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 Implementation
Art. 400 Principles
1 The Federal Council shall issue the implementing provisions. 2 It provides forms for court records and party submissions. The forms for the parties must be designed in a way that they can be completed by persons who are not legally trained. 2bis The Federal Council shall provide the public with information on legal costs and the possibilities of legal aid and litigation funding. 3 The Federal Council may delegate responsibility for issuing administrative and technical regulations and providing forms and information to the Federal Office of Justice.
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). 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. 401 Pilot projects
1 The cantons may carry out pilot projects with the consent of the Federal Council. 2 The Federal Council may delegate competence for the approval of such projects to the Federal Office of Justice.
Art. 401a Statistics and business figures
The Confederation and the cantons shall work with the courts to ensure that sufficient basic statistical information and business figures related to the indicators for the application of this Code are made available, and in particular the number, type, subject matter, duration and cost of the proceedings.
Art. 401a — 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 Amendment of Legislation
Art. 402 Repeal and amendment of current legislation
The repeal and amendment of existing legislation is dealt with in Annex 1.
Art. 403 Coordination provisions
The coordination of this Code with provisions of other enactments is dealt with in Annex 2.
Title 3 Transitional Provisions
Chapter 1 Transitional Provisions of 19 December 2
Inserted by No I 1 of the FA of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 5707 5719).
Art. 404 Continued application of the previous law
1 Proceedings that are pending when this Code comes into force are governed by the previous procedural law until the close of the proceedings before the respective instance. 2 Territorial jurisdiction is governed by the new law. However, jurisdiction conferred under the previous law continues.
Art. 405 Appellate remedies
1 Appellate remedies are governed by the law in force when notice of the decision is given to the parties. 2 The review of a decision notified under the previous law is governed by the new law.
Art. 406 Agreement on jurisdiction
The validity of an agreement on jurisdiction is governed by the law in force at the time of conclusion of the agreement.
Art. 407 Arbitration
1 The validity of arbitration agreements concluded before the commencement of this Code is governed by the law that favours the agreement. 2 Arbitration proceedings that are pending on the commencement of this Code are governed by the previous law. The parties may, however, agree on the application of the new law. 3 Appellate remedies are governed by the law in force when notice of the arbitral award is given to the parties. 4 Judicial proceedings under Article 356 that are pending on the commencement of this Code are governed by the previous law.
Chapter 2 Transitional Provision to the Amendment
Inserted by No I 1 of the FA of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 5707 5719).
Art. 407a
In proceedings that are pending when the Amendment of 28 September 2012 to this Code comes into force, the new law applies to procedural acts from the date on which the Amendment comes into force
Chapter 3 Transitional Provision to the Amendment
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).
Art. 407b
1 The new law applies to proceedings that are pending when the Amendment of 20 March 2015 comes into force. 2 New prayers for relief that are filed as a result of the change in the law applicable are permitted; uncontested parts of a decision remain binding unless they are so closely materially connected with prayers for relief that have yet to be judged that it is reasonable to judge the entire matter.
Chapter 4 Transitional Provision to the Amendment
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. 407c
1 The new law applies to divorce proceedings that are pending when the Amendment of 19 June 2015 comes into force. 2 New prayers for relief that are filed as a result of the change in the law applicable are permitted; uncontested parts of a decision remain binding unless they are so closely materially connected with prayers for relief that have yet to be judged that it is reasonable to judge the entire matter.
Chapter 5 Transitional Provision to the Amendment
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).
Art. 407d
The new law applies to proceedings pending when the amendment of 14 December 2018 comes into force.
Chapter 6 Transitional Provision to the Amendment
Inserted by Annex 1 No II of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 407e
The new law applies to proceedings pending when the amendment of 25 September 2020 comes into force.
Chapter 7 Transitional Provision to the Amendment
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. 407f
Articles 8 paragraph 2 second sentence, 63 paragraph 1, 118 paragraph 2 second sentence, 141a, 141b, 143 paragraph 1bis, 149, 167a, 170a, 176 paragraph 3, 176a, 177, 187 paragraph 1 third sentence and 2, 193, 198 letters bbis, f, h and i, 199 paragraph 3, 206 paragraph 4, 210 paragraph 1 introductory sentence and letter c, 239 paragraph 1, 298 paragraph 1bis, 315 paragraphs 2-5, 317 paragraph 1bis, 318 paragraph 2, 325 paragraph 2, 327 paragraph 5 and 336 paragraphs 1 and 3 also apply to proceedings that are pending when the Amendment of 17 March 2023 comes into force.
Title 4 Referendum and Commencement
Art. 408
1 This Code is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement Date: 1 January 2011
Para. 2 — FCD of 31 March 2010.