidu­al co-own­er to take or­din­ary ad­min­is­trat­ive steps.

538In­ser­ted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 647d539  

b. Use­ful work

 

1 Renov­a­tions and re­fur­bish­ments aimed at en­han­cing the value or im­prov­ing the ob­ject’s prof­it­ab­il­ity or ser­vice­ab­il­ity re­quire the ap­prov­al of a ma­jor­ity of the co-own­ers to­geth­er rep­res­ent­ing a ma­jor­ity share in the ob­ject.

2 Al­ter­a­tions which per­man­ently hinder or render un­prof­it­able a co-own­er’s use or ex­ploit­a­tion of the ob­ject for its ex­ist­ing pur­pose may not be car­ried out without the con­sent of that co-own­er.

3 Where an al­ter­a­tion would re­quire a co-own­er to bear un­reas­on­able costs, in par­tic­u­lar be­cause they are dis­pro­por­tion­ate to the value of his or her share, the al­ter­a­tion may be car­ried out without his or her con­sent only if the oth­er co-own­ers as­sume such part of his or her share of the costs as ex­ceeds that which he or she may reas­on­ably be ex­pec­ted to meet.

539In­ser­ted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 647e540  

c. Works to im­prove ap­pear­ance or con­veni­ence

 

1 Build­ing works serving merely to em­bel­lish the ob­ject, im­prove its ap­pear­ance or make its use more com­fort­able or con­veni­ent may only be car­ried out with the con­sent of all the co-own­ers.

2 If such works are com­mis­sioned with the con­sent of the ma­jor­ity of the co-own­ers who also rep­res­ent a ma­jor­ity share in the ob­ject, they may be car­ried out even against the wishes of a dis­sent­ing co-own­er provid­ing they do not per­man­ently im­pair the lat­ter’s right of use and en­joy­ment and the oth­er co-own­ers com­pensate him or her for the merely tem­por­ary impair­ment and as­sume his or her share of the costs.

540In­ser­ted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 648541  

6. Power of dis­pos­al over the ob­ject

 

1 Each co-own­er is en­titled to rep­res­ent, use and ex­ploit the ob­ject in­so­far as is com­pat­ible with the rights of the oth­er co-own­ers.

2 The ali­en­a­tion or en­cum­brance of the ob­ject and the modi­fic­a­tion of its des­ig­nated pur­pose re­quire the con­sent of all co-own­ers, un­less they have un­an­im­ously agreed some oth­er ar­range­ment.

3 Where mort­gage rights or real bur­dens ap­ply to co-own­er­ship shares, the co-own­ers are not per­mit­ted to fur­ther en­cum­ber the ob­ject it­self with such charges.

541Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 649542  

7. Costs and ex­penses

 

1 Ex­cept where oth­er­wise provided, the ad­min­is­trat­ive costs, taxes and oth­er ex­penses arising from co-own­er­ship or in re­la­tion to the ob­ject in co-own­er­ship are borne by the co-own­ers in pro­por­tion to their shares.

2 If a co-own­er has borne more than his or her fair share of such costs, he or she is en­titled to com­pens­a­tion from the oth­ers to an equi­val­ent ex­tent.

542Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 649a544  

8. Bind­ing nature of rules and not­ing in the land re­gister

 

The use and ad­min­is­tra­tion rules agreed by the co-own­ers, their ad­min­is­trat­ive de­cisions and all rel­ev­ant court judg­ments and or­ders are also bind­ing on a co-own­er’s leg­al suc­cessor and on any per­son ac­quir­ing a right in rem to a co-own­er­ship share.

2 They may be noted next to co-own­er­ship shares of im­mov­able prop­erty in the land re­gister.545

544In­ser­ted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

545 In­ser­ted by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

Art. 649b546  

9. Ex­clu­sion from col­lect­ive own­er­ship

a. Co-own­ers

 

1 A co-own­er may be ex­cluded from the com­munity of co-own­ers by court or­der if, as a res­ult of his or her con­duct or that of per­sons to whom he or she gran­ted use of the ob­ject or for whom he or she is re­spons­ible, his or her du­ties to­wards the oth­er co-own­ers in­di­vidu­ally or col­lect­ively are so ser­i­ously vi­ol­ated that con­tinu­ation of the com­munity of co-own­ers be­comes un­reas­on­able.

