Civil Procedure Code (CPC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Title 1 Attempt at Conciliation
Chapter 1 Scope of Application and Conciliation Au
Art. 197 Principle
Litigation shall be preceded by an attempt at conciliation before a conciliation authority.
Art. 198 Exceptions
Conciliation proceedings are not held: a. in summary proceedings; abis. in proceedings on violence, threats or harassment pursuant to Article 28b CC or on electronic monitoring pursuant to Article 28c CC; b. in proceedings on civil status; bbis. in proceedings relating to maintenance for minor and adult children and other children’s matters; c. in divorce proceedings; d. in proceedings for the dissolution or annulment of a registered partnership; e. for the following actions arising from the DEBA: 1. action for release from a debt (Art. 83 para. 2 DEBA), 2. action for a declaratory judgment (Art. 85a DEBA), 3. third party action (Art. 106-109 DEBA), 4. action for participation (Art. 111 DEBA), 5. third party actions and actions by the bankrupt estate (Art. 242 DEBA), 6. action to challenge the schedule of claims (Art. 148 and 250 DEBA), 7. action to ascertain new assets (Art. 265a DEBA), 8. action for the recovery of items that are subject to the right of retention (Art. 284 DEBA); f.
let. abis — Inserted by No I 2 of the FA of 14 Dec. 2018 on Improving the Protection of Persons Affected by Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307). let. abis — SR 210 let. bbis — Inserted by Annex No 2 of the FA of 20 March 2015 (Child Maintenance) (AS 2015 4299; BBl 2014 529). Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). let. d — Amended by No II of the FA of 25 Sept.
Art. 199 Waiver of conciliation
1 In financial disputes with a value in dispute of at least 100,000 francs, the parties may mutually agree to waive any attempt at conciliation. 2 The plaintiff may unilaterally waive conciliation: a. if the defendant's registered office or domicile is abroad; b. if the defendant's residence is unknown; c. in disputes under the Gender Equality Act of 24 March 1995. 3 In disputes for which a single cantonal instance has jurisdiction under Articles 5, 6 and 8, the plaintiff may bring the action directly before the court.
Para. 2 let. c — SR 151.1 Para. 3 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 200 Joint conciliation authorities
1 In disputes relating to the tenancy and lease of residential and business property, the conciliation authority shall comprise a chairperson and an equal number of representatives of each of the parties. 2 In disputes under the Gender Equality Act of 24 March 1995, the conciliation authority shall comprise a chairperson and an equal number of representatives of the employer and employee and of the public and private sectors; the genders must be equally represented.
Para. 2 — SR 151.1
Art. 201 Tasks of the conciliation authority
1 The conciliation authority shall attempt to reconcile the parties in an informal manner. If it helps to resolve the dispute, a settlement may also include contentious matters that are not part of the proceedings. 2 In the disputes mentioned in Article 200, the conciliation authority also provides legal advice to the parties.
Chapter 2 Conciliation Proceedings
Art. 202 Initiation
1 Proceedings are initiated by an application for conciliation. The application may be filed in the forms provided for by Article 130 or orally for the record before the conciliation authority. 2 The application for conciliation must identify the opposing party and include the prayers for relief and a description of the matter in dispute. 3 The conciliation authority shall serve the opposing party with the application immediately and at the same time summon the parties to a hearing. 4 In the disputes mentioned in Article 200, it may as an exception order the exchange of written submissions if it is considering a decision proposal under Article 210 or a decision under Article 212.
Para. 4 — Term in accordance with No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). This amendment has been made throughout the text.
Art. 203 Hearing
1 The hearing must take place within two months of receipt of the application or the end of the exchange of written submissions. 2 The conciliation authority shall consider the physical records presented to it and may conduct an inspection. If it is considering a decision proposal under Article 210 or a decision under Article 212, it may also take other evidence unless this will substantially delay the proceedings. 3 The hearing is not public. In the disputes mentioned in Article 200, the conciliation authority may allow full or partial public access to the hearings if there is a public interest. 4 With the consent of the parties, the conciliation authority may hold additional hearings. The duration of the proceedings must not exceed twelve months.
Art. 204 Personal appearance
1 The parties must appear in person at the conciliation hearing. If a legal entity is a party, a corporate body or a person who has a commercial power of attorney must appear on its behalf who is authorised to conduct the proceedings and conclude a settlement and who is familiar with the subject matter of the dispute. 2 The parties may be accompanied by legal agent or a confidant. 3 The following persons are exempt from appearing in person and may send a representative: a. a person or entity domiciled or registered outside the canton or abroad; b. a person prevented from appearing due to illness or age or for other good cause; c. in the disputes mentioned in Article 243, a person who as an employer or insurer delegates an employee or who as the landlord delegates the property manager, provided the person so delegated is authorised in writing to conclude a settlement. d. any one of two or more plaintiffs or defendants, provided one of the parties is present and authorised to represent t
Para. 1 — Second sentence inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 3 let. a — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 3
Art. 205 Confidentiality of proceedings
1 The statements of the parties may not be recorded or used subsequently in court proceedings. 2 The use of the statements in the case of a decision proposal or a decision by the conciliation authority is reserved.
Art. 206 Default
1 If the plaintiff is in default, the application for conciliation is deemed to have been withdrawn; the proceedings shall be dismissed as groundless. 2 If the defendant is in default, the conciliation authority shall proceed as if no agreement has been achieved (Art. 209–212). 3 If both parties are in default, the proceedings shall be dismissed as groundless. 4 An disciplinary fine of up to CHF 1,000 may be imposed on a defaulting party.
Para. 4 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 207 Costs of conciliation proceedings
1 The costs of the conciliation proceedings are charged to the plaintiff: a. if the application is withdrawn; b. if the proceedings are dismissed due to default; c. if an authorisation to proceed is granted. 2 If an action is filed, the costs of the conciliation proceedings become part of the action.
Chapter 3 Agreement and Authorisation to Proceed
Art. 208 Agreement between the parties
1 If an agreement is reached, the conciliation authority shall place on record the terms of the settlement, the acceptance of the claim or the unconditional withdrawal of the action, and have the record signed by the parties. Each party receives a copy of the record. 2 The settlement, acceptance or unconditional withdrawal shall have the effect of a binding decision.
Art. 209 Authorisation to proceed
1 If no agreement is reached, the conciliation authority records this fact and grants authorisation to proceed: a. to the landlord in cases where a rent increase is challenged; b. to the plaintiff in all other cases. 2 The authorisation to proceed contains: a. the names and addresses of the parties and their representatives, if any; b. the plaintiff's prayers for relief, a description of the matter in dispute, and any counterclaim; c. the date of the initiation of the conciliation proceedings; d. the decision on the costs of the conciliation proceedings; e. the date of the authorisation to proceed; f. the seal of the conciliation authority. 3 The plaintiff is entitled to file the action in court within three months of authorisation to proceed being granted. 4 The deadline is 30 days in disputes over the tenancy and lease of residential and business property or the lease of agricultural property.
Para. 4 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Chapter 4 Decision Proposal and Decision
Art. 210 Decision proposal
1 The conciliation authority may submit a decision proposal to the parties: a. in disputes under the Gender Equality Act of 24 March 1995; b. in disputes relating to the tenancy and lease of residential and business property or the lease of agricultural property if they concern the deposit of rent, protection against abusive rent, protection against termination, or the extension of the rental relationship; c. in other financial disputes, if the value in dispute does not exceed 10,000 francs. 2 The decision proposal may contain a short statement of grounds; otherwise, Article 238 applies by analogy.
Para. 1 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 1 let. a — SR 151.1 Para. 1 let. c — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 211 Effects
1 The decision proposal is deemed to be accepted and has the effect of a binding decision if none of the parties rejects it within 20 days of written notification to the parties. The rejection needs no statement of grounds. 2 After receiving the rejection, the conciliation authority shall grant authorisation to proceed: a. to the rejecting party in matters under Article 210 paragraph 1 letter b; b. to the plaintiff in all other cases. 3 If in matters under Article 210 paragraph 1 letter b the action is not filed in time, the decision proposal is deemed to be accepted and has the effect of a binding decision. 4 The parties must be advised in the decision proposal of its effects in accordance with paragraphs 1 to 3 above.
