272 Swiss Civil Procedure Code - Federal Council
272English is not an official language of the Swiss Confederation. This translation isprovided for information purposes only and has no legal force.Swiss Civil Procedure Code(Civil Procedure Code, CPC)of 19 December 2008 (Status as of 1 January 2021)The Federal Assembly of the Swiss Confederation,based on Article 122 paragraph 1 of the Federal Constitution1,and having considered the Federal Council Dispatch of 28 June 2006 2,decrees:Part 1Title 1General ProvisionsSubject Matter and Scope of ApplicationArt. 1Subject matterThis Code governs the proceedings before the cantonal authorities for:a.contentious civil matters;b.court orders in non-contentious matters;c.court orders in matters of debt enforcement and bankruptcy law;d.arbitration.Art. 2International mattersThe provisions of international treaties and of the Federal Act of 18 December 1987 3on International Private Law (IPLA) are reserved.Art. 3Organisation of the courts and the conciliation authoritiesThe organisation of the courts and the conciliation authorities is in the competenceof the cantons, unless the law provides otherwise.AS 2010 17391SR 1012BBl 2006 72213RS 2911
272Administration of Civil JusticeTitle 2Chapter 1Jurisdiction of the Courts and RecusalMaterial Jurisdiction and Functional JurisdictionArt. 4PrinciplesCantonal law governs the material jurisdiction and functional jurisdiction of thecourts, unless the law provides otherwise.1If the material jurisdiction depends on the value in dispute, such value is calculatedaccording to this Code.2Art. 5Court of sole cantonal instanceThe cantonal law designates the court that has jurisdiction as sole cantonal instancefor:1a.disputes in connection with intellectual property rights, including disputesconcerning the nullity, ownership, licensing, transfer and violation of suchrights;b.cartel law disputes;c.disputes on the use of a business name;d.disputes under the Unfair Competition Act of 19 December 19864 if theamount in dispute exceeds 30,000 francs or if the Confederation exercises itsright to file an action;e.disputes under the Nuclear Energy Public Liability Act of 18 March 1983 5;f.claims against the Confederation;g.the designation of a special comptroller by virtue of Article 697b of theCode of Obligations (CO)6;h.7 disputes under the Collective Investment Schemes Act of 23 June 2006 8, theFinancial Market Infrastructure Act of 19 June 20159 and the Financial Institutions Act of 15 June 201810;i.11 disputes under the Coat of Arms Protection Act of 21 June 201312, the Federal Act of 25 March 195413 on the Protection of the Emblem and Name ofthe Red Cross and the Federal Act of 15 December 196114 on the Protection45678910111213142SR 241SR 732.44SR 220Amended by Annex No II 4 of the Financial Institutes Act of 15 June 2018, in force since1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).SR 951.31SR 958.1SR 954.1Inserted by Annex 3 No II 3 of the Coat of Arms Protection Act of 21 June 2013, in forcesince 1 Jan. 2017 (AS 2015 3679; BBl 2009 8533).SR 232.21SR 232.22SR 232.23
Civil Procedure Code272of the Names and Emblems of the United Nations Organization and other Intergovernmental Organisations.2This court is also competent to order interim measures before an action is pending.Art. 6Commercial CourtThe cantons may designate a special court that has jurisdiction as sole cantonalinstance for commercial disputes (Commercial Court).12A dispute is considered commercial, if:a.it concerns the commercial activity of at least one party;b.the decision is subject to an objection in civil matters to the Federal SupremeCourt; andc.the parties are registered in the Swiss Commercial Registry or in an equivalent foreign registry.If only the defendant is registered in the Swiss Commercial Register or in anequivalent foreign register, but all the other conditions are met, the plaintiff maychoose between the Commercial Court and the ordinary court.34The cantons may also assign to the Commercial Court:a.the disputes mentioned in Article 5 paragraph 1;b.the disputes relating to the law of commercial companies and cooperatives.The Commercial Court is also competent to order interim measures before anaction is pending.5Art. 7Disputes concerning insurance supplementary to social healthinsuranceThe cantons may designate a court that has jurisdiction as sole cantonal instance fordisputes relating to insurance supplementary to social health insurance under theFederal Act of 18 March 199415 on Health Insurance.Art. 8Direct action before the higher courtIf in a financial dispute the value in dispute is at least CHF 100,000, the plaintiffmay, with the consent of the defendant, file its action directly before the highercourt.12This court decides as the sole cantonal instance.15SR 832.103