2 Where the com­munity com­prises only two co-own­ers, each has the right to sue the oth­er; in oth­er cases, un­less oth­er­wise agreed, leg­al ac­tion against one co-own­er must be au­thor­ised by a ma­jor­ity of all the co-own­ers ex­clud­ing the per­son to be sued.

3 If the court rules in fa­vour of ex­clud­ing the de­fend­ant, it shall or­der him or her to ali­en­ate his or her share and, should he or she fail to do so with­in the al­lowed time lim­it, shall or­der it to be sold at pub­lic auc­tion in ac­cord­ance with the pro­vi­sions gov­ern­ing the forced sale of land to the ex­clu­sion of the pro­vi­sions gov­ern­ing dis­sol­u­tion of co-own­er­ship.

546In­ser­ted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 649c547  

b. Fur­ther en­titled per­sons

 

The pro­vi­sions gov­ern­ing ex­clu­sion of co-own­ers ap­ply mu­tatis mutandis to usu­fructu­ar­ies and to own­ers of oth­er rights in rem or per­son­al rights of use entered un­der pri­or­ity no­tice in the land re­gister in re­spect of co-own­er­ship shares.

547In­ser­ted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

Art. 650548  

10. Dis­sol­u­tion

a. Right to re­quest di­vi­sion

 

1 Every co-own­er has the right to re­quest the dis­sol­u­tion of the co-own­er­ship un­less this is ex­cluded by an agree­ment, by di­vi­sion of the ob­ject in­to con­domin­i­um units or by the ded­ic­a­tion of the ob­ject to a per­man­ent pur­pose.

2 Dis­sol­u­tion may be ex­cluded for a max­im­um of 50 years by means of an agree­ment which, where the ob­ject is land, is val­id only if done as a pub­lic deed and which may be entered un­der pri­or­ity no­tice in the land re­gister.549

3 Dis­sol­u­tion may not be re­ques­ted at an in­op­por­tune time.

548Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

549 Amended by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

Art. 651  

b. Form of par­ti­tion

 

1 Dis­sol­u­tion is ef­fected by means of phys­ic­al di­vi­sion, by private sale or sale at auc­tion and di­vi­sion of the sale pro­ceeds, or by trans­fer of the en­tire ob­ject to one or more co-own­ers who buy out the oth­ers.

2 If the co-own­ers are un­able to agree on the meth­od of dis­sol­u­tion, the court will or­der the phys­ic­al di­vi­sion of the ob­ject or, where this is im­possible without sub­stan­tially di­min­ish­ing its value, its sale at pub­lic auc­tion or private auc­tion among the co-own­ers.

3 Phys­ic­al di­vi­sion giv­ing rise to un­equal shares may en­tail mon­et­ary pay­ments to bal­ance out the shares.

Art. 651a550  

c. An­im­als kept as pets

 

1 In the event of dis­putes over own­er­ship of an­im­als kept as pets rather than for in­vest­ment or com­mer­cial pur­poses, the court will award sole own­er­ship to whichever party of­fers the bet­ter con­di­tions of an­im­al wel­fare in which to keep the an­im­al.

2 The court may or­der the per­son to whom own­er­ship of the an­im­al is awar­ded to provide ap­pro­pri­ate com­pens­a­tion to the oth­er party; the court de­term­ines the amount at its dis­cre­tion.

3 The court shall take all ne­ces­sary pro­vi­sion­al meas­ures, in par­tic­u­lar in re­la­tion to the an­im­al’s care in the in­ter­im.

550In­ser­ted by No I of the FA of 4 Oct. 2002 (Art­icle of Ba­sic Prin­ciples: An­im­als), in force since 1 April 2003 (AS 2003 463; BBl 2002 41645806).

Art. 652  

II. Joint own­er­ship

1. Pre­requis­ites

 

If sev­er­al per­sons bound to­geth­er in­to a com­munity by leg­al pro­vi­sion or con­tract own an ob­ject by vir­tue of that com­munity, they are joint own­ers and the rights of each joint own­er at­tach to the whole ob­ject.