Art. 212 Decision
1 In financial disputes with a value in dispute not exceeding 2,000 francs, the conciliation authority may render a decision on the merits if the plaintiff so requests. 2 The proceedings are oral. 3 In the event of a decision pursuant to paragraph 1, the conciliation authority shall determine the court costs and the party costs.
Para. 3 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 2 Mediation
Art. 213 Mediation instead of conciliation
1 If all the parties so request, the conciliation proceedings shall be replaced by mediation. 2 The request must be made in the application for conciliation or at the conciliation hearing. 3 The conciliation authority shall grant authorisation to proceed if it is notified by one of the parties that mediation has failed.
Art. 214 Mediation during court proceedings
1 The court may recommend mediation to the parties at any time. 2 The parties may at any time make a joint request for mediation. 3 The court proceedings remain suspended until the request is withdrawn by one of the parties or until the court is notified of the end of the mediation.
Art. 215 Organisation and conduct of mediation
The parties are responsible for organising and conducting the mediation.
Art. 216 Relationship with court proceedings
1 Mediation proceedings are confidential and kept separate from the conciliation authority and the court. 2 The statements of the parties may not be used in court proceedings.
Art. 217 Approval of an agreement
The parties may jointly request that the agreement reached through mediation be approved. An approved agreement has the same effect as a legally binding decision.
Art. 218 Costs of mediation
1 The parties shall bear the costs of mediation. 2 In matters of child law, the parties are entitled to cost-free mediation if: a. they do not have the necessary financial resources; and b. the court recommends mediation. 3 Cantonal law may provide for further exemptions from costs.
Para. 2 — Amended by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Title 3 Ordinary Proceedings
Chapter 1 Scope of Application
Art. 219
The provisions of this Title apply to ordinary proceedings and, by analogy, to all other proceedings, unless the law provides otherwise.
Chapter 2 Exchange of Written Submissions and Prep
Art. 220 Initiation
The ordinary proceedings are initiated by filing the statement of claim.
Art. 221 Statement of claim
1 The statement of claim contains: a. the designation of the parties and their representatives, if any; b. the prayers for relief; c. a statement of the value in dispute; d. the allegations of fact; e. notice of the evidence offered for each allegation of fact; f. the date and signature. 2 The following must be filed together with the statement of claim: a. a power of attorney where a party is represented; b. the authorisation to proceed or the declaration that conciliation is being waived, if applicable; c. the available physical records to be offered in evidence; d. a list of the evidence offered. 3 The statement of claim may include a statement of legal grounds.
Art. 222 Statement of defence
1 The court shall serve the defendant with the statement of claim and at the same time set a deadline for filing a written statement of defence. 2 Article 221 applies to the statement of defence by analogy. The defendant must state therein which of the plaintiff's factual allegations are accepted and which are disputed. 3 The court may order that the statement of defence be limited to specific issues or prayers (Art. 125). 4 It shall serve the plaintiff with the statement of defence.
Art. 223 Failure to file a statement of defence
1 If the statement of defence is not filed within the deadline, the court shall allow the defendant a short period of grace. 2 If the statement of defence is not filed by the end of the period of grace, the court shall make a final decision provided the court is in a position to make a decision. Otherwise, it shall summon the parties to the main hearing.
Art. 224 Counterclaim
1 The defendant may file a counterclaim in the statement of defence, provided the claim made by the defendant is subject to the same type of procedure as the main action. 1bis The counterclaim is also admissible and shall be assessed together with the main action in ordinary proceedings if: a. the claim asserted is only to be assessed under the simplified procedure because of the value in dispute, but the main action is to be assessed in the ordinary procedure; or b. the counterclaim seeks to establish the non-existence of a right or legal relationship after only part of a claim arising from this right or legal relationship has been asserted in the main action and the simplified procedure therefore only applies because of the value in dispute. 2 If the value of the counterclaim exceeds the material jurisdiction of the court, the court shall transfer both claims to the court with greater material jurisdiction. 3 If a counterclaim is filed, the court shall set a deadline for the plaintif
Para. 1bis let. b — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 225 Second exchange of written submissions
The court shall order a second exchange of written submissions if the circumstances so require.
Art. 226 Instruction hearing
1 The court may hold instruction hearings at any time during the proceedings. 2 Instruction hearings are held to discuss the matter in dispute in an informal manner, to complete the facts, to attempt to reach an agreement and to prepare for the main hearing. 3 The court may take evidence.
Art. 227 Amendment of the statement of claim
1 An amendment of the statement of claim is admissible if the new or amended claim is subject to the same type of procedure and: a. a factual connection exists between the new or amended claim and the original claim; or b. if the opposing party consents to the amendment of the statement of claim. 2 If the value of the amended action exceeds the material jurisdiction of the court, the court shall transfer the case to a court with greater material jurisdiction. 3 A limitation of the action is permitted at any time; the seised court retains jurisdiction.
Chapter 3 Main Hearing
Art. 228 Opening party submissions
1 Following the opening of the main hearing, the parties shall present their applications and state the grounds therefor. 2 The court shall give them the opportunity to make a reply and rejoinder.
Art. 229 New facts and evidence
1 If neither a second exchange of written submissions nor an instruction hearing has taken place, new facts and evidence may be presented in the main hearing in the opening party submission in accordance with Article 228 paragraph 1 without restriction. 2 In other cases, new facts and evidence may be submitted by a deadline set by the court or, in the absence of such a deadline, at the latest by the opening party submission in the main hearing in accordance with Article 228 paragraph 1: a. if they occurred after the exchange of written submissions or after the last instruction hearing (proper nova); or b. if they existed before the close of the exchange of written submissions or before the last instruction hearing but could not have been submitted despite reasonable diligence (improper nova). 2bis After the opening party submissions, new facts and evidence in accordance with paragraph 2 letters a and b shall only be taken into account if they are submitted within the deadline set by th
Para. 1 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 let. b — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2bis — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 230 Amendment of the statement of claim
1 An amendment of the statement of claim at the main hearings is admissible only if: a. the conditions under Article 227 paragraph 1 are fulfilled; and b. the amendment is based on new facts or new evidence. 2 Article 227 paragraphs 2 and 3 apply.
Para. 1 let. b — Amended by No II of the FA of 25 Sept. 2015 (Professional Representation in Enforcement Proceedings), in force since 1 Jan. 2018 (AS 2016 3643; BBl 2014 8669).
Art. 231 Taking of evidence
After the party submissions, the court takes the evidence.
Art. 232 Closing submissions
1 After the evidence is taken, the parties may comment on the result of the evidence and on the merits of the case. The plaintiff speaks first. The court shall allow the parties the opportunity for a second round of submissions. 2 The parties may jointly dispense with oral closing submissions and request the submission of written party submissions. The court shall set a deadline for the same.
Art. 233 Dispensing with the main hearing
The parties may jointly agree to dispense with the main hearing.
Art. 234 Failure to attend the main hearing
1 In the event that a party fails to attend the main hearing, the court shall consider the submissions made in accordance with this Code. Moreover, and subject to Article 153, it may rely on the representations of the party present and on the information on file. 2 If both parties fail to attend, the proceedings are dismissed as groundless. The court costs are shared equally between the parties.
Chapter 4 Records
Art. 235
1 The court keeps a record of each hearing. This includes in particular: a. the place and time of the hearing; b. the composition of the court; c. the presence of the parties and their representatives; d. the prayers for relief, applications and declarations made on record by the parties; e. the court's rulings; f. the signature of the clerk. 2 Statements relating to the facts of the case are placed on record unless they are already included in their written submissions. In addition, they may be recorded on tape, by video, or by other appropriate technical means. 3 The court decides on applications for rectification of the record.
Chapter 5 Decision
Art. 236 Final decision
1 If the court is in a position to make a decision, it shall close the proceedings by deciding not to consider the merits or by making a decision on the merits. 2 The court decides by majority. 3 At the request of the successful party, the court shall order enforcement measures.
Art. 237 Interim decision
1 The court may issue an interim decision if a higher court could issue a contrary decision that would put an immediate end to the proceedings and thereby allow a substantial saving of time or costs. 2 The interim decision may be challenged separately; it may not be challenged later together with the final decision.