272Administration of Civil JusticeChapter 2Section 1Territorial JurisdictionGeneral ProvisionsArt. 9Mandatory jurisdiction1A place of jurisdiction is mandatory only if the law expressly so provides.2Parties may not derogate from a mandatory place of jurisdiction.Art. 101Domicile and registered officeUnless this Code provides otherwise, the following court has jurisdiction:a.for actions against a natural person: the court at the person's domicile;b.for actions against legal entities, public corporations and institutions as wellas general partnerships and limited partnerships: the court at the location oftheir registered office;c.for actions against the Confederation: the Supreme Court of the Canton ofBern or the supreme court of the canton where the plaintiff's domicile, registered office or habitual residence is located;d.for actions against a canton: a court in the canton's capital.Domicile is determined in accordance with the Civil Code (CC)16. Article 24 CCdoes not apply.2Art. 11ResidenceIf the defendant has no domicile, the court at his or her habitual residence hasjurisdiction.1A habitual residence is the place where a person lives for a certain period of time,even if that period is limited from the outset.2If the defendant has no habitual residence, the court at his or her last known placeof residence has jurisdiction.3Art. 12EstablishmentFor actions arising out of the commercial or professional activity of an establishmentor branch, the court at the defendant's domicile or registered office or at the locationof the establishment has jurisdiction.Art. 13Interim measuresUnless the law provides otherwise, the following court has mandatory jurisdiction toorder interim measures:164SR 210
Civil Procedure Codea.the court that has jurisdiction to decide the main action; orb.the court at the place where the measure is to be enforced.Art. 14272CounterclaimA counterclaim may be filed in the court that has jurisdiction over the main action,provided the counterclaim has a factual connection with the main action.1This place of jurisdiction subsists even if the main action is dismissed for whateverreason.2Art. 15Joinder of parties and joinder of actionsIf an action is directed against two or more defendants, the court that has jurisdiction with regard to one defendant has jurisdiction with regard to all defendantsunless jurisdiction is based solely on an agreement on jurisdiction.1If two or more actions that are factual connected are raised against one and thesame defendant, each court that has jurisdiction over any one of the actions hasjurisdiction over all of them.2Art. 16Third party actionThe court that has jurisdiction to decide the main action also decides on the thirdparty action.Art. 17Agreement on jurisdictionUnless the law provides otherwise, the parties may agree on which court has jurisdiction over an existing or future dispute arising from a particular legal relationship.Unless the agreement provides otherwise, the action may only be brought beforeagreed court.1The agreement must be in writing or in any other form allowing it to be evidencedby text.2Art. 18Acceptance by appearanceUnless the law provides otherwise, the seised court has jurisdiction if the defendantenters an appearance on the merits without objecting to the court's jurisdiction.Art. 19Non-contentious mattersUnless the law provides otherwise, the court or authority at the domicile or registered office of the applicant has mandatory jurisdiction over non-contentious matters.5
272Administration of Civil JusticeSection 2Law of PersonsArt. 20Protection of personal privacy and data protectionThe court at the domicile or registered office of either of the parties has jurisdictionto decide on:a.actions based on an invasion of the personal privacy;b.requests for a right of reply;c.actions for name protection and actions challenging a name change;d.actions and requests based on Article 15 of the Federal Act of 19 June199217 on Data Protection.Art. 21Declaration of death and declaration of presumed deathThe court at the last known domicile of the missing person has mandatory jurisdiction over applications relating to a declaration of death or declaration of presumeddeath (Art. 34 to 38 CC18).Art. 22Modification of the civil registerFor actions concerning the modification of the civil register, the court of the districtin which the entry to be modified was made or should have been made has mandatory jurisdiction.Section 3Family LawArt. 23Applications and actions based on marital lawThe court at the domicile of either of the parties has mandatory jurisdiction overapplications and actions based on marital law as well as applications for interimmeasures.1The court at the domicile of the debtor has mandatory jurisdiction over applications for separation of property by the supervisory authority in debt enforcement andbankruptcy matters.2Art. 24Applications and actions in registered partnership mattersThe court at the domicile of one of the parties has mandatory jurisdiction overapplications and actions in matters of registered partnerships as well as requests forinterim measures.17186SR 235.1SR 210
