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.
Division One: Marital Law
Title Three: Marriage
Amended by No I 2 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
Chapter One: Engagement
A. Betrothal
Art. 90
1 Engagement is constituted by mutual promises to marry. 2 … 3 Engagement does not give rise to any actionable obligation to marry.
Para. 2 — Repealed by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), with effect from 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
B. Ending the engagement
I. Gifts
Art. 91
1 If the engagement is ended, the engaged parties may demand the return of gifts made to each other, with the exception of the usual occasional gifts, unless the engagement has ended as a result of death. 2 Where such gifts are no longer at hand, restitution is subject to the provisions governing unjust enrichment.
II. Duty to contribute
Art. 92
If one of the engaged couple has in good faith incurred expense in anticipation of the marriage ceremony and the engagement is then ended, he or she may claim a reasonable contribution from the other where this is not inequitable in the overall circumstances.
Art. 92 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
III. Prescription
Art. 93
Claims arising from the engagement prescribe one year from the ending of the engagement.
Chapter Two: Requirements for Marriage
A. Capacity to marry
Art. 94
Marriage may be entered into by two person who have reached 18 years of age and have capacity of judgement.
Art. 94 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
B. Impediments
I. Kinship
Amended by Annex No 8 of the Civil Partnerships Act of 18 June 2004, in force since 1 Jan. 2006 (AS 2005 5685; BBl 2003 1288).
Art. 95
1 Marriage between lineal relatives and between siblings or half-siblings, whether related to each other by parentage or adoption, is prohibited. 2 Adoption does not remove the impediment to marriage constituted by kinship between the adopted child and his issue on the one hand and his adoptive family on the other.
Para. 1 — Amended by Annex No 8 of the Civil Partnerships Act of 18 June 2004, in force since 1 Jan. 2006 (AS 2005 5685; BBl 2003 1288).
II. Previous marriage or registered partnership
Art. 96
A person wishing to marry must prove that any previous marriage or any registered partnership with a third party has been annulled or dissolved.
Art. 96 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
Chapter Three: Preparation and Wedding Ceremony
A. General principles
Art. 97
1 The wedding ceremony takes place in the presence of the civil registrar after the preparatory procedure has been taken. 2 The engaged couple may marry in the civil register district of their choice. 3 No religious wedding ceremony is permitted prior to the civil ceremony.
Abis. Circumvention of the legislation on foreign
Art. 97a
1 The civil registrar shall not consider a request for marriage if either of the prospective spouses clearly has no intention of living with the other but wishes to circumvent the provisions on the admission and residence of foreign nationals. 2 The civil registrar shall grant a hearing to the prospective spouses and may obtain information from other authorities or third parties.
Art. 97a — Inserted by Annex No II 4 of the FA of 16 Dec. 2005 on Foreign Nationals (AS 2007 5437; BBl 2002 3709). Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
B. Preparatory procedure
I. Request
Art. 98
1 The preparatory procedure shall be carried out at the civil register office at the domicile of either of the prospective spouses at their request. 2 They must appear in person. If they may show that they clearly cannot be required to do so, the preparatory procedure may be carried out in writing. 3 They must furnish documentary proof of identity and personally declare at the civil register office that they satisfy the legal requirements for marriage; they must also produce any necessary consent. 4 Engaged couples who are not Swiss citizens must prove during the preparatory procedure that they are lawfully resident in Switzerland.
Para. 1 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Para. 4 — Inserted by No I of the FA of 12 June 2009 (Prevention of Marriages in the event of Unlawful Residence), in force since 1 Jan. 2011 (AS 2010 3057; BBl 2008 2467 2481).
II. Conduct and completion of the preparatory proc
Art. 99
1 The civil register office verifies that: 1. the request has been duly submitted; 2. the identity of the engaged couple has been established; and 3. the requirements for marriage are satisfied, and in particular whether there are any circumstances that suggest that the request clearly does not reflect the free will of the engaged couple. 2 Provided these requirements are fulfilled, the civil register office shall inform the betrothed parties that the preparatory procedure has been completed and of the legally prescribed time limits for holding the wedding ceremony. 3 After consulting the engaged couple and in conformity with cantonal regulations, the civil register office sets the date of the wedding ceremony or, upon request, authorises that it may be conducted in another civil register district. 4 The civil register office must inform the competent authority of the identity of any engaged couple who have not proven that they are lawfully resident in Switzerland.
Para. 1 let. 3 — Amended by No I 3 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185). Para. 2 — Amended by No I of the FA of 28 Sept. 2018, in force since 1 Jan. 2020 (AS 2019 3813; BBl 2017 6769). Para. 4 — Inserted by No I of the FA of 12 June 2009 (Prevention of Marriages in the event of Unlawful Residence), in force since 1 Jan. 2011 (AS 2010 3057; BBl 2008 2467 2481).
III. Time limits
Art. 100
The wedding ceremony may take place within three months following notification of completion of the preparatory procedure.
Art. 100 — Amended by No I of the FA of 28 Sept. 2018, in force since 1 Jan. 2020 (AS 2019 3813; BBl 2017 6769).
C. Wedding ceremony
I. Venue
Art. 101
1 The wedding ceremony takes place at the wedding venue of the civil register district chosen by the engaged couple. 2 Where the preparatory procedure was conducted in a different civil register district, the engaged couple must produce a marriage licence. 3 If the engaged couple show that they cannot reasonably be required to appear at the official venue, the wedding may take place at another location.
II. Form
Art. 102
1 A wedding is a public ceremony that takes place in the presence of two adult witnesses who are capable of judgement. 2 The civil registrar asks the prospective spouses individually whether each wishes to marry the other. 3 If both answer in the affirmative, they are pronounced married by mutual consent.
Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 2 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
D. Implementing provisions
Art. 103
The Federal Council and, within the scope of their powers, the cantons shall enact the necessary implementing provisions.
Chapter Four: Annulment of Marriage
A. General principle
Art. 104
A marriage contracted before a civil registrar may be annulled only on one of the grounds provided in this chapter.
B. Absolute grounds for annulment
I. General grounds
Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
Art. 105
A marriage shall be annulled if: 1. a spouse was already married or living in a registered partnership with a third party at the time of the wedding and the previous marriage or registered partnership had not been dissolved; 2. a spouse lacked capacity of judgement at the time of the wedding and have not regained such capacity since; 3. the marriage was prohibited due to kinship; 4. a spouse has no intention of living with the other, but wishes to circumvent the provisions on the admission and residence of foreign nationals; 5. a spouse has not married of their own free will; 6. …
Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). let. 1 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). let. 3 — Amended by No 8 of the Civil Partnerships Act of 18 June 2004, in force since 1 Jan. 2006 (AS 2005 5685; BBl 2003 1288). let. 4 — Inserted by Annex No II 4 of the FA of 16 Dec. 2005 on Foreign Nationals, in
II. Marriages involving minors
Art. 105a
1 A marriage shall be annulled by the court if a spouse was a minor at the time of the wedding and had not yet reached 25 years of age at the time the action for annulment was filed. 2 The marriage remains valid if the spouse concerned: 1. is still a minor, and the court reaches the exceptional conclusion that continuation of the marriage meets this spouse’s overriding interests and is of their own free will; or 2. has reached the age of majority, and the court concludes that this spouse has declared of their own free will that they wish to the marriage to continue.
Art. 105a — Inserted by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
III. Action for annulment
Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
Art. 106
1 An action for annulment is brought ex officio by the competent cantonal authority at the domicile of the spouses; in addition, any interested party is entitled to bring such action. Provided this is compatible with their duties, the federal and cantonal authorities shall contact the authority competent for the action if they have reason to believe that there are grounds for annulment. 2 If the marriage has been otherwise dissolved, the authority may no longer seek an annulment ex officio; however, any interested party may seek a declaration of annulment. 3 An action for annulment may be brought at any time. However, an action for nullity on the grounds that either spouse was a minor when the partnership was registered may be instituted only before the spouse in question reaches 25 years of age.
Para. 1 — Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). Para. 1 — Last sentence inserted by No I 3 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185). Para. 2 — Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). Para. 3 — Second senten
C. Relative grounds for annulment
Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
I. Grounds
Art. 107
A spouse may seek a declaration of annulment if he or she: 1. temporarily lacked capacity of judgement at the time of the wedding; 2. married in error, whether because he or she did not wish to marry at all or did not wish to marry the other person; 3. contracted the marriage because he or she was intentionally deceived with regard to essential personal attributes of the other spouse; 4. ...
let. 4 — Repealed by No I 3 of the FA of 15 June 2012 on Measures against Forced– Marriages, with effect from 1 July 2013 (AS 2013 1035; BBl 2011 2185).
II. Action for annulment
Art. 108
1 An action for annulment must be brought within six months of learning of the grounds for annulment, but in any event within five years of the wedding. 2 The right to bring an action for annulment does not pass to heirs; however, an heir may continue an action already brought.
Para. 1 — Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
D. Effects of judgment
Art. 109
1 A marriage does not become invalid until a court has declared it annulled; prior to such judgment it has all the effects of a valid marriage with the exception of claims under inheritance law, which in any event the surviving spouse loses. 2 The provisions governing divorce apply mutatis mutandis to the effects of a court declaration of annulment on the spouses and their children. 3 The presumption of paternity in favour of the husband does not apply if the marriage is annulled because it served to circumvent the provisions on the admission and residence of foreign nationals.
Para. 3 — Inserted by Annex No II 4 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).
Art. 110
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).
Title Four: Divorce and Separation
Amended by No I 3 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
Chapter One: Requirements for Divorce
A. Divorce by joint request
I. Comprehensive agreement
Art. 111
1 Where the spouses jointly request divorce and submit a comprehensive agreement on the consequences of the divorce along with any necessary documents and with joint applications in respect of the children, the court shall hear the spouses both separately and together. The hearing may comprise two or more sessions. 2 If the court is persuaded that desire for divorce and the agreement are the product of free will and careful reflection and that the agreement with the applications in respect of the children may be approved, the court shall issue the divorce decree.
Art. 111 — Amended by No I of the FA of 25 Sept. 2009 (Reflection Period in Divorce Proceedings by joint Application), in force since 1 Feb. 2010 (AS 2010 281; BBl 2008 1959 1975).
II. Partial agreement
Art. 112
1 The spouses may jointly request divorce and ask the court to decide matters on which they cannot reach agreement. 2 As in the case of comprehensive agreement, the court shall hear the parties on those consequences of the divorce on which they have reached agreement and on their request that the remaining consequences be decided by the court. 3 ...
Para. 3 — Repealed by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 113
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).
B. Divorce at the petition of one spouse
I. After living apart
Art. 114
A spouse may petition for divorce if, at the time the petition is filed or at the time the divorce request is replaced by a divorce petition, the spouses have lived apart for at least two years.
Art. 114 — Amended by No I of the FA of 19 Dec. 2003 (Separation Period in Divorce Law), in force since 1 June 2004 (AS 2004 2161; BBl 2003 3927 5825).
II. Irretrievable breakdown
Art. 115
Prior to the expiry of the two-year period, a spouse may petition for divorce if the marriage has irretrievably broken down for compelling reasons for which he or she is not responsible.
Art. 115 — Amended by No I of the FA of 19 Dec. 2003 (Separation Period in Divorce Law), in force since 1 June 2004 (AS 2004 2161; BBl 2003 3927 5825).
Art. 116
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).
Chapter Two: Separation
A. Requirements and procedure
Art. 117
1 Spouses may petition for a separation decree subject to the same requirements as apply to divorce. 2 ... 3 The right to petition for divorce is unaffected by the separation decree.
Para. 2 — 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).
B. Effects of separation
Art. 118
1 By operation of the law, the separation decree implements the marital property separation of property regime. 2 Otherwise, the provisions governing measures for the protection of the marital union apply mutatis mutandis.