Art. 238 Content
The decision contains: a. the designation and the composition of the court; b the place and date of the decision; c. the designation of the parties and their representatives; d. the conclusions; e. the persons and authorities to be served with the decision; f. instructions on appellate remedies unless the parties have waived their right to seek the same; g. the main factual and legal grounds for the decision, if applicable; g. the grounds for the decision, if applicable; h. the seal of the court.
let. g — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 239 Notice to the parties and statement of grounds
1 The court shall normally give notice of the decision to the parties without providing a written statement of the grounds: a. at the main hearing, by handing over the written conclusions to the parties and giving an oral summary of the grounds; b. by serving the parties promptly with the conclusions. 2 A written statement of the grounds must be provided if one of the parties so requests within 10 days of the notice being given of the decision. If no statement of grounds is requested, the parties are deemed to have waived their right to challenge the decision by appeal or objection. 3 The above is subject to the provisions of the Federal Supreme Court Act of 17 June 2005 on notice of decisions that may be referred to the Federal Supreme Court.
Para. 1 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 1 let. b — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 3 — SR 173.110
Art. 240 Notice and publication of the decision
If so provided for by the law or if it serves enforcement, the decision shall be published or notice shall be given to the authorities and third parties concerned.
Chapter 6 Close of Proceedings without a Substanti
Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 241 Settlement, acceptance, withdrawal
1 If notice of a settlement, acceptance of the claim or withdrawal of the action is placed on record in court, the parties must sign the record. 2 A settlement, acceptance of the claim or withdrawal of the action has the same effect as a binding decision. 3 The court shall dismiss the proceedings.
Art. 242 Proceedings made groundless for other reasons
If for any other reasons the proceedings end without a substantive decision, the court shall issue a decision dismissing the proceedings.
Art. 242 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 4 Simplified Proceedings
Art. 243 Scope of application
1 Simplified proceedings apply in financial disputes with a value in dispute not exceeding 30,000 francs. 2 They apply regardless of the value in dispute in the case of: a. disputes under the Gender Equality Act of 24 March 1995; b. disputes concerning violence, threats or stalking pursuant to Article 28b CC or concerning electronic monitoring pursuant to Article 28c CC; c. disputes concerning the tenancy and lease of residential and business property or the lease of agricultural property if they concern the deposit of rent, protection against abusive rent, protection against termination, or the extension of the rental relationship; d. disputes concerning the right of access to personal data under Article 25 FADP; e. disputes concerning the Participation Act of 17 December 1993; f. disputes concerning insurance supplementary to the social health insurance under the Federal Act of 18 March 1994 on Health Insurance. 3 The simplified proceedings do not apply to disputes before the court o
Para. 2 — Amended by No I 2 of the FA of 14 Dec. 2018 on Improving the Protection of Persons Affected by Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307). Para. 2 let. a — SR 151.1 Para. 2 let. b — Amended by No I 2 of the FA of 14 Dec. 2018 on Improving the Protection of Persons Affected by Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307). Para. 2 let. b — SR 210 Para. 2 let. d — Amended by Annex 1 No II of the Data Protection Act of 25 Sept. 2020, in force s
Art. 244 Simplified statement of claim
1 The statement of claim may be filed in the forms provided for by Article 130 or orally on record before the court. It shall contain: a. the designation of the parties; b. the prayers for relief; c. a description of the matter in dispute; d. a statement of the value in dispute, if necessary; e. the date and signature. 2 A statement of the grounds for the claim is not necessary. 3 The following must be filed together with the statement of claim: a. a power of attorney in case of representation; b. the authorisation to proceed or the declaration that conciliation has been waived; c. the available physical records.
Art. 245 Summons to a hearing and statement of defence
1 If no grounds are stated for the action, the court shall serve the defendant with the statement of claim and summon the parties to a hearing. If a party fails to attend the hearing, the court shall immediately issue one further summons to the hearing and inform the parties of the consequences of any further default on their part. The hearing shall take place within 30 days of the first hearing. 2 If the grounds for the action are stated, the court shall first set a deadline for the defendant to file a written response to the claim. If the court summons the parties to the hearing, Article 234 applies mutatis mutandis in the event of default.
Para. 1 — Second and third sentences inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — Second sentence inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 246 Procedural rulings
1 The court shall make the required procedural rulings so that if possible the matter may be concluded at the first hearing. 2 If the circumstances so require, the court may order an exchange of written submissions and hold instruction hearings.
Art. 247 Establishment of facts
1 By asking the appropriate questions, the court shall cause the parties to complete inadequate submissions and to indicate the evidence. 2 In the following cases, the court shall establish the facts ex officio: a. in matters under Article 243 paragraph 2; b. if the value in dispute does not exceed 30,000 francs: 1. in other disputes concerning the tenancy and lease of residential and business property or the lease of agricultural property, 2. in other employment law disputes.
Title 5 Summary Proceedings
Chapter 1 Scope of Application
Art. 248 Principle
Summary proceedings may be brought: a. in the cases designated by law; b. for legal protection in clear cases; c. for court injunctions and court orders; d. for interim measures; e. for non-contentious matters.
let. c — Amended by No II of the FA of 20 June 2025 (Protection of Possession in the Event of Unlawful Interference with Immovable Property), in force since 1 July 2026 (AS 2026 16; BBl 2024 116).
Art. 249 Civil Code
Summary proceedings may be brought in the following cases: a. Law of persons: 1. fixing a time limit for legal transactions by minors or persons subject to a general deputyship (Art. 19a CC), 2. right of reply (Art. 28l CC), 3. declaration of presumed death (Art. 35–38 CC), 4. rectification of the civil status registry (Art. 42 CC), 5. measures in the event of organisational defects of an association (Art. 69c CC); b. ... c. Law of succession: 1. acceptance of an oral will (Art. 507 CC), 2. provision of security when inheriting from a person presumed dead (Art. 546 CC), 3. deferring the division of the estate and ordering measures to secure the claims of the co-heirs towards an insolvent heir (Art. 604 para. 2 and 3 CC); d. Property law: 1. measures to preserve the value and the serviceability of an object in joint property (Art. 647 para. 2 no. 1 CC), 2. registration of real titles in case of extraordinary adverse possession (Art. 662 CC), 3. dismissal of an objection to the disposal
Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). let. a — Amended by Annex 2 No 3 of the FA of 19 Dec. 2008, in force since 1 Jan. 2013 (AS 2010 1739, 2011 725; BBl 2006 7221 7001). let. a let. 1 — SR 210 let. a let. 5 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). let. b — Repealed by Annex 2 No 3 o
Art. 250 Code of Obligations
Summary proceedings may be brought in the following cases: a. General provisions: 1. deposit of an expired power of attorney with the court (Art. 36 para. 1 CO), 2. setting a reasonable deadline to provide security (Art. 83 para. 2 CO), 3. deposit and sale of an object for the event of an obligee's default (Art. 92 para. 2 and 93 para. 2 CO), 4. authorisation for performance by a third party (Art. 98 CO), 5. setting a time limit to perform a contract (Art. 107 para. 1 CO), 6. deposit of an value in dispute (Art. 168 para. 1 CO); b. Specific contracts: 1. designation of an expert to verify the calculation of the profit share or commissions (Art. 322a para. 2 and 322c para. 2 CO), 2. setting a deadline to provide security in the event that a salary is at risk (Art. 337a CO), 3. setting a time limit in the case of non-contractual performance of work (Art. 366 para. 2 CO), 4. appointment of an expert to inspect the work (Art. 367 CO), 5. setting a time limit for the publication of a new ed
Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). let. a let. 1 — SR 220 let. a let. 5 — Corrected by the Federal Assembly Drafting Committee (Art. 58 para. 1 ParlA – SR 171.10). let. c — Amended by Annex No 2 of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617). let. c let. 6 — Amended by No I of the FA of 17 March 2023 (Improving Practicality
Art. 251 Debt Enforcement and Bankruptcy Act of 11 April 1889
Summary proceedings may be brought in the following cases: a. decisions made in matters of clearance to proceed, bankruptcy, attachment and composition; b. admission of a belated objection (Art. 77 para. 3 DEBA) and of the objection in the enforcement of bills of exchange (Art. 181 DEBA); c. revocation or suspension of the debt collection proceedings (Art. 85 DEBA); d. decision on the existence of new assets (Art. 265a para. 1–3 DEBA); e. ordering the separation of property (Art. 68b DEBA).
Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). let. b — SR 281.1
Art. 251a Federal Act of 18 December 1987 on Private International Law
1 Summary proceedings may be brought in particular in the following cases: a. appointing and replacing members of an arbitral tribunal (Art. 179 para. 2–5 PILA); b. challenging and removing a member of an arbitral tribunal (Art. 180a para. 2 and Art. 180b para. 2 PILA); c. obtaining assistance from the state court in enforcing interim measures (Art. 183 para. 2 PILA) and in taking evidence (Art. 184 para. 2 PILA); d. obtaining other forms of assistance from the state court in the arbitration proceedings (Art. 185 PILA); e. obtaining assistance from the state court in the case of foreign arbitration proceedings (Art. 185a PILA); f. depositing the award and certifying its enforceability (Art. 193 PILA); g. acknowledging and executing foreign awards (Art. 194 PILA). 2 Cantonal law may provide that, at the request of all parties, English is used as the language of proceedings if English is used for the arbitration agreement or arbitration clause or as the language of proceedings in the arb
Art. 251a — Inserted by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 1 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 1 let. a — SR 291 Para. 2 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Chapter 2 Procedure and Decision
Art. 252 Application
1 An application must be made to initiate proceedings. 2 The application must be filed in accordance with Article 130; in simple or urgent cases, it may be filed orally on record.
Art. 253 Answer
If the request does not seem obviously inadmissible or unfounded, the court shall give the opposing party the opportunity to comment orally or in writing.
Art. 254 Evidence
1 Proof must be provided in the form of physical records. 2 Other evidence is admissible in the following cases: a. if the taking of evidence does not substantially delay the proceedings; b. if required by the purpose of the proceedings; or c. if the court must establish the facts ex officio.
Art. 255 Principle of ex-officio investigation
The court establishes the facts ex officio: a. in matters of bankruptcy and composition; b. in non-contentious matters.
Art. 256 Decision
1 The court may dispense with a hearing and decide on the basis of the case files, unless the law provides otherwise. 2 If an order in a non-contentious matter retrospectively proves incorrect, it may be cancelled or modified ex officio or on request, provided this does not conflict with the law or the principle of legal certainty.
Chapter 3 Clear Cases
Art. 257
1 The court shall declare the case admissible under the summary procedure where: a. the facts are undisputed or immediately provable; and b. the legal situation is clear. 2 The case is subject to the principle of ex-officio assessment. 3 If the case is not admissible under the foregoing procedure, the court does not consider the case.
Chapter 4 Court Injunction and Court Order
Amended by No II of the FA of 20 June 2025 (Protection of Possession in the Event of Unlawful Interference with Immovable Property), in force since 1 July 2026 (AS 2026 16; BBl 2024 116).
Section 1 Court Injunction
Inserted by No II of the FA of 20 June 2025 (Protection of Possession in the Event of Unlawful Interference with Immovable Property), in force since 1 July 2026 (AS 2026 16; BBl 2024 116).
Art. 258 Principle
1 Any person who holds title to immovable property may request the court to prohibit any trespass on the property and, on request, to impose a fine not exceeding 2,000 francs on any person who violates the injunction. The injunction may be temporary or indefinite. 2 The applicant must prove his or her real title by means of physical records and credibly show a current or imminent trespass.
Art. 259 Notice
Notice of the injunction must be published and affixed to the property in an easily visible sign.
Art. 260 Opposition
1 Any person who is not prepared to recognise the injunction may file an opposition with the court within 30 days of notice thereof being given by publication and at the property. The opposition needs no statement of grounds. 2 Opposition renders the injunction ineffective towards the opposing person. In order to validate the injunction, an action must be filed in court.
Section 2 Court Order
Inserted by No II of the FA of 20 June 2025 (Protection of Possession in the Event of Unlawful Interference with Immovable Property), in force since 1 July 2026 (AS 2026 16; BBl 2024 116).
Art. 260a Principle
1 Where possession of immovable property is disrupted or taken away by unlawful interference, the possessor may apply to the court for an order directed at persons unknown requiring removal of the disruption or return of the property, and imposing the measures necessary for affixing the order to the property and for its enforcement by the competent authority. 2 The applicant must prove his or her possession and provide prima facie evidence of the unlawful disruption or deprivation. 3 The court shall issue a decision without delay, and within five days at the latest. 4 On application, the court may direct the early enforcement of the order. If necessary, it shall direct protective measures or the provision of security.
Art. 260b Notice and opposition
1 Articles 259 and 260 shall apply mutatis mutandis to the notice and opposition proceedings. However, oppositions must be filed and substantiated within ten days. 2 Where early enforcement is directed, opposition need not be substantiated. The order shall remain provisionally effective against the opposing party. The court shall set a time limit of ten days for the opposing party to file an action.
Chapter 5 Interim Measures and Protective Letter
Section 1 Interim Measures
Art. 261 Principle
1 The court shall order the interim measures required provided the applicant shows credibly that: a. a right to which he or she is entitled has been violated or a violation is anticipated; and b. the violation threatens to cause not easily reparable harm to the applicant. 2 The court may refrain from ordering interim measures if the opposing party provides appropriate security.
Art. 262 Subject matter
The court may order any interim measure suitable to prevent the imminent harm, in particular: a. an injunction; b. an order to remedy an unlawful situation; c. an order to a register authority or to a third party; d. performance in kind; e. the payment of a sum of money in the cases provided by the law.
Art. 263 Measures ordered before the action becomes pending
If the principal action is not yet pending, the court shall set a deadline within which the applicant must file his or her action, subject to the ordered measure becoming automatically ineffective in the event of default.
Art. 264 Security and damages
1 The court may make the interim measure conditional on the payment of security by the applicant if it is anticipated that the measures may cause loss or damage to the opposing party. 2 The applicant is liable for any loss or damage caused by unjustified interim measures. If the applicant proves, however, that he or she applied for the measures in good faith, the court may reduce the damages or entirely release the applicant from liability. 3 The security must be released once it is established that no action for damages will be filed; in case of uncertainty, the court shall set a deadline for filing the action.
Art. 265 Ex-parte interim measures
1 In cases of special urgency, and in particular where there is a risk that the enforcement of the measure will be frustrated, the court may order the interim measure immediately and without hearing the opposing party. 2 At the same time, the court shall summon the parties to a hearing, which must take place immediately, or set a deadline for the opposing party to comment in writing. Having heard the opposing party, the court shall decide on the application immediately. 3 Before ordering interim measures, the court may ex officio order the applicant to provide security.
Art. 266 Measures against the media
The court may order interim measures against periodically published media only if: a. an existing or imminent violation of rights is causing or may cause the applicant a particularly serious disadvantage; a. the imminent violation of rights may cause the applicant a particularly serious disadvantage; b. the violation is obviously not justified; and c. the measure does not seem disproportionate.
let. a — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 267 Enforcement
The court that orders the interim measure shall also take the required enforcement measures.
Art. 268 Modification and revocation
1 The interim measures may be modified or revoked if the circumstances have changed or if the measures have proven unjustified. 2 The measures become automatically ineffective when the decision on the merits comes into force. The court may order their continuation if it serves the enforcement of the decision or if the law so provides.
Art. 269 Reservation
The following provisions are reserved: a. the provisions of the DEBA on protective measures when enforcing monetary claims; b. the provisions of the CC on protective measures in succession; c. the provisions of the Patents Act of 25 June 1954 on the action relating to the granting of a licence.
let. a — SR 281.1 let. b — SR 210 let. c — SR 232.14
Section 2 Protective Letter
Art. 270
1 Any person who has reason to believe that an ex-parte interim measure, an attachment under Articles 271–281 DEBA or any other measure against him or her will be applied for without prior hearing, may set out his or her position in advance by filing a protective letter. 2 The opposing party shall be served with the protective letter only if he or she initiates the relevant proceedings. 3 The protective letter becomes ineffective six months after it is filed.