Civil Procedure CodeArt. 25272Actions relating to parent-child relationshipsThe court at the domicile of one of the parties has mandatory jurisdiction overactions to declare or contest a parent-child relationship.Art. 26Actions for maintenance and assistanceThe court at the domicile of either of the parties has mandatory jurisdiction overseparate actions claiming maintenance brought by children against their parents orfor actions against relatives with an obligation to provide assistance.Art. 27Claims of the unmarried motherThe court at the domicile of either of the parties has mandatory jurisdiction over theclaims of the unmarried mother.Section 4Law of SuccessionArt. 28The court at the last domicile of the deceased has jurisdiction over actions underthe law of succession as well as actions for the division of the marital property onthe death of a spouse or a registered partner.1The authorities at the last domicile of the deceased have mandatory jurisdictionover measures in connection with succession. If death did not occur at the domicile,the authorities at the place of death shall notify the authorities at the place of domicile and take the necessary measures to ensure the conservation of the assets situatedat the place of death.2Independent actions for the allocation on death of an agricultural enterprise oragricultural land may also be brought before the court at the place where the property is located.3Section 5Property LawArt. 29Immovable propertyThe court at the place where a property is or should be recorded in the land registerhas jurisdiction to decide on:1a.actions in rem;b.actions against the community of condominium owners;c.actions for the registration of statutory charges on immovable property.Other actions relating to immovable property rights may also be brought before thecourt at the domicile or registered office of the defendant.27
272Administration of Civil JusticeIf an action concerns multiple properties or if a property is recorded in the landregister of several districts, the court where the largest property or the largest part ofthe property is situated has jurisdiction.3In non-contentious matters relating to immovable property rights, the court at theplace where the property is or should be recorded in the land register has mandatoryjurisdiction.4Art. 30ChattelsFor actions relating to rights in rem or possession of chattels or claims secured bycharges on chattels, the court at the domicile or registered office of the defendant orat the place where the item is located has jurisdiction.1In non-contentious matters, the court at the domicile or registered office of theapplicant or with the court at the place where the item is located has mandatoryjurisdiction.2Section 6Actions in ContractArt. 31PrincipleThe court at the domicile or registered office of the defendant or at the place wherethe characteristic performance must be rendered has jurisdiction over actions relatedto contracts.Art. 321Consumer contractsThe following court has jurisdiction in disputes concerning consumer contracts:a.for actions brought by the consumer: the court at the domicile or registeredoffice of one of the parties;b.for actions brought by the supplier: the court at the domicile of the defendant.Consumer contracts are contracts on supplies for ordinary consumption intendedfor the personal use of the consumer or his family and offered by the other party inthe course of its professional or commercial activity.2Art. 33Tenancy and lease of immovable propertyThe court at the place where the immovable property is situated has jurisdiction todecide actions based on a contract for the tenancy or lease of immovable property.Art. 34Employment LawThe court at the domicile or registered office of the defendant or where the employee normally carries out his or her work has jurisdiction to decide actions relatingto employment law.18
Civil Procedure Code272If a job applicant or an employee brings an action based on the Recruitment Act of6 October 198919, the court at the place of the business establishment of the recruitment or hiring agent with whom the contract was concluded also has jurisdiction.2Art. 35Waiver of statutory jurisdictionThe following persons may not waive the jurisdiction provided for in Articles 32 to34, whether in by advance agreement or by entering appearance:1a.the consumer;b.the tenant or lessee of a residential or business property;c.the farmer in case of agricultural farm leases;d.the person seeking employment or the employee.The conclusion of an agreement on jurisdiction after the emergence of the disputeis reserved.2Section 7Actions in TortArt. 36PrincipleThe court at the domicile or registered office of the aggrieved person or the defendant, or where the act occurred or had its effect has jurisdiction over actions in tort.Art. 37Damages for unjustified interim measuresThe court at the domicile or registered office of the defendant or at the place wherethe measures have been ordered has jurisdiction to decide actions for damagesresulting from unjustified interim measures.Art. 38Motor vehicle and bicycle accidentsThe court at the domicile or registered office of the defendant or at the place of theaccident has jurisdiction to decide actions resulting from motor vehicle and bicycleaccidents.1Actions against the Swiss National Bureau of Insurance (Art. 74 of the RoadTraffic Act of 19 December 195820; RTA) or against the Swiss National GuaranteeFund (Art. 76 RTA) may also be brought before the court at the place of any branchof such institutions.2Art. 39Incidental civil claimThe competence of the criminal court to decide incidental civil actions is reserved.1920SR 823.11SR 741.019