Chapter Three: Consequences of Divorce
A. Civil status of divorced spouses
Art. 119
1 A spouse who has changed his or her surname on marriage retains that surname following divorce; he or she may at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the marriage.
Art. 119 — Amended by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
B. Marital property law and inheritance law
Art. 120
1 The provisions of marital property law apply to the division of marital property. 2 Divorced spouses have no statutory rights of inheritance in relation to each other. 3 Unless there is an instruction to the contrary, spouses may not raise any claims based on dispositions mortis causa: 1. after divorce; 2. after the death of a spouse during divorce proceedings that results in the surviving spouse losing his or her right to claim the statutory entitlement.
Para. 2 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813). Para. 3 let. 2 — Inserted by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
C. Family home
Art. 121
1 If a spouse must remain in the family home because of the children or for other compelling reasons, the court may transfer the rights and obligations under the tenancy agreement to that spouse provided this is not inequitable for the other. 2 The previous tenant is jointly and severally liable for payment of the rent up to the date on which the tenancy ends or may be terminated pursuant to the tenancy agreement or by law, but for a maximum period of two years; if an action is brought to recover rent due, he or she is entitled to set off the amount paid in instalments equal to the amount of the monthly rent against any maintenance payments owed to the other spouse. 3 If the home belongs to the family of one of the spouses, the court may, on the same conditions, grant the other spouse a right of residence for a fixed term in return for reasonable compensation or set-off against maintenance payments. Where new and compelling reasons so require, such right of residence may be restricted
D. Occupational pensions
I. Principle
Art. 122
In the event of divorce, any occupational pension assets accrued during the marriage up to the point at which divorce proceedings commence are divided equitably.
Art. 122 — Amended by No I 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).
II. Equitable division of termination benefits
Art. 123
1 Termination benefits including vested benefits and early withdrawals for purchasing owner-occupied property are divided equally. 2 Paragraph 1 does not apply to one-off contributions from individual property in accordance with the law. 3 The termination benefits to be divided are calculated on the basis of Articles 15–17 and 22a or 22b of the Vested Benefits Act of 17 December 1993.
Art. 123 — Amended by No I 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 — SR 831.42
III. Equitable division of invalidity pension prio
Term in accordance with Annex No 1 of the FA of 17 Dec. 2021 (OASI 21), in force since 1 Jan. 2024 (AS 2023 92; BBl 2019 6305). This amendment has been made in the provisions specified in the AS.
Art. 124
1 If, at the point at which divorce proceedings commence, a spouse is drawing an invalidity pension prior to the statutory reference age, the amount to which he or she would be entitled under Article 2 paragraph 1ter of the Vested Benefits Act of 17 December 1993 following cancellation of the invalidity pension counts as the termination benefits. 2 The provisions on the equitable division of termination benefits apply mutatis mutandis. 3 The Federal Council determines in which cases the amount under paragraph 1 may not be applied in the division because there has been a reduction due to over-compensation.
Art. 124 — Amended by No I 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 831.42
IV. Equitable division in the case of invalidity p
Art. 124a
1 If, at the point at which divorce proceedings commence, a spouse is drawing an invalidity pension after the statutory reference age or drawing a retirement pension, the court decides at its own discretion how the pension is to be divided. In doing so it primarily takes into account the duration of the marriage and the pension requirements of each spouse. 2 The share of the pension awarded to the spouse entitled thereto is converted into a life-long pension. This is paid to the entitled spouse by the liable spouse’s occupational pension fund or is transferred to the entitled spouse’s own occupational pension fund. 3 The Federal Council regulates: 1. the actuarial conversion of the share of the pension into a life-long pension; 2. the procedure in cases in which the retirement benefits are postponed or the invalidity pension is reduced due to over-compensation.
Art. 124a — Inserted by No I 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).
V. Exceptions
Art. 124b
1 The spouses may, in an agreement on the consequences of the divorce, agree not to divide the assets equally or not to divide them at all if there are sufficient retirement pension and invalidity pension funds otherwise. 2 The court may award the entitled spouse less than half of the termination benefits or rule that they should not be divided if good cause exists. Good cause exists above all when equal division would be unreasonable: 1. in view of the division of marital property or the economic circumstances following divorce; 2. in view of the pension requirements, in particular with regard to the difference in age between the spouses. 3 The court may award the entitled spouse more than half of the termination benefits if he or she cares for joint children following the divorce and the liable spouse continues to have sufficient retirement and invalidity pension assets.
Art. 124b — Inserted by No I 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).
VI. Offset of mutual entitlements
Art. 124c
1 The spouses’ mutual entitlements to termination benefits or a share of a pension are offset. The pension entitlement is offset before the share of the pension awarded to the entitled spouse is converted into a life-long pension. 2 Termination benefits may only be offset against a share of a pension if the spouses and the occupational pension institutions agree.
Art. 124c — Inserted by No I 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).
VII. Unreasonableness
Art. 124d
If, having considered the pension requirements of both spouses, an equitable division of occupational pension assets is unreasonable, the liable spouse shall owe the entitled spouse a lump sum payment.
Art. 124d — Inserted by No I 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).
VIII. Impossibility
Art. 124e
1 If the equitable division of pension fund assets is not possible, the liable spouse shall owe the entitled spouse adequate compensation in the form of a lump sum payment or as a pension. 2 A Swiss judgment may be amended at the request of the liable spouse if pension entitlements existing abroad have been offset by adequate compensation pursuant to paragraph 1 and such pension entitlements are then divided up in a foreign decision that is binding on the foreign party liable to pay pension contributions.
Art. 124e — Inserted by No I 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).
E. Post-marital maintenance
I. Requirements
Art. 125
1 If a spouse cannot reasonably be expected to provide for his or her own maintenance, including an appropriate level of retirement provision, the other spouse must pay a suitable contribution. 2 In deciding whether such a contribution is to be made and, if so, in what amount and for how long, the following factors in particular must be considered: 1. the division of duties during the marriage; 2. the duration of the marriage; 3. the standard of living during the marriage; 4. the age and health of the spouses; 5. the income and assets of the spouses; 6. the extent and duration of child care still required of the spouses; 7. the vocational training and career prospects of the spouses and the likely cost of reintegration into working life; 8. expectancy of federal old age and survivor’s insurance benefits and of occupational or other private or state pensions, including the expected proceeds of any division of withdrawal benefits. 3 Exceptionally, a maintenance contribution may be denied
II. Modalities of maintenance contributions
Art. 126
1 The court shall fix an amount to be paid periodically by way of maintenance contribution and set the date on which the duty of maintenance commences. 2 Where justified in specific circumstances, a lump sum settlement may be ordered instead of regular payments. 3 The court may attach conditions to the maintenance contribution.
III. Regular payments
1. Special terms
Art. 127
The spouses may wholly or in part exclude any alteration of the regular maintenance payments stipulated in the agreement.
2. Adjustment for inflation
Art. 128
The court may direct that the maintenance contribution will automatically increase or decrease depending on specified changes in the cost of living.
3. Adjustment by court order
Art. 129
1 In the event of a substantial and enduring change in circumstances, the periodic maintenance payments may be reduced, cancelled or suspended for a certain time; an improvement in the circumstances of the party entitled to maintenance may be taken into account only if the payments stipulated in the divorce decree provided sufficient maintenance. 2 The party entitled to maintenance may request that the payments be adjusted in line with future inflation if the income of the other party has increased unexpectedly since the divorce. 3 Within five years of the divorce, the party entitled to maintenance may request that payments be ordered or increased provided the divorce decree states that it was not possible at that time to order sufficient maintenance payments and provided the economic circumstances of the party obliged to pay maintenance have since improved.
4. Expiry by law
Art. 130
1 The duty to pay maintenance expires on the death of either the receiving party or the paying party. 2 Unless otherwise agreed, it likewise expires on the remarriage of the party entitled to receive maintenance.
IV. Enforcement
1. Enforcement assistance
Art. 131
1 Where the liable party fails to pay maintenance, an official agency designated by cantonal law shall on request, in an appropriate way and usually without charge, assist the party entitled to maintenance to enforce his or her claims. 2 The Federal Council determines the terms of enforcement assistance.
Art. 131 — Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
2. Advance payments
Art. 131a
1 Public law may provide for advance payments to be made should the liable person fail to make the necessary maintenance payments. 2 If the state authority makes maintenance payments to the entitled person, the maintenance entitlement with all rights is assigned to the state authority.
Art. 131a — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
3. Directions to debtors and posting security
Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 132
1 If the party obliged to pay maintenance fails to do so, the court may order his debtors to make payment in whole or in part to the party entitled to maintenance. 2 If the party obliged to pay maintenance persistently fails to do so, or if there are grounds to suspect that said party is preparing to abscond or is dissipating or concealing his assets, the court may order him to post appropriate security for future maintenance contributions.
F. Children
I. Parental rights and obligations
Art. 133
1 The court regulates parental rights and obligations in accordance with the provisions on the legal effects of the parent-child relationship. In particular it regulates: 1. parental responsibility; 2. residence; 3. contact (Art. 273) or the sharing of parenting duties; and 4. child maintenance contributions. 2 It shall consider all circumstances important to the child's best interests. It shall take account of a joint proposal by the parents and, if feasible, the opinion of the child. 3 It may order that the child maintenance contribution continue to be paid after the child reaches the age of majority.
Art. 133 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
II. Change of circumstances
Art. 134
1 At the request of either parent, the child or the child protection authority, new arrangements for parental responsibility shall be made by the child protection authority provided this is in the child’s best interests due to a substantial change in circumstances. 2 The requirements for the modification of other parental rights and -obligations are governed by the provisions on the effects of the parent-child relationship. 3 If the parents agree, the child protection authority reassesses parental responsibility, residence and approves a child support agreement. In the other cases, the court competent to modify the divorce decree decides. 4 If the court is required to decide on the modification of parental responsibility, residence or the child maintenance contribution for a minor child, it shall if necessary also reassess contact or sharing of parenting duties; in the other cases, the child protection authority shall decide on the modification of contact or sharing of parenting duties
Para. 2 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). Para. 3 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). Para. 4 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 135–149
Repealed by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 150–158
Repealed
Title Five: General Effects of Marriage
Amendment of Title Five in accordance with No I 1 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191). See also Art. 8–8b of the Final Title below.
A. Marital union; rights and duties of spouses
Art. 159
1 The wedding ceremony binds the spouses in marital union. 2 They mutually undertake to strive to safeguard the interests of the marital union and to care jointly for the children. 3 They owe each other loyalty and support.
B. Surname
Art. 160
1 Each spouse retains his or her surname. 2 However, the prospective spouses may declare to the civil registrar that they wish bear one of their surnames as the family surname. 3 If the prospective spouses retain their surnames, they decide which of the surnames their children will bear. In justified cases, the civil registrar may relieve the prospective spouses of this obligation.
Art. 160 — Amended by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581). Para. 2 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Para. 3 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
C. Cantonal and communal citizenship
Art. 161
Each spouse retains his or her cantonal and communal citizenship.
Art. 161 — Amended by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
D. Marital home
Art. 162
The spouses jointly decide where to establish the marital home.
E. Maintenance of the family
I. In general
Art. 163
1 The spouses jointly provide for the proper maintenance of the family, each according to his or her ability. 2 They agree on the contributions each of them will make, notably by providing money, looking after the household, caring for the children or supporting the other’s career or business. 3 In so doing they take due account of the needs of the marital union and of their own personal circumstances.
II. Allowance for personal use
Art. 164
1 A spouse who looks after the household, cares for the children or supports the career or business of the other spouse is entitled to receive from the latter a reasonable allowance for his or her own personal use. 2 When determining said allowance, account must be taken of the personal resources of the receiving spouse and the need to provide conscientiously for the family, career and business.