Art. 653  

2. Ef­fect

 

1 The rights and ob­lig­a­tions of the joint own­ers are de­term­ined by the rules gov­ern­ing their leg­al or con­trac­tu­al com­munity.

2 Un­less oth­er­wise provided, the un­an­im­ous de­cision of all the joint own­ers is re­quired in or­der to ex­er­cise own­er­ship rights and in par­tic­u­lar to dis­pose of the ob­ject in any way.

3 For the dur­a­tion of the com­munity, the right to di­vide the ob­ject or make dis­pos­i­tions re­lat­ing to a frac­tion of it is ex­cluded.

Art. 654  

3. Dis­sol­u­tion

 

1 Dis­sol­u­tion oc­curs when the ob­ject is ali­en­ated or the com­munity is ter­min­ated.

2 Un­less oth­er­wise provided, di­vi­sion of the ob­ject is ef­fected ac­cord­ing to the pro­vi­sions gov­ern­ing co-own­er­ship.

Art. 654a551  

III. Joint own­er­ship of ag­ri­cul­tur­al en­ter­prises and land

 

The dis­sol­u­tion of joint own­er­ship of ag­ri­cul­tur­al en­ter­prises and ag­ri­cul­tur­al land is gov­erned by the Fed­er­al Act of 4 Oc­to­ber 1991552 on Rur­al Land Rights.

551In­ser­ted by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rur­al Land Rights, in force since 1 Jan. 1994 (AS 19931410; BBl 1988III 953).

552SR 211.412.11

Title Nineteen: Land Ownership

Chapter One: Object, Acquisition and Loss of Land Ownership

Art. 655554  

A. Sub­ject mat­ter

I. Im­mov­able prop­erty

 

1 The ob­ject of land own­er­ship is all im­mov­able prop­erty.

2 With­in the mean­ing of this Code, im­mov­able prop­erty in­cludes:

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.

3 An ease­ment re­lat­ing to im­mov­able prop­erty may be re­cor­ded in the land re­gister as an in­de­pend­ent and per­man­ent right if it:

1.
is not cre­ated in fa­vour of a be­nefited prop­erty nor ex­clus­ively for a spe­cif­ic per­son; and
2.
is es­tab­lished for at least 30 years or for an un­lim­ited peri­od.555

554Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).

555 In­ser­ted by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

Art. 655a556  

II. De­pend­ent prop­erty

 

1 A par­cel of land may be linked to an­oth­er par­cel of land such that the own­er of the main par­cel of land is also the own­er of the at­tached par­cel of land. The at­tached par­cel shares the same leg­al des­tiny as the main par­cel and may not be ali­en­ated, pledged or en­cumbered sep­ar­ately.

2 If the par­cels are linked for a per­man­ent pur­pose, the stat­utory right of pre-emption of the co-own­ers and the right to de­mand dis­sol­u­tion may not be claimed.

556 In­ser­ted by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

Art. 656  

B. Ac­quis­i­tion

I. Re­gis­tra­tion

 

1 The ac­quis­i­tion of land own­er­ship must be re­cor­ded in the land re­gister.

2 In the case of ap­pro­pri­ation, in­her­it­ance, com­puls­ory pur­chase, debt en­force­ment or court judg­ment, the ac­quirer be­comes the own­er even be­fore re­gis­tra­tion in the land re­gister but ob­tains the power of dis­pos­al over the im­mov­able prop­erty only once he or she has been re­cor­ded as the own­er in the land re­gister.

Art. 657  

II. Types of ac­quis­i­tion

1. Trans­fer

 

1 In or­der to be bind­ing, a con­tract to trans­fer land own­er­ship must be ex­ecuted as a pub­lic deed.

2 Test­a­ment­ary dis­pos­i­tion and mar­it­al con­tracts re­quire the forms pre­scribed by the law of suc­ces­sion and mar­it­al prop­erty law.

Art. 658  

2. Ap­pro­pri­ation

 

1 Im­mov­able prop­erty re­cor­ded in the land re­gister may be ap­pro­pri­ated only if the re­gister es­tab­lishes that it has no own­er.