272Administration of Civil JusticeSection 8Commercial LawArt. 40Company law and the commercial register21The court at the domicile or registered office of the defendant or the court at theregistered office of the company has jurisdiction to decide actions concerning liability in company law.1The court at the last registered office of the deleted legal entity has mandatoryjurisdiction over the reinstatement of a deleted legal entity in the commercial register.222Art. 4123Art. 42Mergers, demergers, transformations, transfers of assets andliabilitiesThe court at the registered office of one of the involved entities has jurisdiction todecide actions relating to the Mergers Act of 3 October 200324.Art. 43Cancellation of securities and insurance policies, injunction againstpaymentThe court at the registered office of the company has mandatory jurisdiction todeclare the cancellation of shares.1The court at the place where the immovable property is recorded in the land register has mandatory jurisdiction to declare the cancellation of mortgage instruments.2The court at the domicile or registered office of the debtor has mandatory jurisdiction to declare the cancellation of other securities and insurance policies.3The court at the place of payment has mandatory jurisdiction to issue injunctionsagainst payment under a bill of exchange or cheque and to declare their cancellation.4Art. 44BondsThe place of jurisdiction for the authorisation to convene a creditors' meeting isgoverned by Article 1165 CO25.212223242510Amended by Annex No 2 of the FA of 17 March 2017 (Commercial Register Law), inforce since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617).Inserted by Annex No 2 of the FA of 17 March 2017 (Commercial Register Law), inforce since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617).Repealed by No II 1 of the FA of 28 Sept. 2012, with effect from 1 May 2013(AS 2013 1103; BBl 2011 6875).SR 221.301SR 220
Civil Procedure CodeArt. 45272Collective investment schemesThe court at the registered office of the concerned licence holder has mandatoryjurisdiction to decide on actions brought by the investors or the representative of thecommunity of investors.Section 9Debt Enforcement and Bankruptcy LawArt. 46The place of jurisdiction for actions under the Federal Act of 11 April 188926 onDebt Enforcement and Bankruptcy (DEBA) is determined by this chapter unless theDEBA provides for a place of jurisdiction.Chapter 3RecusalArt. 47Grounds for recusal12Judges and judicial officers shall recuse themselves if:a.they have a personal interest in the case;b.they have acted in the same case in another capacity, in particular as memberof an authority, legal agent, expert witness, witness or mediator;c.they are or were married to, or live or lived in a registered partnership or cohabit with a party or his or her representative or a person who has acted inthe same case as a member of the lower court;d.they are related to a party by birth or marriage in direct line or in collateralline up to the third degree;e.they are related by birth or marriage in direct line or in collateral line up tothe second degree to the representative of a party or a person who has actedin the same case as a member of the lower court;f.they may not be impartial for other reasons, notably due to friendship or enmity with a party or his or her representative.Involvement in the following, in particular, is in itself no reason for recusal:2627a.the decision on legal aid;b.the conciliation proceedings;c.the setting aside of an objection under Articles 80 to 84 DEBA27;d.the ordering of interim measures;e.proceedings for protection of the marital union.SR 281.1SR 281.111
272Art. 48Administration of Civil JusticeDuty to provide informationThe judge or judicial officer concerned shall make a timely disclosure of any possible reason for recusal and shall recuse him- or herself voluntarily if he or she considers that such reason exists.Art. 49Application for recusalA party that wishes to challenge a judge or judicial officer must file the corresponding application as soon as it has become aware of the reason for recusal. Itmust show credibly the facts that justify the challenge.12The judge or judicial officer concerned shall respond to the application.Art. 50Decision1If the reason given for recusal is disputed, the court shall decide.2The de
Civil Procedure Code 3 272 of the Names and Emblems of the United Nations Organization and other In-tergovernmental Organisations. 2 This court is also competent to order interim measures before an action is pending. Art. 6 Commercial Court 1 The cantons may designate a special court that has jurisdiction as sole cantonal instance for commercial disputes (Commercial Court).