III. Extraordinary contributions by one spouse
Art. 165
1 Where the contribution made by one spouse to the other’s career or business is significantly greater than required in the light of the latter’s contribution to the maintenance of the family, he or she is entitled to reasonable compensation. 2 The same applies if a spouse has contributed significantly more of his or her own income or assets to the maintenance of the family than he or she was obliged to contribute. 3 However, a spouse is not entitled to compensation if such extraordinary contribution was made under a work, loan or partnership agreement or on the basis of some other legal relationship.
F. Representation of the marital union
Art. 166
1 While living together under the same roof, both spouses represent the marital union with regard to the day-to-day needs of the family. 2 A spouse may represent the marital union with regard to the other needs of the family only if: 1. authorised so to do by the other spouse or by court order; 2. the interests of the marital union brook no delay and the other spouse is unable to consent due to illness, absence or other similar reasons. 3 Each spouse is personally liable for his or her own actions and, to the extent that these do not exceed his or her powers of representation in a manner apparent to third parties, also renders the other spouse jointly and severally liable for such actions.
G. Spouses’ career or business
Art. 167
In the choice and pursuit of his or her career or business, each spouse must have due regard to the other and to the welfare of the marital union.
H. Transactions by the spouses
I. In general
Art. 168
Each spouse may enter into transactions with the other or with third parties unless the law provides otherwise.
II. Family home
Art. 169
1 A spouse may terminate a tenancy agreement, alienate the family home or limit the rights in respect of the family home by other transactions only with the express consent of the other. 2 If the spouse cannot obtain such consent or it is withheld without good cause, he or she may petition the court.
J. Duty to inform
Art. 170
1 Each spouse has the right to demand information from the other concerning his or her income, assets and debts. 2 At the request of one spouse, the court may order the other spouse or a third party to furnish the information required and to produce the necessary documents. 3 This does not apply to any information held by lawyers, solicitors, doctors, clergy and their auxiliary staff which is subject to professional confidentiality.
K. Protection of the marital union
I. Counselling agencies
Art. 171
The cantons must ensure that spouses experiencing marital problems may seek help individually or jointly from marriage guidance or family counselling agencies.
II. Court measures
1. In general
Art. 172
1 If a spouse fails to fulfil his or her duties to the family or if the spouses disagree on matters of importance to the marital union, they may apply jointly or separately to the court for mediation. 2 The court reminds the spouses of their duties and attempts to settle their differences; if the spouses consent, experts may be consulted or they may be referred to a marriage guidance or family counselling agency. 3 If necessary, at the request of one spouse the court will take the steps envisaged by law. The provision governing the protection of the person from violence, threats or harassment applies mutatis mutandis.
Para. 3 — Second sentence inserted by No I of the FA of 23 June 2006 (Protection of the Personality against Violence, Threats or Harassment), in force since 1 July 2007 (AS 2007 137; BBl 2005 6871 6897).
2. While living together
a. Financial contributions
Art. 173
1 At the request of one spouse, the court determines the amounts to be paid for the maintenance of the family. 2 Likewise, at the request of one spouse, it determines the allowance payable to the spouse who looks after the household, cares for the children or supports the other’s career or business. 3 Payments may be claimed for the future and for one year preceding the request.
b. Revocation of powers of representation
Art. 174
1 If a spouse exceeds his or her power to represent the marital union or proves incapable of exercising it, at the other spouse’s request the court may revoke such power in whole or in part. 2 The spouse making such request may inform third parties of the revocation only by communications in person. 3 The revocation is effective towards third parties acting in good faith only if it has been made public by order of the court.
3. Suspension of joint household
a. Grounds
Art. 175
A spouse is entitled to suspend the joint household for as long as his or her personality rights or financial security or the welfare of the family are seriously endangered by living together.
b. Arrangements for living apart
Art. 176
1 If the suspension of the joint household is justified, at the request of one spouse the court will: 1. determine the maintenance paid to any children and the other spouse; 2. issue directions on the use of the home and the household effects; 3. order a separation of property where justified in the circumstances. 2 A spouse may also make such request if living together is impossible, in particular because the other spouse refuses to do so without good cause. 3 If the spouses have minor children, the court must take the necessary steps in accordance with the provisions governing the legal effects of the parent-child relationship.
Para. 1 let. 1 — Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 3 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
4. Enforcement
a. Enforcement assistance and advance payments
Art. 176a
The provisions governing enforcement assistance and advance payments on divorce and consequent to the parent-child relationship apply.
Art. 176a — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
b. Directions to debtors
Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 177
If a spouse fails to fulfil his or her duty to maintain the family, the court may order his or her debtors to make payment in full or in part to the other spouse.
5. Restriction of power to dispose of assets
Art. 178
1 To the extent required to ensure the family’s financial security or fulfilment of a financial obligation arising from the marital union, at the request of one spouse the court may make the power to dispose of certain assets conditional on its consent. 2 The court orders the appropriate protective measures. 3 If it prohibits a spouse from disposing of land it must have a note to this effect recorded in the land register.
6. Change of circumstances
Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 179
1 If there is a change in circumstances, at the request of either spouse the court shall modify the measures or revoke the same if they are no longer justified. The provisions on a change of circumstances in divorce cases apply mutatis mutandis. 2 If the spouses resume living together, the measures ordered in connection with living apart lapse, with the exception of the separation of property and the child protection measures.
Art. 179 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 1 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 180
Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
Title Six: Marital Property Law
Amended of Title Six in accordance with No I 1 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191). See also Art. 9–11a of the Final Title below.
Chapter One: General Provisions
A. Ordinary property regime
Art. 181
Spouses are subject to the provisions governing participation in acquired property provided they have not agreed otherwise in a marital agreement and provided no extraordinary marital property regime has come into effect.
B. Marital agreement
I. Choice of regime
Art. 182
1 A marital agreement may be concluded before or after the wedding. 2 The prospective spouses or the spouses may choose, set aside or modify their marital property regime only within the limits of the law.
Para. 2 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
II. Capacity to enter into an agreement
Art. 183
1 A person wishing to enter into a marital agreement must have capacity of judgement. 2 Minors, or adults subject to a deputyship that covers the conclusion of a marital agreement require the consent of their legal representative.
Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
III. Form of the agreement
Art. 184
The marital agreement must be executed as a public deed and signed by the parties and, where applicable, by the legal representative.
C. Extraordinary property regime
I. At the request of one spouse
1. By court order
Art. 185
1 At the request of one spouse, the court shall order a separation of property where there is good cause to do so. 2 In particular, good cause exists: 1. if the other spouse is overindebted or his or her share of the common property has been distrained; 2. if the other spouse is endangering the interests of the applicant or of the marital union; 3. if the other spouse unreasonably withholds the consent required for the disposal of common property; 4. if the other spouse refuses to provide the applicant with information concerning his or her income, assets and debts or concerning common property; 5. if the other spouse permanently lacks capacity of judgement. 3 Where a spouse permanently lacks capacity of judgement, his or her legal representative may likewise request separation of property for this reason.
2. ...
Art. 186
Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
3. Revocation
Art. 187
1 The spouses may at any time reinstate their previous marital property regime or implement a new one by marital agreement. 2 If the reason for the separation of property no longer exists, at the request of one spouse the court may direct that the previous marital property regime be reinstated.
II. In the event of bankruptcy or distraint
1. Bankruptcy
Art. 188
If a spouse living under the community of property regime is declared bankrupt, separation of property takes effect ex officio.
2. Distraint
a. By court order
Art. 189
If a spouse living under the community of property regime is pursued for a personal debt and his or her share of the common property is distrained, the debt enforcement supervisory authority may request that the court order a separation of property.
b. Request
Amended by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
Art. 190
1 The request is directed against both spouses. 2 ...
Para. 2 — Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
3. Revocation
Art. 191
1 If the creditors have been satisfied, at the request of one spouse the court may order the restoration of the community of property regime. 2 By marital agreement, the spouses may opt for the participation in acquired property regime.
III. Liquidation of the previous marital property
Art. 192
Whenever the separation of property regime comes into effect, the liquidation of the previous regime is governed by the provisions applicable to the latter, unless the law provides otherwise.
D. Protection of creditors
Art. 193
1 The establishment, variation or liquidation of a marital property regime may not have the effect of releasing an asset with which one of the spouses or the marital union had hitherto been liable to creditors from such liability. 2 If such an asset has been transferred to the other spouse, the latter must pay the debt but may be released from such liability to the extent that he or she may prove that the asset received is worth less than the debt.
E. ...
Art. 194
Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
F. Management of one spouse’s assets by the other
Art. 195
1 Where one spouse expressly or tacitly entrusts management of his or her assets to the other, the provisions governing agency apply unless otherwise agreed. 2 The provisions governing settlement of debts between spouses are reserved.
G. Inventory
Art. 195a
1 Each spouse may at any time require the other’s cooperation in drawing up an inventory of their joint assets in the form of a public deed. 2 Such an inventory is deemed accurate if made within one year of the inclusion of such assets under the regime.
Chapter Two: Statutory Marital Property Regime of
A. Ownership
I. Categories
Art. 196
The marital property regime of participation in acquired property comprises the property acquired during the marriage and the individual property of each spouse.
II. Acquired property
Art. 197
1 Acquired property comprises those assets which a spouse has acquired for valuable consideration during the marital property regime. 2 In particular, the acquired property of a spouse comprises: 1. the proceeds from his or her employment; 2. benefits received from staff welfare schemes, social security and social welfare institutions; 3. compensation for inability to work; 4. income derived from his or her own property; 5. property acquired to replace acquired property.
III. Individual property
1. By operation of law
Art. 198
By operation of law, a spouse’s individual property comprises: 1. personal effects used exclusively by that spouse; 2. assets belonging to one spouse at the beginning of the marital property regime or acquired later at no cost by inheritance or otherwise; 3. claims for satisfaction; 4. acquisitions that replace individual property.
2. By marital agreement
Art. 199
1 Under a marital agreement, spouses may declare acquired property to be individual property set aside for professional or business use. 2 Furthermore, spouses may stipulate in a marital agreement that income from individual property does not qualify as acquired property.
IV. Proof
Art. 200
1 Any person who asserts that a specific object or asset is owned by one or other spouse bears the burden of proof. 2 If no such proof may be adduced, the object or asset is presumed to be in the co-ownership of both spouses. 3 Until proven otherwise, all assets of a spouse are deemed to be acquired property.
B. Management, benefits and power of disposal
Art. 201
1 Within the limits of the law, each spouse administers and enjoys the benefits of his or her individual property and has power of disposal over it. 2 If an asset is in the co-ownership of both spouses, neither spouse may dispose of his or her share in it without the other’s consent, unless otherwise agreed.
C. Liability toward third parties
Art. 202
Each spouse is liable for his or her debts with all his or her property.
D. Debts between spouses
Art. 203
1 The marital property regime does not affect the maturity of debts contracted between spouses. 2 However, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request a time limit within which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.
E. Dissolution of the property regime and liquidat
I. Time of dissolution
Art. 204
1 The marital property regime is dissolved on the death of a spouse or on implementation of a different regime. 2 In the case of divorce, separation, annulment of the marriage or a court order for separation of property, the dissolution of the marital property regime takes retroactive effect as of the date on which the application was filed.
II. Taking back property and settling debts
1. In general
Art. 205
1 Each spouse shall take back any of his or her property that is in the other’s possession. 2 Where one spouse shows an overriding interest in gaining sole possession of an object or asset in co-ownership, and notwithstanding any other legal measures available, he or she may request that said object or asset be allocated to him or her in return for compensation. 3 The spouses settle their debts to each other.
2. Participation in increased value
Art. 206
1 Where a spouse has contributed to the acquisition, improvement or preservation of an asset belonging to the other without receiving equivalent compensation, and where at the time of the liquidation that asset has increased in value, then his or her claim corresponds to his or her proportionate contribution and is calculated according to the current value of the asset; if, conversely, the asset has decreased in value, his or her claim corresponds to the original contribution. 2 If such an asset had already been alienated beforehand, the claim is calculated according to the proceeds obtained and is due immediately. 3 By written agreement, spouses may exclude participation in the increased value or vary the proportion thereof.
