Swiss Civil Code (CC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
A. Application of the law
Art. 1
1 The law applies according to its wording or interpretation to all legal questions for which it contains a provision. 2 In the absence of a provision, the court shall decide in accordance with customary law and, in the absence of customary law, in accordance with the rule that it would make as legislator. 3 In doing so, the court shall follow established doctrine and case law.
Para. 2 — Term in accordance with No I 1 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). This amendment is taken into consideration throughout the Code.
B. Scope and limits of legal relationships
I. Acting in good faith
Art. 2
1 Every person must act in good faith in the exercise of his or her rights and in the performance of his or her obligations. 2 The manifest abuse of a right is not protected by law.
II. Good faith
Art. 3
1 Where the law makes a legal effect conditional on the good faith of a person, there shall be a presumption of good faith. 2 No person may invoke the presumption of good faith if he or she has failed exercise the diligence required by the circumstances.
III. Judicial discretion
Term in accordance with No I 1 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). This amendment is taken into consideration throughout the Code.
Art. 4
Where the law confers discretion on the court or makes reference to an assessment of the circumstances or to good cause, the court must reach its decision in accordance with the principles of justice and equity.
C. Federal law and cantonal law
I. Cantonal civil law and local custom
Art. 5
1 Insofar as federal law reserves the application of cantonal law, the cantons may enact or repeal civil law provisions. 2 Where the law makes reference to practice or local custom, the existing cantonal law is deemed a valid expression thereof, provided no divergent practice is shown to exist.
II. Cantonal public law
Art. 6
1 Federal civil law does not restrict the right of the cantons to enact public law. 2 The cantons are entitled within the limits of their sovereignty to restrict or prohibit the trade in certain goods or to declare transactions involving such goods legally invalid.
D. General provisions of the Code of Obligations
Art. 7
The general provisions of the Code of Obligations concerning the formation, performance and termination of contracts also apply to other civil law matters.
SR 220
E. Rules of evidence
I. Burden of proof
Art. 8
Unless the law provides otherwise, the burden of proving the existence of an alleged fact shall rest on the person who derives rights from that fact.
II. Proof by public document
Art. 9
1 Public registers and public deeds constitute full proof of the facts evidenced by them, unless their content is shown to be incorrect. 2 Such proof of incorrectness does not require to be in any particular form.
Art. 10
Repealed by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).