Para. 1 — SR 281.1 Para. 1 — Amended by Art. 3 No 1 of the FD of 11 Dec. 2009 (Adoption and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
Title 6 Special Proceedings in Marital Law
Chapter 1 Summary Proceedings
Art. 271 Scope of Application
Subject to Articles 272 and 273, summary procedure applies to measures for protection of the marital union, and in particular to: a. the measures under Articles 172–179 CC; b. the extension of a spouse's power to represent the marital union (Art. 166 para. 2 sec. 1 CC); c. the authorisation of a spouse to dispose of the family home (Art. 169 para. 2 CC); d. the duty of a spouse to provide information on his or her income, assets and debts (Art. 170 para. 2 CC); e. the separation of property and the reinstatement of the prior property regime (Art. 185, 187 para. 2, 189 and 191 CC); f. the obligation of spouses to cooperate in drawing up an inventory (Art. 195a CC); g. the determination of payment deadlines and the provision of security between the spouses outside proceedings on the division of the marital property (Art. 203 para. 2, 218, 235 para. 2 and 250 para. 2 CC); h. the spouse's consent to the renunciation or acceptance of an inheritance (Art. 230 para. 2 CC); i. directions to de
let. a — SR 210
Art. 272 Principle of ex-officio investigation
The court establishes the facts ex officio.
Art. 273 Procedure
1 The court shall hold a hearing. It may dispense with the hearing only if the parties' submissions indicate that the facts are clear or undisputed. 2 The parties must appear in person if the court does not exempt them for reasons of illness or age or for other good cause. 3 The court shall attempt to find an agreement between the parties.
Chapter 2 Divorce Proceedings
Section 1 General Provisions
Art. 274 Initiation
Divorce proceedings are initiated by submitting a joint request for divorce or by filing an action for divorce.
Art. 275 Suspension of the common household
Each spouse has the right to suspend the common household for the duration of the divorce proceedings.
Art. 276 Interim measures
1 The court shall order the necessary interim measures. The provisions concerning measures for protection of the marital union apply by analogy. 2 Interim measures ordered by the court for the protection of the marital union shall be continued. The divorce court has jurisdiction to modify or revoke them. 3 The court may also order interim measures after the dissolution of the marriage if proceedings relating to the effects of the divorce continue.
Art. 277 Establishment of facts
1 The principle of production of evidence applies in proceedings concerning the dissolution of the marital property regime and post-marital maintenance. 2 If the court establishes that physical records required to decide the financial consequences of the divorce are missing, it shall order the parties to produce such documents. 3 The court shall otherwise establish the facts ex officio.
Art. 278 Personal appearance
The parties must appear in person at the hearing unless the court exempts them for reasons of illness or age or for other good cause.
Art. 279 Approval of the agreement
1 The court shall approve the agreement on the effects of the divorce if it is persuaded that the spouses have concluded the agreement of their own volition and after careful reflection, and that the agreement is clear, complete and not manifestly inequitable; the provisions on occupational pensions are reserved. 2 The agreement is valid only when it has been approved by the court. It must be included in the conclusions to the decision.
Art. 280 Agreement on occupational pension benefits
1 The court shall approve an agreement on the equitable division of claims to the occupational pensions provided: a. the spouses have agreed on the equitable division and its modalities; b. the spouses provide confirmation from the occupational pension schemes concerned on the practicability of the arrangement and of the amount of the entitlements or pensions; and c. the court is persuaded that the agreement conforms to the law. 2 The court shall inform the pension schemes concerned about the relevant parts of the final decision, including the details required in order to transfer of the agreed amounts. The decision is binding on the pension schemes. 3 If the spouses agree not to divide their pensions equally or if they decline to divide their pensions, the court shall examine ex officio whether appropriate financial security for age or invalidity remains guaranteed.
Para. 1 — Amended by Annex No 2 of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). Para. 1 let. a — Amended by Annex No 2 of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). Para. 1 let. b — Amended by Annex No 2 of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). Par
Art. 281 Failure to agree on an equitable division of pensions
1 In the absence of an agreement, and if the relevant entitlements and pensions have been determined, the court shall decide on the apportionment of the shares according to the provisions of the CC and the Vested Benefits Act of 17 December 1993 (VBA) (Art. 122 and 123 CC in conjunction with Art. 22–22f VBA), determine the amount to be transferred and set a deadline for the pension funds concerned to confirm the practicability of the planned arrangement. 2 Article 280 paragraph 2 applies by analogy. 3 In other cases in which no agreement is reached, after the final decision on the apportionment of the shares, the court shall refer the matter to the competent court under the VBA, advising it in particular of: a. the decision on the apportionment of the shares; b. the date of marriage and the date of divorce; c. the pension funds against which the spouses are likely to have entitlements, and the amount of these entitlements; d. the occupational pension funds that pay the spouses pensions
Art. 281 — Amended by Annex No 2 of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). Para. 1 — SR 210 Para. 1 — SR 831.42 Para. 1 — Amended by Annex No 2 of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). Para. 3 — Amended by Annex No 2 of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2
Art. 282 Maintenance payments
1 The agreement or decision fixing the maintenance payments must indicate: a. the portions of the income and the assets of each spouse that have been taken into account; b. the amount allocated to the spouse and to each child; c. the amount necessary to assure the proper maintenance of the entitled spouse, if a subsequent increase in the pension is reserved; d. whether and to what extent the pension will be adjusted to changes in living costs. 2 If the maintenance payment for the spouse is challenged, the appellate court may also reassess the maintenance payments for the children, even if they are not challenged.
Art. 283 Unity of decision
1 The court rules on the effects of the divorce in the divorce judgment. 2 Where there is good cause, the division of the marital property may be referred to separate proceedings. 3 The equitable division of claims to occupational pension assets may be referred in their entirety to separate proceedings if claims to pension assets abroad are involved and a decision can be obtained in the state concerned on their equitable division. The court may suspend the separate proceedings until the foreign decision has been taken; it may already determine the shares on division.
Para. 3 — Inserted by Annex No 2 of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
Art. 284 Adjusting the binding effects of divorce
1 The conditions and the material jurisdiction for adjusting a decision are governed by Articles 124e paragraph 2, 129 and 134 CC. 2 Non-contentious modifications may be agreed in a simple written agreement, subject to the provisions of the CC concerning matters relating to children (Art. 134 para. 3 CC). 3 The provisions on the divorce action apply by analogy to the proceedings for contentious modifications.
Para. 1 — SR 210 Para. 1 — Amended by Annex No 2 of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
Section 2 Divorce at Joint Request
Art. 285 Submission in the case of comprehensive agreement
The joint submission of the spouses contains: a. the names and addresses of the spouses and details of their representatives, if any; b. the joint divorce request; c. the comprehensive agreement on the effects of the divorce; d. the joint applications with regard to the children; e. the necessary documents; f. the date and signatures.
Art. 286 Submission in the case of partial agreement
1 In their submission, the spouses must apply for the court to rule on the effects of divorce on which they have not reached an agreement. 2 Each spouse may submit his or her justified application on the effects of the divorce that are not part of the agreement. 3 Otherwise Article 285 applies by analogy.
Art. 287 Hearing of the parties
If the submission is complete, the court shall summon the parties to a hearing. The conduct of the hearing is governed by the provisions of the CC.
Art. 287 — Amended by No II of the FA of 25 Sept. 2009 (Period for reflection in Divorce Proceedings on Joint Application), in force since 1 Jan. 2011 (AS 2010 281 1861; BBl 2008 1959 1975). SR 210
Art. 288 Continuation of the proceedings and decision
1 If the conditions for a divorce at joint request are fulfilled, the court shall decree the divorce and approve the agreement. 2 If the effects of the divorce remain disputed, the proceedings shall be continued with regard to these effects with the parties as adversaries. The simplified procedure applies. The court may assign the roles of plaintiff and defendant. 3 If the requirements for divorce at joint request are not met, the court shall reject the joint request for divorce and at the same time set a deadline to each spouse for the filing of a divorce action. The proceedings remain pending during this period and any interim measures continue to apply.
Para. 2 — Amended by No II of the FA of 25 Sept. 2009 (Period for reflection in Divorce Proceedings on Joint Application), in force since 1 Jan. 2011 (AS 2010 281 1861; BBl 2008 1959 1975). Para. 2 — Second sentence inserted by No I of the FA of 17 March 2023 (Improvement of Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — Originally the second sentence. Para. 3 — Amended by No II of the FA of 25 Sept. 2009 (Period for reflection in Divorce Pr
Art. 289 Appellate remedies
The divorce may only be contested by appeal on the grounds of lack of intent.