III. Calculating the surplus for each spouse
1. Separation of acquired property and individual
Art. 207
1 The property acquired during marriage and the individual property of each spouse are separated according to their value at the time of the dissolution of the marital property regime. 2 Lump sum pension or invalidity benefits received by a spouse are added to his or her individual property in an amount equivalent to the present value of the pension or invalidity annuity to which he or she would be entitled on dissolution of the marital property regime.
2. Additions
Art. 208
1 The following are added to the property acquired during marriage: 1. the value of dispositions made without consideration by one spouse without the other’s consent during the five years preceding the dissolution of the marital property regime, save for the usual occasional gifts; 2. the value of assets disposed of by one spouse during the marital property regime with the intention of diminishing the other’s share. 2 ...
Para. 2 — 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).
3. Compensation operations between acquired proper
Art. 209
1 Where debts incurred in connection with acquired property have been paid out of individual property or where debts incurred in connection with individual property have been paid out of acquired property, there is a claim for compensation when the marital property regime is liquidated. 2 A debt encumbers the property in relation to which it was incurred, and in the event of doubt, it encumbers the acquired property. 3 If assets belonging to one category of property have contributed to the acquisition, improvement or preservation of assets belonging to the other and if the value of the latter has increased or diminished, the claim for compensation corresponds to the proportionate contribution made and is calculated according to the value of the assets at the time of the liquidation or their disposal.
4. Surplus
Art. 210
1 The remaining total value of the acquired property, including the assets added in and claims for compensation, and after deduction of the debts encumbering the acquired property, constitutes the surplus. 2 A deficit is disregarded.
IV. Valuation
1. Market value
Art. 211
For the purpose of liquidating the marital property regime, assets are stated at their market value.
2. Capitalised value
a. In general
Art. 212
1 An agricultural enterprise which one spouse continues to operate as owner or in respect of which the surviving spouse or one of the issue makes a justified claim for undivided allocation is stated at its capitalised value when calculating the proportionate added value and the claim for participation. 2 The owner of the agricultural enterprise or his or her heirs may bring a claim against the other spouse for proportionate added value or participation only in the amount they would receive if the business were stated at its market value. 3 The inheritance law provisions governing valuation and the participation of co-heirs in the profit apply mutatis mutandis.
b. Special circumstances
Art. 213
1 The allocation value may be increased by a suitable amount if justified by special circumstances. 2 Special circumstances include in particular the maintenance requirements of the surviving spouse, the purchase price of the agricultural enterprise including capital investments, and the financial circumstances of the spouse to whom the agricultural enterprise belongs.
3. Defining juncture
Art. 214
1 For the purpose of valuing the acquired property at hand at the time of the dissolution of the marital property regime, the defining juncture is the time of the division. 2 For assets added to the acquired property, the defining juncture is the date on which they were alienated.
V. Share of the surplus
1. By law
Art. 215
1 Each spouse or his or her heirs is or are entitled to one-half of the surplus of the other spouse. 2 The claims are set off.
2. By agreement
a. In general
Art. 216
1 A different share of the surplus may be agreed by marital agreement. 2 The share of the surplus allocated that exceeds one half shall not be included when calculating the statutory entitlements of the surviving spouse or registered partner, his or her common issue and the issue of those children. 3 Such an agreement must not adversely affect the right to claim the statutory entitlement held by children who are not the common issue of the spouses or those of the issue of such children.
Para. 2 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813). Para. 3 — Inserted by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
b. On divorce, separation, annulment of the marria
Art. 217
1 In the case of divorce, separation, annulment of marriage or separation of property by court order, agreements varying the statutory share of the surplus are valid only if the marital property agreement expressly so provides. 2 This also applies on the dissolution of the marital property regime by death when divorce proceedings are pending if that results in the surviving spouse losing his or her right to claim the statutory entitlement.
Para. 2 — Inserted by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
VI. Payment of the participation claim and the sha
1. Deferred payment
Art. 218
1 If immediate payment of the participation claim and the share of the increased value would cause serious difficulties for the debtor, he or she may request a deferral. 2 Unless otherwise agreed by the spouses, the participation claim and the share of the increased value bear interest as of completion of the division of property and, where justified in the circumstances, security must be furnished.
2. Home and household effects
Art. 219
1 To ensure that the surviving spouse may maintain his or her accustomed lifestyle, at his or her request he or she will be granted a usufruct of or a right of residence in the home in which the spouses lived and which belonged to the deceased spouse, and this will be set off against his or her entitlement, subject to any contrary provision in the marital agreement. 2 On the same conditions, he or she may request that ownership of the household effects be transferred to him or her. 3 Where justified in the circumstances, at the request of the surviving spouse or the other legal heirs of the deceased spouse, ownership of the home may be granted rather than a usufruct or right of residence. 4 The surviving spouse may not claim such rights in respect of premises in which the deceased practised a profession or ran a business and which are required by one of his or her issue in order to continue said profession or business, subject to the provisions of agricultural inheritance law.
3. Claims against third parties
Art. 220
1 If the assets of the debtor or his or her estate are insufficient to cover the participation claim on division of the property, the entitled spouse or his or her heirs may demand from third-party beneficiaries the return of such dispositions as are to be added to the acquired property up to the amount of the shortfall. 2 The right to bring a claim is extinguished one year after the spouse or his or her heirs learn of the infringement of their rights, but in any event ten years after the dissolution of the marital property regime. 3 Moreover, the provisions governing claims in abatement under inheritance law apply mutatis mutandis.
Para. 3 — Amended by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
Chapter Three: Community of Property
A. Ownership
I. Categories
Art. 221
The marital property regime of community of property comprises the common property and the individual property of each spouse.
II. Common property
1. General community of property
Art. 222
1 The general community of property combines the assets and income of the spouses into common property, with the exception of those assets which by law constitute individual property. 2 The common property belongs to both spouses jointly. 3 Neither spouse is entitled to dispose of his or her share of the common property.
2. Limited community of property
a. Community restricted to acquired property
Art. 223
1 By marital agreement, the spouses may restrict community of property to the property acquired during marriage. 2 Revenue from individual property becomes common property.
b. Further community of property regimes
Art. 224
1 By marital agreement, the spouses may exclude from the community of property specific assets or types of assets, such as land, a spouse’s income from work or assets used to practise a profession or run a business. 2 Unless otherwise agreed, income from such assets does not become common property.
III. Individual property
Art. 225
1 Individual property may be created by marital agreement, dispositions by third parties or by law. 2 By law, items for the exclusive personal use of a spouse and claims for satisfaction constitute individual property. 3 A spouse’s right to claim the statutory entitlement may not pass to him or her from his or her relatives as individual property where the marital agreement provides that such assets are common property.
IV. Proof
Art. 226
All assets are presumed to be common property unless proven to be the individual property of a spouse.
B. Management and power of disposal
I. Common property
1. Everyday housekeeping
Art. 227
1 The spouses must manage the common property in the best interests of the marital union. 2 Within the limits of everyday housekeeping, each spouse may incur commitments on behalf of the marital union and dispose of common property.
2. Extraordinary housekeeping
Art. 228
1 Outside the limits of everyday housekeeping, the spouses may incur commitments on behalf of the common property and dispose thereof only jointly or individually with the other’s consent. 2 Third parties are entitled to presume such consent provided they do not know or cannot be expected to know that it is absent. 3 The provisions governing representation of the marital union are reserved.
3. Use of common property for professional or busi
Art. 229
If a spouse practises a profession or runs a business on his or her own using common property with the other’s consent, he or she may conclude all transactions that such activities entail.
4. Renunciation and acceptance of inheritances
Art. 230
1 Without the other’s consent, a spouse is not entitled to renounce an inheritance which would become common property or accept inheritance of an overindebted estate. 2 If the spouse is unable to obtain consent or if it is withheld without good cause, he or she may petition the court.
Para. 2 — Amended by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
5. Liability and management costs
Art. 231
1 In relation to dealings concerning common property, on dissolution of the marital property regime, each spouse is liable as if he or she were an agent. 2 The costs of management are borne by the common property.
II. Individual property
Art. 232
1 Each spouse administers and disposes of his or her individual property within the limits of the law. 2 If income accrues to individual property, the management costs are borne by such property.
C. Liability toward third parties
I. Full liability
Art. 233
Each spouse is liable with his or her individual property and the common property: 1. for debts incurred in exercising his or her powers to represent the marital union or in managing the common property; 2. for debts incurred in the pursuit of a profession or business, provided common property has been used for this or the income therefrom becomes common property; 3. for debts for which the other spouse is also personally liable; 4. for debts in respect of which the spouses have agreed with third parties that their common property as well as the debtor’s individual property will be liable.
II. Individual liability
Art. 234
1 For all other debts a spouse is liable only to the extent of his or her individual property and half the value of the common property. 2 Claims arising from the unjust enrichment of the marital union are reserved.
D. Debts between spouses
Art. 235
1 The marital property regime does not affect the maturity of debts contracted between spouses. 2 However, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request to be granted a time limit in which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.
E. Dissolution of the property regime and liquidat
I. Time of dissolution
Art. 236
1 The marital property regime is dissolved on the death of a spouse, the implementation of a different regime or when one of the spouses is declared bankrupt. 2 In the case of divorce, separation, annulment of the marriage or a court order for separation of property, the dissolution of the marital property regime takes retroactive effect as of the date on which the application was filed. 3 When determining the composition of common property and individual property, the defining juncture is the dissolution of the marital property regime.
II. Allocation to individual property
Art. 237
Lump sum pension or invalidity benefits received by a spouse that have become common property are added to his or her individual property in the capitalised amount equivalent to the pension or invalidity annuity to which he or she would be entitled on dissolution of the marital property regime.
III. Compensation operations between joint and ind
Art. 238
1 Where debts encumbering one category of property were paid out of assets belonging to the other, respective compensation claims between the common property and the individual property of each spouse arise on the dissolution of the marital property regime. 2 A debt encumbers the property in relation to which it was incurred, but in the case of doubt it encumbers the common property.
IV. Participation in increased value
Art. 239
Where the individual property of a spouse or the common property has contributed to the acquisition, improvement or preservation of an asset belonging to another category of property, the provisions governing increased value in relation to participation in acquired property apply mutatis mutandis.
V. Valuation
Art. 240
For the purpose of valuing the common property at hand at the time of the dissolution of the marital property regime, the defining juncture is the time of the division.
VI. Division
1. On death or implementation of a different marit
Art. 241
1 If the community of property regime is dissolved by the death of a spouse or the implementation of a different marital property regime, each party or his or her heirs is entitled to one-half of the common property. 2 A different method of division may be agreed by marital agreement. 3 Such agreements must not adversely affect the right to claim the statutory entitlements of the spouse’s issue. 4 Unless there is an instruction to the contrary in the marital agreement, agreements on a different method of division do not apply on the death of a spouse when divorce proceedings are pending that results in the surviving spouse losing his or her right to claim the statutory entitlement.
Para. 4 — Inserted by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
2. In other cases
Art. 242
1 On divorce, separation, annulment of the marriage or separation of property by law or court order, each spouse shall take back from the common property such property as would have been his or her individual property under the participation in acquired property regime. 2 The remaining common property is divided equally between the spouses. 3 Agreements to vary the statutory method of division are valid only if the marital agreement expressly so provides.
VII. Division of the property
1. Individual property
Art. 243
If the community of property is dissolved by the death of a spouse, the surviving spouse may request that such property as would have been his or her individual property under the participation in acquired property regime be allocated to him or her and count toward his or her share of the estate.
2. Home and household effects
Art. 244
1 If the home in which the spouses lived or any household effects belong to the common property, the surviving spouse may request that such property be allocated to him or her and count toward his or her share of the estate. 2 Where justified in the circumstances, at the request of the surviving spouse or the other legal heirs of the deceased spouse, a usufruct or right of residence may be granted in lieu of ownership. 3 If the community of property is not dissolved by death, each spouse may make such requests where he or she may show an overriding interest.