2 Ap­pro­pri­ation of land not re­cor­ded in the land re­gister is sub­ject to the pro­vi­sions gov­ern­ing own­er­less ob­jects.

Art. 659  

3. Form­a­tion of new land

 

1 If new ex­ploit­able land is formed from pre­vi­ously own­er­less land as a res­ult of al­lu­vi­on, filling or ground dis­place­ment, changes in the course or level of pub­lic wa­ters or in some oth­er man­ner, such land be­longs to the can­ton in which it lies.

2 The can­tons are free to al­loc­ate such land to own­ers of ad­join­ing land.

3 If a per­son can show that parts of ground have be­come de­tached from his or her prop­erty, he or she is en­titled to take them back with­in an ap­pro­pri­ate peri­od.


Art. 660  

4. Ground dis­place­ment

a. In gen­er­al

 

1 Ground dis­place­ment from one par­cel of land to an­oth­er does not al­ter the bound­ar­ies of the par­cels.

2 Earth and oth­er ob­jects mov­ing from one par­cel to the oth­er in the pro­cess are sub­ject to the pro­vi­sions gov­ern­ing driftage or the join­ing and mix­ing of chat­tels.

Art. 660a558  

b. Con­stant ground dis­place­ment

 

1 The gen­er­al prin­ciple whereby ground dis­place­ment does not al­ter land bound­ar­ies does not ap­ply to areas des­ig­nated by the can­tons as be­ing in per­man­ent danger of ground dis­place­ment.

2 When des­ig­nat­ing such areas, due con­sid­er­a­tion shall be giv­en to the char­ac­ter­ist­ics of the land in ques­tion.

3 Where a par­cel of land forms part of such an area, this fact must be no­ti­fied in an ap­pro­pri­ate man­ner to the in­ter­ested parties and re­cor­ded in the land re­gister.

558In­ser­ted by No I of the FA of 4 Oct. 1991 on the Par­tial Re­vi­sion of the Civil Code (Im­mov­able Prop­erty Law) and of the Code of Ob­lig­a­tions (Pur­chase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).

Art. 660b559  

c. Re­draw­ing of bound­ar­ies

 

1 If a land bound­ary is rendered im­prac­tic­al by ground dis­place­ment, any af­fected landown­er may re­quest that it be re­drawn.

2 Any loss or gain in value shall be bal­anced out.

559In­ser­ted by No I of the FA of 4 Oct. 1991 on the Par­tial Re­vi­sion of the Civil Code (Im­mov­able Prop­erty Law) and of the Code of Ob­lig­a­tions (Pur­chase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).

Art. 661  

5. Ad­verse pos­ses­sion

a. Or­din­ary ad­verse pos­ses­sion

 

Where a per­son has been wrongly re­cor­ded in the land re­gister as the own­er of im­mov­able prop­erty, his or her own­er­ship may no longer be chal­lenged if he or she has been in pos­ses­sion of it in good faith, un­in­ter­rup­tedly and without chal­lenge for ten years.

Art. 662  

b. Ex­traordin­ary ad­verse pos­ses­sion

 

1 Where a per­son has been in pos­ses­sion of im­mov­able prop­erty not re­cor­ded in the land re­gister un­in­ter­rup­tedly and without chal­lenge for 30 years as if it were his or her prop­erty, he or she has the right to be re­gistered as the own­er.

2 The same right ap­plies on the same con­di­tions to a per­son in pos­ses­sion of im­mov­able prop­erty whose own­er is not evid­ent from the land re­gister or who was de­clared dead or pre­sumed dead at the be­gin­ning of the 30-year ad­verse pos­ses­sion peri­od.

3 However, such re­gis­tra­tion may be made only by court or­der on ex­piry of a pub­licly no­ti­fied peri­od for ob­jec­tions, provided no such ob­jec­tions have been raised or those raised have been dis­missed.

Art. 663  

c. Time lim­its

 

The rules for com­put­ing, in­ter­rupt­ing and sus­pend­ing ad­verse pos­ses­sion time lim­its are de­term­ined mu­tatis mutandis by the pro­vi­sions gov­ern­ing pre­scrip­tion of debt claims.