Section 3 Action for Divorce
Art. 290 Filing the action
An action for divorce may be filed without a written statement of the grounds. It shall contain: a. the names and addresses of the spouses and the designation of their representatives, if any; b. the prayer for relief requesting the divorce and an indication of the grounds (Art. 114 or 115 CC); c. the prayers for relief concerning the financial effects of the divorce; d. the prayers for relief concerning the children; e. the necessary documents; f. the date and signatures.
let. b — SR 210
Art. 291 Conciliation hearing
1 The court shall summon the parties to a hearing and establish whether there are grounds for divorce. 2 If grounds for divorce are established, the court shall attempt to secure an agreement between the spouses with regard to the effects of the divorce. 3 If grounds for divorce are not established or if an agreement cannot be reached, the court shall give the plaintiff the opportunity to state or add to the grounds. The proceedings shall be continued with the parties as adversaries. The simplified procedure applies.
Para. 3 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 292 Change to divorce at joint request
1 The proceedings shall continue according to the provisions on divorce at joint request if the spouses: a. have been separated for less than two years at the time the case becomes pending; and b. agree to the divorce. 2 If the grounds for divorce claimed are established, no change to proceedings for divorce at joint request is made.
Art. 293 Amendment of the action
A divorce action may be changed to a separation action at any time prior to the court beginning its deliberations on the decision.
Section 4 Actions for Annulment and Separation
Art. 294
1 The procedure for actions for annulment and for separation is governed by analogy by the provisions on actions for divorce. 2 An action for separation may be transformed into an action for divorce at any time prior to the court beginning deliberations on the decision.
Title 7 Proceedings relating to Children in Family
Chapter 1 General Provisions
Art. 295 Principle
Individual actions relating to maintenance for minor and adult children and other matters related to children shall be decided in simplified proceedings.
Art. 295 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 296 Principles of ex-officio investigation and assessment
1 The court shall investigate the facts ex officio. 2 The parties and third parties must cooperate in the tests required to establish paternity provided such tests not pose a danger to their health. The provisions concerning the parties' and third parties' right to refuse are not applicable. 3 The court decides without being bound by the requests of the parties.
Art. 297 Hearing of the parents and mediation
1 The court hears the parents in person when ruling on matters relating to a child. 2 The court may ask the parents to attempt mediation.
Art. 298 Hearing the child
1 The child is heard in person and in an appropriate way by the court or by a third party appointed for this purpose, to the extent that the child's age or other good cause does not preclude a hearing. 1bis The use of electronic equipment for audio or video transmission is not permitted. 2 Only the information that is relevant for the decision is placed on record. This information shall be communicated to the parents or the child's welfare agent. 3 A child who has the capacity to consent may challenge the refusal to grant a hearing by filing an objection.
Para. 1bis — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 299 Appointing a representative for the child
1 If necessary, the court shall appoint a person experienced in welfare and legal matters to act as welfare agent for the child. 2 The court shall consider appointing a representative in particular if: a. the parents submit different applications regarding: 1. allocation of parental responsibility, 2. allocation of residence, 3. important questions concerning their personal relations with the child, 4. sharing responsibilities for care, 5. maintenance payments; b. the child protection authority or one of the parents so requests; c. based on hearing with the parents or the child or based on other reasons, the court: 1. has serious doubts about the parents' joint applications relating to the issues listed under letter a, or 2. is considering ordering measures for the protection of the child. 3 If the child with the capacity to consent so requests, a representative must be appointed. The child may challenge the rejection of his or her request by filing an objection.
Para. 2 let. a — Amended by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 2 let. b — Amended by Annex 2 No 3 of the FA of 19 Dec. 2008, in force since 1 Jan. 2013 (AS 2010 1739, 2011 725; BBl 2006 7221 7001). Para. 2 let. c — Amended by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 2 let. c let. 1 — Amended by Annex No 2 of the FA of 20 March 201
Art. 300 Competence of the representative
The child's representative may file applications and appellate remedies to the extent they concern: the allocation of the parental responsibility; the allocation of residence; important questions of personal relations; sharing responsibilities for care; maintenance payments; f. measures for the protection of the child.
Art. 300 — Amended by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 301 Notice of the decision
Notice is the decision is given: a. to the parents; b. to the child, if he or she is at least 14 years old; c. to the welfare agent, if any, to the extent the decision concerns the following issues: 1. the allocation of the parental responsibility, 2. the allocation of residence, 3. important questions of personal relations, 4. sharing responsibilities for care, 5. maintenance payments, 6. measures for the protection of the child.
let. c — Amended by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 301a Maintenance payments
If maintenance payments are agreed in a maintenance agreement or in the decision, the agreement or decision must indicate: a. the income and assets of each parent on which the agreement or decision is based; b. the amount determined for each child; c. any shortfall in the amount to cover the reasonable maintenance of each child; d. whether and to what extent the maintenance payments are modified to reflect changes in living costs.
Art. 301a — Inserted by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Chapter 2 Summary Procedure: Scope of Application
Amended by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 302 ...
1 Summary procedure applies in particular in the case of: a. decisions under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and under the European Convention of 20 May 1980 on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children; b. the payment of a special financial contribution to cover unforeseen extraordinary needs of the child (Art. 286 para. 3 CC); c. notice to debtors and the provision of security for child support outside proceedings on the parents' maintenance obligations (Art. 291 and 292 CC). 2 The provisions of the Federal Act of 21 December 2007 on International Child Abduction and the Hague Conventions on the Protection of Children and Adults are reserved.
Art. 302 — Repealed by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), with effect from 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 1 let. a — SR 0.211.230.02 Para. 1 let. a — SR 0.211.230.01 Para. 1 let. b — SR 210 Para. 2 — SR 211.222.32
Chapter 3 Maintenance and Paternity Actions
Amended by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 303 Interim measures
1 If paternity is established, the defendant may be ordered to deposit or advance appropriate amounts for the maintenance of the child. 2 If the action for maintenance has been filed together with the paternity action, the defendant must, at the plaintiff's request: a. deposit the costs for the birth and the suitable contributions towards the maintenance of mother and child provided paternity has been shown credibly; b. make suitable contributions towards the maintenance of the child support provided must be assumed and the assumption cannot be refuted by immediately available evidence.
Art. 304 Jurisdiction
1 The court that has jurisdiction to decide the paternity action shall also decide on the deposit, the advance payment, the disbursement of deposited amounts and the refund of advances. 2 In an action for maintenance, the court shall also decide on parental responsibility and other child-related issues. If a parent-child relationship is established, the parents have party status. The court may assign the roles of plaintiff and defendant.
Para. 2 — Inserted by Annex No 2 of the FA of 20 March 2015 (Child Maintenance) (AS 2015 4299; BBl 2014 529). Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 8 Proceedings relating to Same-Sex Partnersh
Chapter 1 Summary Procedure
Art. 305 Scope of application
Summary procedure applies in particular to: a. the determination of monetary contributions to the maintenance of the partnership and the notice to debtors (Art. 13 para. 2 and 3 of the Same-Sex Partnerships Act of 18 June 2004, SSPA), b. the authorisation of a partner to dispose of the common home (Art. 14 para. 2 SSPA), c. the expansion and revocation of a partner's power to represent the partnership (Art. 15 para. 2 lt. a and para. 4 SSPA), d. the obligation of a partner to provide information on his or her income, assets and debts (Art. 16 para. 2 SSPA), e. the determination, adjustment or cancellation of monetary contributions and the regulation of the use of the home and the household effects (Art. 17 para. 2 and 4 SSPA), f. the obligation of the partners to cooperate in taking an inventory (Art. 20 para. 1 SSPA), g. the restriction of a partner's power to dispose of certain assets (Art. 22 para. 1 SSPA), h. the granting of deadlines for the repayment of debts between the partners
Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), with effect from 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). let. a — SR 211.231
Art. 306 Procedure
Articles 272 and 273 apply by analogy to the procedure.