3. Other assets
Art. 245
If a spouse demonstrates an overriding interest, he or she may also demand that other assets be allocated to him or her and count toward his or her share.
4. Further provisions
Art. 246
In other respects the provisions governing the division of property in co-ownership and the division of estates apply mutatis mutandis.
Chapter Four: Separation of Property
A. Management, benefits and power of disposal
I. In general
Art. 247
Within the limits of the law, each spouse shall administer and enjoy the benefits of his or her own property and has power of disposal over it.
II. Proof
Art. 248
1 Any person who asserts that a specific object or asset is owned by one or other spouse bears the burden of proof. 2 If no such proof may be adduced, there is a presumption of co-ownership.
B. Liability toward third parties
Art. 249
Each spouse is liable for his or her debts with all his or her property.
C. Debts between spouses
Art. 250
1 The marital property regime does not affect the maturity of debts contracted between spouses. 2 However, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request to be granted a time limit in which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.
D. Allocation of property in co-ownership
Art. 251
Where one spouse shows an overriding interest in gaining sole possession of an object or asset in co-ownership, and notwithstanding any other legal measures available, he or she may request that said object or asset be allocated to him or her in return for compensation.
Division Two: Kinship
Title Seven: Formation of the Parent-Child Relatio
Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
Chapter One: General Provisions
Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
A. Formation of parent-child relationship in gener
Art. 252
1 The parent-child relationship is formed between child and mother on the birth of the child. 2 It is formed between child and the other parent by virtue of the latter being married to the mother, or, if provided for by law, by recognition or by court declaration. 3 Moreover, the parent-child relationship is formed by adoption.
Art. 252 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 2 — Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
B. ...
Art. 253
Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
Art. 254
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).
Chapter Two: Parental Status of the Husband or Wif
Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
A. Presumption
I. Parental Status of the husband
Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
Art. 255
1 Where a child is born in wedlock, the husband is deemed to be the father. 2 If the husband dies, he is deemed to be the father provided the child is born within 300 days of his death or, if born thereafter, if it is shown that the child was conceived before the husband’s death. 3 If the husband has been declared presumed dead, he is deemed to have been the father provided the child is born within 300 days of the life-threatening event or the last sign of life.
Art. 255 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
II. Parental status of the wife
Art. 255a
1 Where the mother is married to a woman at the time of the birth and if the child has been conceived by a sperm donation in accordance with the Reproductive Medicine Act of 18 December 1998, the mother’s wife is deemed to be the other parent. 2 If the mother’s wife dies or is declared presumed dead, she is deemed to have been a parent if insemination took place before her death or before the time of the life-threatening event or the last sign of life.
Art. 256 — Inserted by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Para. 1 — SR 810.11
B. Challenging the parental status of the husband
I. Right to challenge
Amended by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
Art. 256
1 The presumption of paternity may be challenged in court: 1. by the husband; 2. by the child if the spouses cease living together while the child is still a minor. 2 The husband’s challenge is directed against the child and the mother, that of the child against the husband and the mother. 3 The husband has no right of challenge if he consented to impregnation by a third party. The child’s right to challenge paternity is subject to the Reproductive Medicine Act of 18 December 1998.
Art. 258 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 let. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 3 — SR 810.11 Para. 3 — Amended by Art. 39 of the Federal Act on Medically Assisted Reproduction of 18 Dec. 1998, in force since 1 Jan. 2001 (AS 2000 3055; BBl 1996 III 205).
II. Grounds for challenge
1. In the case of conception in wedlock
Art. 256a
1 If a child was conceived in wedlock, the challenging party must show that the husband is not the father. 2 The child is presumed to have been conceived in wedlock if it was born no earlier than 180 days after the wedding and no later than 300 days after the marriage was dissolved as a result of death.
Art. 256a — Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 2 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
2. In the case of conception before marriage or wh
Art. 256b
1 If a child was conceived before the marriage was concluded or at a time when the spouses were living apart, no further grounds need be given for the challenge. 2 However, in such cases the paternity of the husband is still presumed where the court is satisfied that he had sexual intercourse with the mother around the date of the conception.
Art. 256b — Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
III. Time limits
Art. 256c
1 The husband must file the challenge within one year of learning of the birth and of the fact that he is not the father or that another man had sexual intercourse with the mother around the date of the conception, but in any event not later than five years after the birth. 2 The child’s challenge must be filed at the latest within one year of attaining the age of majority. 3 Once these time limits have expired, a challenge of paternity is admissible provided there is good cause for the delay.
Art. 256c — Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
C. Conflict of presumptions
Art. 257
1 Where a child was born within 300 days of the dissolution of the marriage as a result of death and the mother has since remarried, the second husband is deemed to be the father. 2 If this presumption is disproved, the first husband is deemed to be the father.
Art. 259 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
D. Challenge by the parents
Art. 258
1 If the husband died or lost capacity of judgement before the time limit expired, his father or his mother may challenge his paternity. 2 In this case the provisions governing a challenge by the husband apply mutatis mutandis. 3 The one-year time limit for bringing the claim begins at the earliest on the date on which the father or mother learns of the husband’s death or loss of capacity of judgement.
Art. 258 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
E. Marriage of the parents
Art. 259
1 If the parents marry each other, the provisions governing children born in wedlock apply mutatis mutandis to a child born prior to the marriage, providing the paternity of the husband is established by recognition or court declaration. 2 Recognition may be challenged: 1. by the mother; 2. by the child or, after his or her death, by his or her issue if the spouses ceased living together while the child was still a minor or if recognition did not occur until after the child's twelfth birthday; 3. by the husband’s commune of origin or residence; 4. by the husband. 3 The provisions governing challenge of recognition apply mutatis mutandis.
Art. 259 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 2 let. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Chapter Three: Recognition and Court Declaration o
Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
A. Recognition
I. Admissibility and form
Art. 260
1 Where the parent-child relationship exists only with the mother, the father may recognise the child. 2 Where the recognising person is a minor or subject to a general deputyship or if the adult protection authority has issued a related order, recognition requires the consent of his or her legal representative. 3 Recognition is effected by means of a declaration made before the civil registrar or by disposition mortis causa or, if an action to declare paternity is pending, by a declaration made to the court.
Art. 260 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
II. Challenge
1. Right to challenge
Art. 260a
1 Recognition may be challenged before the courts by any interested party, namely the mother, the child or, after its death, its issue, and by the commune of origin or domicile of the recognising person. 2 The recognising person is entitled to file a challenge only if he or she recognised the child under threat of imminent and substantial risk to his or her own life, limb, reputation or property or to those of a person close to him or her, or in the erroneous belief that he was the father. 3 The challenge is directed against the recognising person and the child, insofar as they themselves are not the challenging persons.
Art. 260a — Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
2. Grounds
Art. 260b
1 The challenging person must prove that the recognising person is not the child’s father. 2 However, mother and child are only required to prove this if the recognising person may satisfy the court that he had sexual intercourse with the mother around the time of the child’s conception.
Art. 260b — Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
3. Time limits
Art. 260c
1 The challenge must be filed within one year of the date on which the claimant learned of the recognition and the fact that the recognising person is not the father, or that another man had sexual intercourse with the mother around the time of the conception, or on which he or she learned of his or her error or on which the threat ceased, but in any event within five years of the recognition. 2 In all cases, the child may file the challenge at any time prior to the elapse of one year after attaining the age of majority. 3 Once these time limits have expired, a challenge of recognition is admissible provided there is good cause for the delay.
Art. 260c — Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
B. Action to determine paternity
I. Right to bring the action
Art. 261
1 Both mother and child are entitled to bring an action to declare the existence of the parent-child relationship between the child and the father. 2 The action is brought against the father or, if he has died, in order of priority against his issue, parents or siblings or, where none exist, against the competent authority of his last domicile. 3 If the father has died, the court must inform his wife that the action has been brought so that she may safeguard her interests.
Art. 261 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
II. Presumption
Art. 262
1 If the defendant had sexual intercourse with the mother during the period between the 300th day and the 180th day before the child’s birth, his paternity is presumed. 2 Paternity is also presumed even if the child was conceived prior to the 300th day or after the 180th day prior to birth provided the defendant had sexual intercourse with the mother during the period in which the child was conceived. 3 There is no such presumption if the defendant shows that his paternity is either impossible or less probable than that of another man.
Art. 262 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
III. Time limits
Art. 263
1 The action is admissible both before and after the birth but must be brought: 1. by the mother within one year of the birth; 2. by the child at any time prior to the elapse of one year after attaining the age of majority. 2 If a parent-child relationship already exists with another man, the action may in any event be brought within one year of the date on which said relationship is annulled. 3 Once these time limits have expired, an action for determination of paternity is admissible provided there is good cause for the delay.
Art. 263 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 let. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Chapter Four: Adoption
Originally Chapter Three.
A. Adoption of minors
I. General requirements
Art. 264
1 A minor child may be adopted if the persons wishing to adopt have raised and cared for the child for at least one year and provided the general circumstances suggest that establishing a parent-child relationship would be in the child’s best interests without being unfair for any other children of the adoptive parents. 2 Adoption is only possible, if the persons wishing to adopt the child are able to provide for the child up to the child’s majority on the basis of their age and their personal circumstances.
Art. 264 — Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
II. Joint adoption
Art. 264a
1 Spouses may adopt a child jointly if they have been in the same household for at least three years and both are at least 28 years old. 2 Exceptions from the minimum age may be made if this is necessary for the welfare of the child. The spouses must justify the exception.
Art. 264a — Inserted by No I 1 of the FA of 30 June 1972 (AS 1972 2819; BBl 1971 I 1200). Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877)
III. Adoption by a single person
Art. 264b
1 A person who is not married and does not live in a registered partnership is permitted to adopt a child alone if he or she is at least 28 years old. 2 A married person who is at least 28 years old is permitted to adopt alone where the other spouse permanently lacks capacity of judgement or has been of unknown whereabouts for more than 2 years or if the spouses have been separated by court order for more than 3 years. 3 A person living in a registered partnership who is at least 28 years old is permitted to adopt a child alone if his or her registered partner permanently lacks capacity of judgement or has been of unknown whereabouts for more than 2 years. 4 Exceptions from the minimum age may be made if this is necessary for the welfare of the child. The person wishing to adopt must justify the exception.
Art. 264b — Inserted by No I 1 of the FA of 30 June 1972 (AS 1972 2819; BBl 1971 I 1200). Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877)
IV. Adoption of a stepchild
Art. 264c
1 A person is permitted to adopt the child of the person: 1. to whom he or she is married; 2. with whom he or she lives in a registered partnership; 3. with whom he or she cohabits. 2 The couple must have been in the same household for at least three years. 3 Persons who cohabit are not permitted to be married or to be bound by a registered partnership.
Art. 264c — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
V. Difference in age
Art. 264d
1 The age difference between the child and the persons wishing to adopt may not be less than 16 years and not more than 45 years. 2 Exceptions may be made if this is necessary for the welfare of the child. The person wishing to adopt must justify the exception.
Art. 264d — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
VI. Consent of the child and the child protection
Art. 265
1 If the child is capable of judgement, its consent is required for the adoption. 2 Where the child has a legal guardian or a legal representative, adoption requires the consent of the child protection authority even if the child is capable of judgement.
Art. 265 — Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
VII. Parents’ consent
Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
1. Form
Art. 265a
1 Adoption requires the consent of the child’s father and mother. 2 Such consent must be given by oral or written declaration to the child protection authority of the parents’ or child’s domicile or temporary residence and must be recorded. 3 Such consent is valid even if the persons wishing to adopt are not named or not yet determined.
Art. 265a — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200). Para. 3 — Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
2. Time of consent
Art. 265b
1 Consent to adoption may not be given until at least six weeks after the birth of the child. 2 It may be revoked within six weeks of having been accepted. 3 Where consent, having been revoked, is given again, it is then final.