Art. 664  

6. Own­er­less and pub­lic ob­jects

 

1 Own­er­less and pub­lic ob­jects are sub­ject to the sov­er­eignty of the can­ton on whose ter­rit­ory they are situ­ated.

2 No rights of private own­er­ship ap­ply to pub­lic wa­ters or to land not suit­able for cul­tiv­a­tion, such as rocks and scree, firn and gla­ciers, or to springs rising there­from, un­less proof to the con­trary is pro­duced.

3 The can­tons shall en­act the pro­vi­sions re­quired to gov­ern the ap­pro­pri­ation of own­er­less land, ex­ploit­a­tion and com­mon use of pub­lic ob­jects such as roads, town and vil­lage squares, wa­ter­ways and ri­ver­beds.

Art. 665  

III. Right to re­gis­tra­tion

 

1 By vir­tue of ac­quis­i­tion, the ac­quirer gains a per­son­al claim against the own­er to be re­cor­ded in the land re­gister and, should the own­er re­fuse, the right to have own­er­ship awar­ded by court or­der.

2 In the case of ap­pro­pri­ation, in­her­it­ance, com­puls­ory pur­chase, debt en­force­ment or court judg­ment, the ac­quirer may ob­tain such re­gis­tra­tion on his or her own ini­ti­at­ive.

3 Changes to land own­er­ship oc­cur­ring by op­er­a­tion of law as a res­ult of mar­it­al com­munity of prop­erty or the dis­sol­u­tion there­of shall be re­cor­ded in the land re­gister at the re­quest of either spouse.560

560Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122153Art. 1; BBl 1979 II 1191).

Art. 666  

C. Loss

 

1 Land own­er­ship is ex­tin­guished on de­le­tion of the land re­gister entry and on com­plete loss of the im­mov­able prop­erty.

2 In the case of com­puls­ory pur­chase, the time at which the loss oc­curs is de­term­ined ac­cord­ing to fed­er­al and can­ton­al com­puls­ory pur­chase law.

Art. 666a561  

D. Ju­di­cial meas­ures

I. Where the own­er can­not be found

 
1 If the own­er re­cor­ded in the land re­gister can­not be iden­ti­fied, if his or her ad­dress is un­known or if the name or ad­dress of one or more of his or her heirs is un­known, the court may on ap­plic­a­tion or­der the re­quired meas­ures.
2 The court may in par­tic­u­lar ap­point a rep­res­ent­at­ive. On ap­plic­a­tion, it shall stip­u­late the ex­tent of the powers of rep­res­ent­a­tion. Un­less it stip­u­lates oth­er­wise, such powers shall be lim­ited to meas­ures to main­tain the prop­erty.

3 The fol­low­ing may ap­ply for meas­ures to be ordered:

1.
any per­son with a le­git­im­ate in­terest;
2.
the land re­gister at the loc­a­tion of the im­mov­able prop­erty.

4 The or­der­ing of meas­ures does not in­ter­rupt the peri­od re­quired to ob­tain ex­traordin­ary ad­verse pos­ses­sion.

561 In­ser­ted by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

Art. 666b562  

II. In the ab­sence of the re­quired man­age­ment bod­ies

 

If a leg­al en­tity or oth­er rights hold­er that is re­cor­ded in the land re­gister as the own­er no longer has the re­quired man­age­ment bod­ies, and per­son with a le­git­im­ate in­terest or the land re­gister at the loc­a­tion of the im­mov­able prop­erty may ap­ply to the court for the re­quired meas­ures re­lat­ing to the im­mov­able prop­erty to be ordered.

562 In­ser­ted by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

Chapter Two: Substance and Limitation of Land Ownership

Art. 667  

A. Sub­stance

I. Scope

 

1 Land own­er­ship ex­tends up­wards in­to the air and down­wards in­to the ground to the ex­tent de­term­ined by the own­er’s le­git­im­ate in­terest in ex­er­cising his or her own­er­ship rights.

2 With­in the lim­its pre­scribed by law, it in­cludes all build­ings and plants as well as springs.