Chapter 2 Dissolution and Annulment of Same-Sex Pa
Art. 307
The provisions concerning the divorce proceedings apply by analogy to the dissolution and annulment of same-sex partnerships.
Chapter 3 Proceedings relating to Children in conn
Inserted by Annex No 2 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Art. 307a
Where a person has adopted the minor child of his or her registered partner, Articles 295–302 apply by analogy.
Title 9 Appellate Remedies
Chapter 1 Appeal
Section 1 Decisions that may be contested and Grou
Art. 308 Decisions that may be contested
1 An appeal is admissible against: a. final and interim decisions of first instance; b. decisions of first instance on interim measures. 2 In financial matters, an appeal is admissible only if the value of the claim in the most recent prayers for relief is at least 10,000 francs.
Art. 309 Exceptions
An appeal is not admissible: a. against decisions of the enforcement court; b. in the following matters under the DEBA: 1. revocation of the stay of enforcement (Art. 57d DEBA), 2. admission of a time-barred objection (Art. 77 para. 3 DEBA), 3. clearance to proceed (Art. 80–84 DEBA), 4. revocation or suspension of the debt enforcement proceedings (Art. 85 DEBA), 5. admission of the objection in the collection of bills of exchange (Art. 181 DEBA), 6. attachment (Art. 272 and 278 DEBA); 7. decisions falling under the jurisdiction of the bankruptcy or composition court under the DEBA.
let. b — SR 281.1 let. b let. 6 — Amended by Art. 3 No 1 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777). let. b let. 7 — Inserted by Art. 3 No 1 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
Art. 310 Grounds for appeal
The appeal may be filed on grounds of: a. incorrect application of the law; b. incorrect establishment of the facts.
Section 2 Appeals, Answers to the Appeal and Cross
Art. 311 Filing of appeal
1 The appeal must be filed in writing and with a statement of the grounds with the appellate court within 30 days of service of a decision and grounds therefor or the subsequent service of the statement of grounds (Art. 239). 2 The appealed decision must be appended to with the appeal.
Art. 312 Answer to the appeal
1 The appellate court serves the appeal on the opposing party for its written comments, unless the appeal is obviously inadmissible or obviously unfounded. 2 An answer to the appeal must be filed within 30 days.
Art. 313 Cross appeal
1 The opposing party may file a cross appeal together with the answer to the appeal. 2 The cross appeal lapses if: a. the appellate court declares the principal appeal inadmissible; b. … c. the principal appeal is withdrawn before the beginning of deliberations on the decision.
Para. 2 let. b — Repealed by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), with effect from 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 314 Summary proceedings
1 If the decision was rendered in summary proceedings, the deadline for filing the appeal and the answer to appeal is in each case 10 days. A cross appeal is not admissible. 2 In family law disputes under Articles 271, 276, 302 and 305, the deadline for filing the appeal and the answer to the appeal is 30 days. A cross appeal is admissible.
Para. 1 — Second sentence inserted by No I of the FA of 17 March 2023 (Improvement of Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Section 3 Effects and Procedure of an Appeal
Art. 315 Suspensive effect
1 The legal effect and enforceability of those parts of the contested decision to which the applications in the appeal relate shall be suspended. 2 The appeal does not have suspensive effect if it is filed against a decision on: a. the right of reply; b. interim measures. c. directions to debtors; d. the security provided for maintenance. 3 If the appeal is against an organisational decision, it shall always have suspensive effect. 4 If the party concerned is threatened with not easily reparable harm, the appellate court may on request: a. authorise early enforcement and, if necessary, order protective measures or the provision of security; or b. exceptionally defer enforceability in the cases referred to in paragraph 2. 5 The appellate court may decide before the appeal is filed. The order is automatically cancelled if no grounds for the first instance decision are requested or the deadline for the appeal expires unused.
Para. 2 let. d — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 3 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 4 let. b — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 5 — Amended
Art. 316 Procedure before the appellate court
1 The appellate court may hold a hearing or decide on the basis of the case files. 2 It may order a second exchange of written submissions. 3 It may take evidence.
Art. 317 New facts and new evidence; Amendment of claim
1 New facts and new evidence are considered only if: a. they are submitted immediately; and b. they could not have been submitted in the first instance despite reasonable diligence. 1bis Where the appellate court must establish the facts ex officio, new facts and new evidence may be admitted until the court begins its deliberations. 2 The amendment of the claim is admissible only if: a. the conditions under Article 227 paragraph 1 are fulfilled; and b. the amendment is based on new facts or new evidence.
Para. 1bis — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 let. b — Amended by No II of the FA of 25 Sept. 2015 (Professional Representation in Enforcement Proceedings), in force since 1 Jan. 2018 (AS 2016 3643; BBl 2014 8669).
Art. 318 Decision
1 The appellate court may: a. confirm the challenged decision; b. make a new decision; or c. remit the case to the first instance if: 1. an essential part of the claim was not considered, or 2. essential issues of fact must still be established. 2 Article 239 applies mutatis mutandis to giving notice of and providing grounds for the decision. 3 If the appellate court makes a new decision, it shall also decide on the costs at first instance.
Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Chapter 2 Objections
Art. 319 Object of challenge
An objection is admissible against: a. final and interim decisions and decisions on interim measures of first instance that may not be challenged by an appeal; b. other decisions and procedural rulings of first instance: 1. in the cases provided by the law, 2. if they threaten to cause not easily reparable harm; c. undue delay by the court.
Art. 320 Grounds for an objection
An objection is admissible on the following grounds: a. an incorrect application of the law; b. an obviously incorrect finding in fact.
Art. 321 Filing an objection
1 The objection must be filed in writing and with a statement of grounds with the appellate court within 30 days of service of a decision and grounds therefor or of the subsequent service of the statement of the grounds (Art. 239). 2 If the objection is against a decision taken in summary proceedings or if other first-instance decisions or procedural rulings contested, the objection must be filed within 10 days unless the law provides otherwise. 3 The contested decision or procedural ruling must be enclosed if it has been served on the party. 4 The objection on the grounds of undue delay may be filed at any time.
Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 322 Answer to the objection
1 The appellate court serves the objection on the opposing party so that he or she may comment in writing thereon, unless the objection is obviously inadmissible or obviously unfounded. 2 The answer to the objection must be filed within the same period as applies to the objection.
Art. 323 Cross objections
Cross objections are not admissible.
Art. 324 Comments of the lower court
The appellate court may invite the lower court to comment.
Art. 325 Suspensive effect
1 The objection does not suspend the legal effect and enforceability of the contested decision. 2 The appellate court may suspend the enforceability of the contested decision, if the party concerned is threatened with not easily reparable harm. The appellate court may decide before the objection is filed. If necessary, it shall order protective measures or the provision of security. The order is automatically cancelled if no grounds for the first instance decision are requested or the deadline for the legal remedy expires unused.
Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 326 New applications, new facts and new evidence
1 New applications, new allegations of fact and new evidence are not admissible. 2 Special provisions of law are reserved.
Art. 327 Procedure and decision
1 The appellate court shall request the case files from the lower court. 2 It may decide on the basis of the case files. 3 In the event that it upholds the objection, the appellate court shall: a. set aside the decision or the procedural ruling and remit the case to the lower court; or b. make a new decision provided the appellate court is in the position to make a decision. 4 If an objection of undue delay is upheld, the appellate court may set a deadline within which the lower court must deal with the case. 5 Article 239 applies mutatis mutandis to the notification and justification of the decision.
Para. 5 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 327a Enforcement declaration under the Lugano Convention
1 If the objection is against a decision of the enforcement court under Articles 38 to 52 of the Lugano Convention of 30 October 2007 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, the appellate court shall freely examine the grounds for refusal provided in the Convention. 2 The objection has suspensive effect. Protective measures, in particular attachments under Article 271 paragraph 1 number 6 DEBA, are reserved. 3 The deadline for filing the objection against the enforcement declaration is governed by Article 43 paragraph 5 of the Convention.