Art. 265b — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
3. Dispensing with consent
a. Requirements
Art. 265c
The consent of a parent may be dispensed with if the identity of that parent is unknown, or if he or she has been of unknown whereabouts for some length of time, or permanently lacks capacity of judgement.
Art. 265c — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
b. Decision
Art. 265d
1 Where the child is entrusted to persons wishing to adopt with a view to subsequent adoption and the consent of one parent is not forthcoming, the child protection authority at the child’s domicile shall , at the request of the legal guardian or a legal representative, an adoption agency or the persons wishing to adopt, decide whether such consent can be dispensed with, as a rule before the child is placed in care. 2 In all other cases, the decision is made at the time of the adoption. 3 ...
Art. 265d — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200). Para. 1 — Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877). Para. 3 — Repealed by No I of the FA of 17 June 2016 (Adoption), with effect from 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
B. Adoption of an adult
Art. 266
1 An adult may be adopted if: 1. he or she is permanently in need of help for physical, mental or psychological reasons and the persons wishing to adopt have looked after him or her for at least one year; 2. the persons wishing to adopt raised and cared for the person for at least one year while he or she was still a minor; or 3. there are other good reasons and he or she has lived in the same household with the persons wishing to adopt for at least one year. 2 In all other respects, the provisions governing adoption of minors apply mutatis mutandis, with the exception of the provision on parental consent.
Art. 266 — Amended by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
C. Effects
I. In general
Art. 267
1 The adoptive child acquires the legal status of a child of the persons wishing to adopt. 2 Previous parent-child relationships are extinguished. 3 The child’s relationship with the parent who: 1. is married to; 2. lives in a registered partnership with; 3. cohabits with; the adopting person is not extinguished.
Art. 267 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
II. Name
Art. 267a
1 In the case of joint adoption and adoption by a single person, the minor may be given a new first name if there are good reasons for doing so. Prior to this, the child is heard in person in an appropriate manner by the competent authority or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or for other good cause. If the child is at least twelve years of age, a change of name requires his or her consent. 2 The name of the child is determined in accordance with the provisions governing the legal effects of the parent-child relationship. These apply mutatis mutandis to the adoption of the child by the registered partner of its mother or father. 3 The competent authority may authorise an adult to be adopted to continue using his or her existing name if there are good reasons for doing so. 4 The change of name of an adult to be adopted does not affect the naming of persons whose name is derived from the previous name of the person to be adopt
Art. 267a — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200). Amended by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581)
III. Citizenship
Art. 267b
The citizenship of a minor is determined by provisions governing the legal effects of the parent-child relationship.
Art. 267b — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
D. Procedure
I. In general
Art. 268
1 Adoption is pronounced by the competent cantonal authority at the adoptive parents’ domicile. 2 The adoption requirements must already be met when the application is submitted. 3 Once the application has been submitted, the death or loss of capacity of judgement of the person wishing to adopt does not preclude the adoption provided the other requirements are still fulfilled. 4 If the child attains the age of majority after the application for adoption has been submitted, the provisions governing the adoption of minors continue to apply provided the requirements for adoption were previously fulfilled. 5 The adoption decision shall contain all the information required for entry in the civil register relating to the first name, surname and citizenship of the adopted person.
Art. 268 — Amended by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200). Para. 2 — Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877). Para. 3 — Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877). Para. 4 — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877). Para. 5 — Inserted
II. Investigation
Art. 268a
1 An application for adoption may not be upheld until all material circumstances have been thoroughly investigated, where necessary in consultation with the relevant specialists. 2 In particular, the investigation must look into the character and health of the persons wishing to adopt and the child, their mutual relationship, their suitability as parents, their financial situation, motives and family circumstances and the history of the child care relationship. 3 ...
Art. 268a — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200). Para. 2 — Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877). Para. 3 — Repealed by No I of the FA of 17 June 2016 (Adoption), with effect from 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
III. Hearing for the child
Art. 268abis
1 The child shall be heard in person in an appropriate manner by the cantonal authority responsible for the adoption procedure or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or for other good cause. 2 Minutes shall be kept of the hearing. 3 A child capable of judgement may appeal against a decision to refuse a hearing.
Art. 268abis — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
IV. Representation for the child
Art. 268ater
1 The cantonal authority responsible for the adoption procedure shall order the child to be represented and appoint a person experienced in welfare and legal matters as the child's deputy. 2 If a child with the capacity to consent so requests, a representative must be appointed. 3 The child may challenge the rejection of his or her request by filing an appeal.
Art. 268ater — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
V. Taking account of the attitude of family member
Art. 268aquater
1 Where the persons wishing to adopt have issue of their own, the latter’s attitude to the adoption must be taken into account. 2 Prior to the adoption of an adult, the attitude of following persons must also be taken into account: 1. the spouse or registered partner of the person to be adopted; 2. the biological parents of the person to be adopted 3. the issue of the person to be adopted, unless this is inadvisable due to their age or for other good cause. 3 These persons shall, if possible, be notified of the adoption decision.
Art. 268aquater — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Dbis. Confidentiality of adoption information
Art. 268b
1 The adopted child and the adoptive parents are entitled to confidentiality of adoption information. 2 Identifying information about the minor or his or her adoptive parents may only be disclosed to the biological parents if the child is capable of judgement, and the adoptive parents and the child have consented to disclosure. 3 Identifying information about the adult child may be disclosed to the biological parents and their direct descendants if the child has consented to disclosure.
Art. 268c — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
Dter. Information on the adoption, the biological
Art. 268c
1 The adoptive parents must inform the child of his or her adoption when his or her age or maturity permits. 2 A minor is entitled to information about his or her biological parents, provided it is not possible to draw conclusions about their identity. The child shall be given identifying information only if he or she can show an interest worthy of protection. 3 An adult child may at any time request that the personal details of his or her biological parents and further information about them be disclosed to him or her. The adult child may also request that information about the direct descendants of his or her biological parents be disclosed to him or her if the descendants are of age and have consented to the disclosure.
Art. 268d — Inserted by Annex No 2 of the FA of 22 June 2001 on the Hague Adoption Convention and Measures to Protect Children in respect of Inter-Country Adoption (AS 2002 3988; BBl 1999 5795). Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Dquater. Cantonal information centre and tracing s
Art. 268d
1 Information about the biological parents, their direct descendants and the child may be obtained from the cantonal authority responsible for the adoption procedure. 2 The authority shall inform the person referred to in the request for information about the request and, where necessary, obtain his or her consent to contact the person requesting information. The authority may delegate these tasks to a specialised tracing service. 3 If the person referred to in the request for information refuses to make personal contact, the authority or the authorised tracing service shall inform the person requesting information and draw his or her attention to the personal rights of the person referred to in the request for information. 4 The cantons shall designate a body to provide advice to the biological parents, their direct descendants or the child on request.
Art. 268e — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Dquinquies. Contact with the biological parents
Art. 268e
1 The adoptive parents and the biological parents may agree that the biological parents be entitled to reasonable contact with the minor. This agreement and any amendments thereto shall be submitted to the child protection authority at the child’s place of residence for approval. The child protection authority or a third party appointed by it shall hear the child in person in an appropriate manner before the decision is taken, unless this is inadvisable due to the child's age or for other good cause. If the child is capable of judgement, its consent is required for the agreement. 2 If the best interests of the child are at risk or if there is disagreement about the implementation of the agreement, the child protection authority shall decide. 3 The child may refuse contact with its biological parents at any time. The adoptive parents may not pass on information to the biological parents against the child’s will.
Art. 268e — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
E. Challenge
I. Grounds
1. Lack of consent
Art. 269
1 Where for no just cause consent has not been obtained, those persons whose consent is required may bring an action to challenge the adoption providing this does not seriously impair the interests of the child. 2 However, the parents are not entitled to bring such action where they may appeal against the decision to the Federal Supreme Court.
Art. 269 — Amended by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
2. Other defects
Art. 269a
1 If the adoption displays other grave defects, it may be challenged by any interested party and in particular by the commune of origin or domicile. 2 However, a challenge is excluded if the defect has been rectified in the interim or if it relates solely to procedural provisions.
Art. 269a — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
II. Time limits
Art. 269b
An action to challenge the adoption must be brought within six months of discovering the grounds for the challenge and in any event within two years of the adoption.
Art. 269b — Inserted by No I 1 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
F. Adoption agency services
Art. 269c
1 The Confederation is responsible for supervising child adoption agency activities. 2 Any person engaging in such activities professionally or in connection with his or her professional activities requires an official licence; this does not apply to agency services rendered by the child protection authority. 3 The Federal Council enacts the implementing regulations and determines the manner in which the cantonal authorities responsible for placing children in foster care with a view to subsequent adoption are to be involved in assessing fulfilment of the requirements for approval of adoption and in carrying out the necessary supervision. 4 ...
Art. 269c — Inserted by No I 3 of the FA of 30 June 1972 (AS 1972 2819; BBl 1971 I 1200). Amended by Annex No 2 of the FA of 22 June 2001 on the Hague Adoption Convention and Measures to Protect Children in respect of Inter-Country Adoption, in force since 1 Jan. 2003 (AS 2002 3988; BBl 1999 5795). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 4 — Repealed by Annex N
Title Eight: Effects of the Parent-Child Relations
Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
Section One: Community of Parents and Children
Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
A. Family surname
I. Child of married parents
Art. 270
1 Where the parents are married to each other but bear different surnames, the child takes the surname that the parents decided would be given to their children when they married. 2 Within one year of the birth of their first child, the parents may request that the child take the surname of the other parent. 3 If the parents bear a joint family name, the child takes that name.
Art. 270 — Amended by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
II. Child of unmarried parents
Art. 270a
1 If one parent has parental responsibility, the child takes that parent's surname before marriage. If the parents share parental responsibility, they decide which of their surnames before marriage their children should take. 2 If joint parental responsibility is established after the birth of the first child, either parent may within a year of its establishment declare before the civil registrar that the child should take the other parent's name before marriage. This declaration applies to all common children, regardless of who is given parental responsibility. 3 If neither parent has parental responsibility, the child takes the mother's name before marriage. 4 A change in the allocation of parental responsibility has no effect on names. The provisions on changing names are reserved.
Art. 270a — Inserted by No I of the FA of 30 Sept. 2011 (Name and Citizenship) (AS 2012 2569; BBl 2009 7573 7581). Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
III. Consent of the child
Art. 270b
If the child has attained the age of twelve, his or her surname may only be changed if he or she consents.
Art. 270b — Inserted by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
B. Citizenship
Art. 271
1 The child acquires the cantonal and communal citizenship of the parent whose surname the child bears. 2 Where a child acquires the surname of the other parent while still a minor, the child acquires the cantonal and communal citizenship of that parent.
Art. 271 — Amended by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
C. Support and common welfare
Art. 272
Parents and children owe each other such support, consideration and respect as the good of the family community requires.
Art. 272 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
D. Contact
I. Parents and children
1. Principle
Art. 273
1 Parents not granted parental responsibility or whose children are not resident with them are entitled to reasonable contact with their minor children, and their children are entitled to contact with them. 2 The child protection authority may remind parents, foster parents or the child of their duties and issue them with instructions where the exercise or failure to exercise contact entitlements is detrimental to the child or where such reminder or direction is required for some other reason. 3 Contact entitlements must be stipulated if either the father or the mother so requests.
Art. 273 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2. Restrictions
Art. 274
1 The father and the mother must refrain from any conduct that impairs the child’s relationship with the other parent or makes the task of the person with custody more difficult. 2 Where contact with the child is not in its best interests, or the parents breach their duties in the course of such contact or have not cared for the child to any meaningful degree, or other good cause exists, the parents’ right of contact with the child may be refused or withdrawn. 3 Where the parents have consented to the adoption of their child or their consent may be dispensed with, their right of contact with the child is extinguished as soon as the child is placed in foster care with a view to future adoption.