Swiss International Hotels & Resorts Operating Manual Page 6 1. INTRODUCTION Swiss International Hotels & Resorts is the upscale to upper upscale hotel collection of Swiss International Hospitality Commons (hereafter Swiss International). The present Operating Manual defines the unique signature elements, design standards, and service
Swiss Chemical Society (SCS), division of Medicinal Chemistry & Chemical Biology (DMCCB) Swiss Society for Anatomy, Histology and Embryology (SSAHE) Swiss Society for Experimental Pharmacology (SSEP) Swiss Laboratory Animal Science Association (SGV) LS2 IS A MEMBER OF THE SWISS ACADEMY
The prize money for the Swiss Design Award is a monetary sum of 25,000 Swiss francs. By recommendation of the Federal Design Commission, this year 17 designers are honoured in the categories of photography (3), graphic design (5), fashion and textile design (3), products and objects (4), and mediation (2). NEWSPAPER SWISS DESIGN AWARDS
What is Civil Engineering? Civil Engineering: The Present The first self-proclaimed civil engineer was John Smeaton (1724 -1792). What is Civil Engineering? Civil Engineering: The Present In 1818 the Institution of Civil Engineers was founded in London and received a Royal Charter in 1828, formally recognizing civil engineering as a profession.File Size: 2MBPage Count: 17Explore furtherIntroduction to Civil Engineeringwebpages.uncc.edu[PDF] Civil Engineering Books Huge Collection (Subject .learnengineering.inEngineering Books Pdfwww.engineeringbookspdf.comRecommended to you b
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 1 CHAPTER 12 CODE OF ORGANIZATION AND CIVIL PROCEDURE To amend and consolidate the Laws of Organization and Civil Procedure. * 1st August, 1855 ORDINANCE IV of 1854 as amended by Ordinances: V, VII and X of 1856, XII of 1857, XI of 1858, XI of 1859, IV of 1862, III of 1863, V of 1864, IV of 1865, IV of 1868, IX of 1871, VII of 1876, I, VI and .
CIVIL PROCEDURE CODE AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OF THE CIVIL COURTS. [1st August , 1890] CHAPTER I PRELIMINARY Short title. 1. This Ordinance may be cited as the Civil Procedure Code. [2,20 of 1977] [2,79 of 1988] [2,20 of 1977] [2,20 of 1977] [2,20 of 1977] [2,20 of 1977] [2,20 of 1977] [2,20 of 1977] Where no provision is made special directions .
Bockus, John Civil War 0-48 Knapp, Leonard Civil War 0-62 Bryson, Frank T. Civil War 0-6 Lampson, G. W. Civil War 0-25 Burkley, John I. Civil War 0-65A Martin, Jacob A. Civil War 0-49 Carr, Asa M. Civil War 0-39 Martin, Pembrooke Civil War 0-9A Carr, Julius Civil War 0-39 Mather, Jonathan War of 1812 0-78
A digital concrete hammer, model 58-C181/F, made by Controls with an impact energy of 2.207 joules was used. This model complies with the following stan-dards: ASTM C 805, UNI 9189-88, BS 1881, NF P18-417, DIN 1048, ISO/DIN 8045. A well-calibrated ham-mer of these standards is expected to generate the same readings as presented here. Hammer readings were determined on samples of the following .