Art. 327a — Inserted by Art. 3 No 1 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777). Para. 1 — SR 0.275.12 Para. 2 — SR 281.1
Chapter 3 Review
Art. 328 Grounds for review
1 A party may request the court that has decided as final instance to review the final decision if: a. the party despite exercising due diligence subsequently discovers significant facts or decisive evidence that could not have been submitted in the earlier proceedings, excluding facts and evidence that arose after the decision; b. criminal proceedings have established that the decision was influenced to the detriment of the party concerned by a felony or misdemeanour, even if no one has been convicted by the criminal court; if criminal proceedings are not possible, proof may be provided in some other manner; c. it is claimed that the acceptance, withdrawal or settlement of the claim is invalid because of formal or substantive deficiencies; d. the party only discovers a reason for recusal after the proceedings have been concluded and no other legal remedy is available. 2 A review on the grounds of a violation of the European Convention on Human Rights of 4 November 1950 (ECHR) may be r
Para. 1 let. a — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 1 let. c — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 1 let. d — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 —
Art. 329 Deadlines and form
1 An application for a review must be filed in writing with a statement of the grounds within 90 days of the discovery of the grounds for review. 2 The right to request a review expires 10 years after the decision comes into force, except in cases under Article 328 paragraph 1 letter b.
Art. 330 Response by the opposing party
The court shall serve the application for the review on the opposing party so that he or she may respond, unless the request is obviously inadmissible or obviously unfounded.
Art. 331 Suspensive effect
1 A request for a review does not suspend the legal effect and enforceability of the decision. 2 The court may suspend the enforceability of the contested decision. If necessary, it shall order protective measures or the provision of security.
Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 332 Decision on the review application
An objection may be filed against the decision on the application for review.
Art. 333 New decision on the merits
1 If the court upholds the request for a review, it shall quash its earlier decision and make a new one. 2 In the new decision, the court shall also decide on the costs of the earlier proceedings. 3 It shall give notice of its decision to the parties together with a written statement of grounds.
Chapter 4 Explanation and Rectification
Art. 334
1 If the conclusions are unclear, contradictory or incomplete, or if they do not correspond with the statement of grounds, the court shall ex officio or at the request of a party provide an explanation or rectification of the decision. The request must indicate the relevant parts and the requested changes. 2 Articles 330 and 331 apply by analogy. The court does not require the parties to comment when correcting typographical or arithmetical errors. 3 An objection may be filed against the decision on the request for explanation or rectification. 4 Notice of the explained or rectified decision shall be given to the parties.
Title 10 Enforcement
Chapter 1 Enforcement of Decisions
Art. 335 Scope of application
1 Decisions are enforced according to the provisions of this chapter. 2 If a decision relates to the payment of money or provision of security, it is enforced according to the provisions of the DEBA. 3 The recognition, the declaration of enforceability and the enforcement of foreign decisions are governed by this chapter, unless an international treaty or the PILA provides otherwise.
Para. 2 — SR 281.1 Para. 3 — SR 291
Art. 336 Enforceability
1 A decision is enforceable, if: a. it is legally binding and the court has not suspended its enforceability (Art. 315 Abs. 4, 325 para. 2 and 331 para. 2); or b. it is not yet legally binding, but its early enforceability has been authorised. 2 The court that has made the decision on enforceability shall certify the enforceability of the decision on request. 3 A decision issued without written grounds (Art. 239) is enforceable under the conditions set out in paragraph 1.
Para. 1 let. b — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 3 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 337 Direct enforcement
1 If the court making the decision has already ordered the necessary enforcement measures (Art. 236 para. 3), the decision may be directly enforced. 2 The unsuccessful party may ask the enforcement court to suspend enforcement; Article 341 applies by analogy.
Art. 338 Request for enforcement
1 If the decision may not be directly enforced, a request for enforcement must be submitted to the enforcement court. 2 The applicant must establish that the requirements for enforcement apply and produce the necessary physical records.
Art. 339 Jurisdiction and procedure
1 Mandatory jurisdiction to order the measures of enforcement or to suspend the enforcement lies with the court: a. at the domicile or registered office of the unsuccessful party; b. at the place where the measures are to be taken; or c. at the place where the decision to be enforced was made. 2 The court decides in summary proceedings.
Art. 340 Protective measures
The enforcement court may order protective measures, if necessary without hearing the opposing party beforehand.
Art. 340 — Amended by Art. 3 No 1 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
Art. 341 Examination of enforceability and hearing the unsuccessful party
1 The enforcement court shall examine enforceability ex officio. 2 It shall allow the unsuccessful party a brief period within which to file its comments. 3 On the merits, the unsuccessful party may only argue that matters preventing the enforcement of the decision have occurred since notice thereof was given, such as extinction, deferment, prescription or forfeiture of the right to due performance. Extinction and deferment must be proven by physical records.
Art. 342 Enforcement of conditional performance or performance subject to counter-performance
Decisions providing for conditional performance or performance that is subject to counter-performance may not be enforced until the enforcement court has determined that the condition is fulfilled or that the counter-performance has been duly offered, rendered, or guaranteed.
Art. 343 Obligation to act, refrain from acting or to tolerate
1 If the decision provides for an obligation to act, refrain from acting or to tolerate something, the enforcement court may: a. issue a threat of criminal penalty under Article 292 SCC; b. impose a disciplinary fine not exceeding 5,000 francs; c. impose a disciplinary fine not exceeding 1,000 francs for each day of non-compliance; d. order a compulsory measure such as taking away a movable item or vacating immovable property; or e. order performance by a third party. 1bis If the decision contains an injunction under Article 28b CC, the enforcement court may at the request of the applicant order electronic monitoring in accordance with Article 28c CC. 2 The unsuccessful party and third parties must provide the required information and tolerate the required searches. 3 The person entrusted with enforcement may request the assistance of the competent authorities.
Para. 1 let. a — SR 311.0 Para. 1bis — SR 210 Para. 1bis — Inserted by No I 2 of the FA of 14 Dec. 2018 on Improving the Protection of Persons Affected by Violence, in force since 1 Jan. 2022 (AS 2019 2273; BBl 2017 7307).
Art. 344 Declaration of intent
1 If the decision relates to a declaration of intent, the enforceable decision takes the place of the declaration. 2 If the declaration concerns a public register, such as the land register or the commercial register, the court making the decision shall issue the required instructions to the registrar.
Art. 345 Damages and conversion into money
1 The prevailing party may demand: a. damages if the unsuccessful party does not follow the orders of the court; b. conversion of the performance due into the payment of money. 2 The enforcement court shall determine the relevant amount.
Art. 346 Appellate remedy for third parties
Third parties may file an objection against enforcement decisions if the decision affects their rights.
Chapter 2 Enforcement of Official Records
Art. 347 Enforceability
Official records relating to any type of performance may be enforced in the same way as judicial decisions if: a. the obligee expressly declares in the record that he or she accepts direct enforcement; b. the legal ground for the performance due is mentioned in the record; and c. the performance due is: 1. sufficiently specified in the record, 2. accepted in the record by the obligee, and 3. due.
Art. 348 Exceptions
Official records are not directly enforceable if they concern performance: a. under the Gender Equality Act of 24 March 1995; b. arising from the tenancy and lease of residential and business property or the lease of agricultural property; c. under the Participation Act of 17 December 1993; d. arising from employment relations or under the Recruitment Act of 6 October 1989; e. arising from consumer contracts (Art. 32).
let. a — SR 151.1 let. c — SR 822.14 let. d — SR 823.11
Art. 349 Records relating to performance in money
An enforceable record relating to performance in money is deemed to be a title setting aside an objection under Articles 80 and 81 DEBA.
SR 281.1
Art. 350 Records relating to other forms of performance
1 If the enforcement of a record relating to another form of performance is sought, at the request of the obligor the notary public shall serve the obligee with a certified copy of the record, setting a deadline of 20 days for performance. The obligor receives a copy of the notification. 2 If performance is not rendered within the deadline, the obligor may submit a request for enforcement to the enforcement court.
Art. 351 Proceedings before the enforcement court
1 The obligee may contest his or her obligation to render performance only if the objection raised can be immediately proven. 2 If a declaration of intent is owed, the decision of the enforcement court takes the place of the declaration. The enforcement court shall issue the required instructions in accordance with Article 344 paragraph 2.
Art. 352 Judicial review
The judicial review of the performance due is reserved in every case. In particular the obligee may at any time file a claim for a declaratory judgment that the obligation does not or no longer exists or that it has been suspended.