Art. 274 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
II. Third parties
Art. 274a
1 In extraordinary circumstances, a right of contact with the child may also be granted to other persons and in particular to relatives, to the extent this serves the child’s best interests. 2 The restrictions on parents’ visiting rights apply mutatis mutandis.
Art. 274a — Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
III. Responsible authorities
Art. 275
1 Responsibility for orders regulating rights of contact with the child lies with the child protection authority at the child’s domicile and with that of his or her place of temporary residence, insofar as the latter has taken or is taking child protection measures. 2 If the court regulates parental responsibility, residence or the child maintenance contribution in accordance with the provisions on the divorce and protection of the marital union, it shall also regulate contact. 3 Where no orders have yet been issued regulating the father’s and mother’s contact entitlements, no contact may be had against the will of the person granted parental responsibility or with whom the child resides.
Art. 275 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 2 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
E. Right to information
Art. 275a
1 Parents who do not exercise parental responsibility should be informed of special events in the child’s life and consulted before important decisions affecting its development are taken. 2 They are entitled to obtain information concerning the child’s condition and development from third parties involved in its care, such as teachers and doctors, in the same manner as the person with parental responsibility. 3 The provisions governing responsibility for and limitations on contact with the child apply mutatis mutandis.
Art. 275a — Inserted by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
Section Two: Parents’ Duty of Maintenance
Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
A. General
I. Object and scope
Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 276
1 Maintenance is provided by caring for and raising the child and in the form of monetary payments. 2 The parents must, each according to their own abilities, provide for the child’s maintenance, including the costs of caring for and raising the child, his or her education and measures taken for his or her protection. 3 The parents are released from their duty of maintenance to the extent that the child may reasonably be expected to meet the costs thereof from his or her own earnings or other resources.
Art. 276 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 2 — Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
II. Precedence of maintenance for minors
Art. 276a
1 The duty of maintenance towards a minor shall take precedence over other maintenance duties under family law. 2 In justified cases, the court may disregard this rule, in particular in order to prevent any disadvantage to a child entitled to maintenance who is of age.
Art. 276a — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
B. Duration
Art. 277
1 The parents’ duty of maintenance lasts until the child attains the age of majority. 2 If at that juncture the child has not yet had a suitable education, the parents must pay for his or her maintenance, to the extent conscionable in the overall circumstances, until such time as the child can complete a suitable education within the customary timescale.
Art. 277 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 2 — Amended by No I of the FA of 7 Oct. 1994, in force since 1 Jan. 1996 (AS 1995 1126; BBl 1993 I 1169).
C. Married parents
Art. 278
1 For the duration of their marriage, the parents bear the costs of maintenance in accordance with the provisions of marital law. 2 Each spouse must give the other all reasonable assistance in discharging the duty to maintain children born prior to the marriage.
Art. 278 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
D. Court action
I. Right to sue
Amended by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
Art. 279
1 The child is entitled to sue the father or the mother or both for maintenance in future and for one year prior to the bringing of such action. 2–3 ...
Art. 279 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 23 — Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
II. and III. ...
Art. 280–284
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).
IV. Amount of child maintenance contribution
1. Parents’ contribution
Art. 285
1 The child maintenance contribution should correspond to the child’s needs and to the parents’ financial circumstances and resources; the child’s assets and income must be taken into account. 2 The child maintenance contribution also serves to ensure that the child is cared for by the parents or by third parties. 3 The child maintenance contribution is payable in advance on the dates stipulated by the court.
Art. 285 — Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
2. Other payments for maintenance of the child
Art. 285a
1 Family allowance credits paid to the parent required to pay maintenance must be paid in addition to the maintenance. 2 Unless the court rules otherwise, any child allowance, social security children’s supplement and similar child support benefits to which the parent subject to the duty of maintenance is entitled must be paid in addition to the child maintenance contribution. 3 Where as a result of old age or invalidity the parent subject to the duty of maintenance subsequently receives social security, children’s supplements or similar child support benefits which replace his or her employment income, he or she must pay said benefits to the child; by operation of law, his or her existing child maintenance contribution is automatically reduced by the amount of such new benefits.
Art. 285a — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
V. Change of circumstances
1. In general
Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 286
1 The court may order that the child maintenance contribution be automatically increased or decreased in the event of specified changes in the child’s needs, the parents’ financial resources or the cost of living. 2 If circumstances change considerably, at the request of one parent or the child the court will set a new level of child maintenance contribution or revoke it entirely. 3 Should the child have unforeseen, extraordinary needs the court may order the parents to make a special financial contribution.
Art. 286 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 3 — Inserted by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
2. Shortfalls
Art. 286a
1 If it was previously established in an approved maintenance agreement or a decision that no maintenance contribution could be set to provide due maintenance for the child, and should the circumstances of the parent liable to pay maintenance have since improved substantially, the child is entitled to claim payments that were not met by this parent during the previous five years in which payments were owed to provide due maintenance. 2 This claim must be brought within one year of it being known that the circumstances have improved substantially. 3 This claim passes with all rights to the other parent or to the state authority in as far as this parent or the state authority has met the missing share of the due maintenance.
Art. 286a — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
E. Maintenance agreements
I. Regular payments
Art. 287
1 Maintenance agreements are binding on the child only once they have been approved by the child protection authority. 2 Child maintenance contributions stipulated in such agreements may be modified, providing such changes have not been excluded with the approval of the child protection authority. 3 If the agreement is concluded in court proceedings, such approval must be given by the court.
Art. 287 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
II. Scope of a maintenance agreement
Art. 287a
Where maintenance contributions are set in a maintenance agreement, the agreement must specify: the income and assets of each parent and each child from which the set amount is calculated; the amount set for each child; the amount required to cover any shortfall in the due maintenance of each child; if and to what extent the maintenance contributions will be adjusted to reflect changes in living costs.
Art. 287a — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
III. Final settlement
Originally No II.
Art. 288
1 Full and final settlement of the child’s maintenance entitlement may be agreed if it is in the child’s best interests. 2 The settlement agreement becomes binding on the child only: 1. once the child protection authority or, in the case of an agreement reached during court proceedings, the court has approved it, and 2. once the settlement amount has been paid into the account designated in the approval.
Art. 288 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
F. Fulfilment
I. Entitlement
Art. 289
1 The right to child maintenance contributions is that of the child and, so long as he or she is a minor, is fulfilled by payment to the child's legal representative or to the person with whom the child resides, unless the court decides otherwise. 2 However, where the state authority assumes the cost of maintaining the child, such claim and all attendant rights pass to the state authority.
Art. 289 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
II. Enforcement
1. Enforcement assistance
Art. 290
1 If a father or mother does not fulfil his or her obligation to provide maintenance, a specialist office designated by cantonal law shall, on application, help the child and the other parent to enforce the maintenance claim appropriately and free of charge. 2 The Federal Council determines the terms of enforcement assistance.
Art. 290 — Amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
2. Directions to debtors
Art. 291
If the parents neglect to take due care of the child, the court may order their debtors to make payment in whole or in part to the child’s legal representative.
Art. 291 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
III. Security
Art. 292
If the parents are persistently neglectful in their duty of maintenance, or if there are grounds to suspect that they are preparing to abscond or are dissipating or concealing their assets, the court may order them to furnish appropriate security for future child maintenance contributions.
Art. 292 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
G. Public law
Art. 293
1 Subject to the duty of relatives to provide support, public law determines who must bear the costs of maintenance if neither the parents nor the child may defray them. 2 Public law also governs the provision of advances to maintain the child if the parents fail to fulfil their duty of maintenance.
Art. 293 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
H. Foster parents
Art. 294
1 Foster parents are entitled to receive an appropriate fostering allowance unless otherwise agreed or clearly dictated by the circumstances. 2 Where children are fostered by close relatives or with a view to subsequent adoption there is a presumption that no remuneration is due.
Art. 294 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
J. Rights of the unmarried mother
Art. 295
1 Up to one year after the birth at the latest, the mother may file a claim against the father or his legal heirs for compensation: 1. in respect of the confinement costs; 2. in respect of the costs of maintenance for at least four weeks prior to the birth and at least eight weeks thereafter; 3. in respect of other expenses rendered necessary by the pregnancy or confinement, including the initial equipment for the child. 2 On grounds of equity, the court may award partial or full compensation for such costs if the pregnancy ends prematurely. 3 Third-party payments to which the mother is entitled by law or by contract must be taken into consideration to the extent justified in the circumstances.
Art. 295 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Section Three: Parental Responsibility
Inserted by No I 1 of the FA of 25 June 1976 (AS 1977 237; BBl 1974 II 1). Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
A. Principles
Art. 296
1 Parental responsibility serves the best interests of the child. 2 Until such time as they attain the age of majority, children remain the joint parental responsibility of their father and mother. 3 Parents who are minors or subject to a general deputyship may not exercise parental responsibility. When the parents attain the age of majority, they are assigned parental responsibility. If the general deputyship is revoked, the child protection authority shall assign parental responsibility in a manner appropriate to the child's best interests.
Art. 296 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Abis. Death of a parent
Art. 297
1 If the parents have joint parental responsibility and one parent dies, the surviving parent retains sole parental responsibility. 2 If a parent who has sole parental responsibility dies, the child protection authority shall assign parental responsibility to the surviving parent or if a legal guardian is appointed for the child, to the person more suited to safeguarding the child's best interests.
Art. 297 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Ater. Divorce and other marital proceedings
Art. 298
1 In divorce proceedings or proceedings to protect the marital union, the court shall assign one parent sole parental responsibility if this is necessary to safeguard the child's best interests. 2 It may limit itself to regulating residence, contact or sharing of parenting duties if there is no prospect of the parents agreeing on these matters. 2bis When regulating residence, contact and the sharing of parenting duties it shall take account of the right of the child to maintain regular personal relationships with both parents. 2ter Where joint parental responsibility is awarded, with respect to the child’s best interests, it shall consider the possibility of the child residing with both parents on an alternating basis, if this is requested by one of the parents or by the child. 3 It shall request the child protection authority to appoint a legal guardian for the child if neither the mother nor the father can be expected to accept parental responsibility.
Art. 298 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). Para. 2bis — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 2ter — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Aquater. Recognition and court declaration of pate
I. Joint declaration by the parents
Art. 298a
1 If the parents are not married to each other and if the father recognises the child, or the parent-child relationship is established by court judgment but joint parental responsibility was not ordered at the time of the judgment, joint parental responsibility is established based on a joint declaration by the parents. 2 In the declaration, the parents confirm that they: 1. are prepared to accept joint responsibility for the child; and 2. have agreed on residence and contact or on the sharing of parenting duties and on the child maintenance contribution for the child. 3 Before making the declaration, the parents may seek advice from the child protection authority. 4 If the parents make the declaration at the same time as recognising paternity, the declaration is made to the civil registrar. A subsequent declaration must be made to the child protection authority at the child's domicile. 5 Unless and until the declaration has been made, the mother has sole parental responsibility.
Art. 298a — Inserted by No I 4 of the FA of 26 June 1998 (AS 1999 1118; BBl 1996 I 1). Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
II. Decision of the child protection authority
Art. 298b
1 If a parent refuses to make a declaration on joint parental responsibility, the other parent may request the child protection authority at the child's domicile to intervene. 2 The child protection authority shall order joint parental responsibility, unless the mother should retain sole parental responsibility or sole parental responsibility should be assigned to the father in order to safeguard the child's best interests. 3 At the same time as deciding on parental responsibility, the child protection authority shall regulate any other matters in dispute. An action for payment of the maintenance contribution may be brought before the competent court; in such a case the court also decides on parental responsibility and other matters relating to the child. 3bis In its decision on residence, contact and the sharing of parenting duties, the child protection authority shall take account of the right of the child to maintain regular personal relationships with both parents. 3ter Where joint
Art. 298b — Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). Para. 3 — Second sentence amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 3bis — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 3ter — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), i
III. Paternity action
Art. 298c
If the court upholds a paternity action, it shall order joint parental responsibility unless the mother retains sole parental responsibility or sole parental responsibility is assigned to the father in order to safeguard the child's best interests.
Art. 298c — Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
IV. Change in circumstances
Art. 298d
1 At the request of either parent, the child or ex officio, the child protection authority shall reassign parental responsibility if this is necessary to safeguard the child's best interests due to a substantial change in circumstances. 2 It may limit itself to regulating residence, contact or the sharing of parenting duties. 3 An action for a change to the maintenance payments may be brought to the competent court; in such a case the court may make a new ruling on parental responsibility and other matters relating to the child.
Art. 298d — Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). Para. 3 — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Aquinquies. Change in the situation after the adop
Art. 298e
If the person who adopts the child cohabits with the child’s mother or father, and there is a substantial change in the circumstances, the provision on the change of circumstances applies mutatis mutandis in the case of recognition and judgement of paternity.
Art. 298e — Inserted by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Asexies. Step-parents
Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Art. 299
Each spouse must give the other reasonable support in exercising parental responsibility over the latter’s children and must represent the other spouse as circumstances require.
Art. 299 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
Asepties. Foster parents
Amended by No I of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Art. 300
1 If a child is placed in foster care with third parties, unless the relevant orders provide otherwise, these third parties exercise parental responsibility over the child in loco parentis to the extent required for the proper fulfilment of their duties. 2 Foster parents must be consulted before any important decisions are taken regarding the child.
Art. 300 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
B. Scope
I. In general
Art. 301
1 The parents raise and care for a child with his or her best interests in mind and take all necessary decisions unless the child has capacity to act. 1bis The parent who is taking care of the child may decide alone if: 1. the matter is routine or urgent; 2. the other parent cannot be consulted without incurring unreasonable trouble or expense. 2 The child owes his or her parents obedience; according to how mature the child is, the parents shall allow the child the freedom to shape his or her own life and, wherever feasible, take due account of the child’s opinion in important matters. 3 The child is not permitted to leave the family home without the parents’ consent, nor may he or she be unlawfully removed from them. 4 The parents give the child his or her first name.
Art. 301 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1bis let. 2 — Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
II. Deciding on the place of residence
Art. 301a
1 Parental responsibility includes the right to decide on the child's place of residence. 2 If parents exercise joint parental responsibility and if one parent wishes to change the child's place of residence, this requires the consent of the other parent or a decision of the court or the child protection authority if: a. the new place of residence is outside Switzerland; or b. the change of place of residence has serious consequences for the ability of the other parent to exercise parental responsibility and have contact. 3 If one parent has sole parental responsibility and if he or she wishes to change the child's place of residence, he must inform the other parent of this in good time. 4 A parent who wishes to change his or her own domicile has the same duty to provide information. 5 If required, the parents shall agree to modify the rules on parental responsibility, residence, contact and the child maintenance contribution in such a way as to safeguard the child's best interests. If
Art. 301a — Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
III. Upbringing
Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 302
1 The parents must raise the child according to their circumstances and encourage and safeguard the child’s physical, mental and moral development. In particular, they must raise the child without the use of violence, namely without corporal punishment or other forms of degrading treatment. 2 The parents must arrange for the child, especially if he or she has physical or learning disabilities, to receive an appropriate general and vocational education that corresponds as closely as possible to the child’s abilities and inclinations. 3 To that end, the parents must co-operate as appropriate with school authorities and, where required, with public and charitable youth support agencies. 4 The cantons shall ensure that, in the event of difficulties in raising a child, the parents and the child may seek assistance from counselling agencies, whether jointly or individually.
Art. 302 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Second sentence inserted by No I of the FA of 26 Sept. 2025 (Non-Violent Upbringing), in force since 1 July 2026 (AS 2026 94; BBl 2024 2516). Para. 4 — Inserted by No I of the FA of 26 Sept. 2025 (Non-Violent Upbringing), in force since 1 July 2026 (AS 2026 94; BBl 2024 2516).
IV. Religious upbringing
Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 303
1 The parents are free to determine the child’s religious upbringing. 2 Any agreement restricting this freedom is invalid. 3 Once a child is 16 years of age, he or she is free to decide his or her own religious denomination.
Art. 303 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
V. Representation
1. In relation to third parties
a. In general
Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 304
1 By operation of law, the parents are vested with the power to represent the child in all dealings with third parties to the extent they have parental responsibility for the child. 2 If both parents have parental responsibility, all third parties acting in good faith may assume that each parent acts with the other’s consent. 3 Parents acting as their child's representative may not provide any financial guarantees, establish any foundations or make gifts on behalf of the client, with the exception of customary occasional gifts.
Art. 304 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 2 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 3 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006
b. Child’s legal status
Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Art. 305
1 A child under parental responsibility may by his or her own acts establish rights and obligations and exercise strictly personal rights under the law of persons. 2 The child is liable with all his or her assets for any obligations entered into, without regard to the parents’ property rights.
Art. 305 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2. Within the family community
Art. 306
1 Children with capacity of judgement who are under parental responsibility may, with their parents’ consent, act for the family as a whole, but in so doing engage not themselves but their parents. 2 If the parents are prevented from acting or if they have interests in a matter that conflict with those of the child, the child protection authority shall appoint a deputy or regulate the matter itself. 3 In the event of a conflict of interests, the parents' powers become automatically void by law in relation to the matter concerned.
Art. 306 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 3 — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of
C. Child protection
I. Appropriate measures
Art. 307
1 If the child’s best interests are threatened and the parents are unwilling or unable to remedy the situation, the child protection authority must take all appropriate measures to protect the child. 2 The child protection authority has the same duty with regard to children placed with foster parents or otherwise living outside the family home. 3 In particular it is entitled to remind parents, foster parents or the child of their duties, issue specific instructions regarding care, upbringing or education and appoint a suitable person or agency with powers to investigate and monitor the situation.
Art. 307 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
II. Deputyship
Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 308
1 Where circumstances so require, the child protection authority shall appoint a child deputy whose function is to help the parents look after the child by providing advice and practical support. 2 It may assign special powers to the deputy, in particular to represent the child in the paternity action, in safeguarding the child's right to child support and the child's other rights and in supervising contact. 3 Parental responsibility may be restricted accordingly.
Art. 308 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 2 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 309
Repealed by No I of the FA of 21 June 2013 (Parental Responsibility), with effect from 1 July 2014 (AS 2014 357; BBl 2011 9077).
III. Revocation of the right to decide on place of
Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Art. 310
1 Where there is no other way to avert a threat to the child’s best interests, the child protection authority must remove the child from the parents or from any third parties with whom he or she is staying and place the child in a suitable location. 2 At the request of the parents or the child, the child protection authority must do likewise if relations between them have deteriorated to the extent that it is no longer conscionable for the child to remain in the family home and provided no other practical remedy is available in the circumstances. 3 Where a child has lived for some length of time with foster parents, the child protection authority may forbid the parents to take the child back if such action might pose a serious risk to the child’s development.
Art. 310 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
IV. Withdrawal of parental responsibility
1. Ex-officio
Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Art. 311
1 If other child protection measures have failed or offer little prospect of proving adequate, the child protection authority shall revoke parental responsibility: 1. if the parents are unable to exercise parental responsibility as required on account of inexperience, illness, disability, absence, violent behaviour or other similar reasons; 2. if the parents have not cared for the child to any meaningful degree or have flagrantly violated their duties towards the child. 2 Where parental responsibility is withdrawn from both parents, a legal guardian is appointed for their children. 3 Unless expressly ordered otherwise, the withdrawal of parental responsibility is effective in respect of all the children, including those born subsequently.
Art. 311 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I 2 of the FA of 19. Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 1 let. 1 — Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
2. With the parents' consent
Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Art. 312
The child protection authority shall withdraw parental responsibility: 1. if the parents so request for good cause; 2. if the parents have consented to having the child adopted in future by unnamed third parties.
Art. 312 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
V. Change in circumstances
Art. 313
1 If circumstances change, the child protection measures in place must be adapted to suit the new situation. 2 On no account may parental responsibility be restored within less than one year of its withdrawal.
Art. 313 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
VI. Procedure
1. General
Art. 314
1 The provisions on the procedure before the adult protection authority apply mutatis mutandis. 2 In appropriate cases, the child protection authority may request the parents to attempt mediation. 3 If the child protection authority appoints a deputy, it shall state the tasks of the deputy and any restrictions on parental responsibility in the decision.
Art. 314 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2. Hearing for the child
Art. 314a
1 The child is heard in person in an appropriate manner by the child protection authority or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or other good cause. 2 The record of the hearing contains only the findings of relevance to the decision. The parents are informed of these findings. 3 A child capable of judgement may appeal against a decision to refuse a hearing.
Art. 314a — Inserted by No II of the FA of 6 Oct. 1978 (AS 1980 31; BBl 1977 III 1). Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
3. Representation for the child
Art. 314abis
1 If necessary, the child protection authority shall order the child to be represented and appoint a person experienced in welfare and legal matters as the child's deputy. 2 The child protection authority shall consider the appointment of a representative in particular if: 1. the proceedings relate to the child's accommodation; 2. the parties file differing applications in relation to regulating parental responsibility or important contact issues. 3 The child's deputy may file applications and appeals.
Art. 314abis — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
4. Committal to a secure institution or psychiatri
Art. 314b
1 If the child must be committed to a secure institution or a psychiatric hospital, the adult protection provisions on care-related hospitalisation apply mutatis mutandis. 2 If the child is capable of judgement, he or she may petition the court directly.
Art. 314b — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
5. Right to notify
Art. 314c
1 Any person may notify the child protection authorities if a child’s physical, mental or sexual integrity appears to be at risk. 2 If a report is in the interest of the child, persons who are subject to professional confidentiality under the Swiss Criminal Code are also entitled to notify the authorities. This provision does not apply to auxiliary persons bound by professional confidentiality under the Criminal Code.
Art. 314c — Inserted by No I of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431). Para. 2 — SR 311.0
6. Duty to notify
Art. 314d
1 The following persons, provided they are not subject to professional confidentiality under the Swiss Criminal Code, are obliged to report if there are clear indications that the physical, psychological or sexual integrity of a child is at risk and that they cannot remedy the threat as part of their professional activities: 1. specialists from the fields of medicine, psychology, care services, childcare, education, counselling, religion and sport who have regular contact with children; 2. persons who learn of such a case in their official capacity. 2 The duty to notify is fulfilled when a person notifies a superior. 3 The cantons may provide for further notification obligations.
Art. 314d — Inserted by No I of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431). Para. 1 — SR 311.0
7. Cooperation and administrative assistance
Art. 314e
1 The persons and third parties involved in the proceedings are obliged to cooperate in ascertaining the facts of the case. The child protection authority issues the necessary orders to protect any interests worthy of protection. If necessary, it shall issue an order for the compulsory enforcement of the duty to cooperate. 2 Persons bound by professional confidentiality in accordance with the Swiss Criminal Code are entitled to cooperate without having to be released from this confidentiality requirement beforehand. This provision does not apply to auxiliary persons bound by professional confidentiality under the Criminal Code. 3 Persons bound by professional confidentiality in accordance with the Swiss Criminal Code are obliged to cooperate if the person entitled to confidentiality has authorised them to do so or if the superior authority or the supervisory authority has released them from professional confidentiality at the request of the child protection authority. Article 13 of the
Art. 314e — Inserted by No I of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431). Para. 2 — SR 311.0 Para. 3 — SR 935.61
VII. Jurisdiction
1. In general
Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
Art. 315
1 Child protection measures are ordered by the child protection authorities at the child’s domicile. 2 If the child lives with foster parents or otherwise outside the parental family home or if there is risk in delay, responsibility also rests with the authorities of the place in which the child is currently staying. 3 If the latter authorities implement a child protection measure, they must inform the authority at the child’s domicile.
Art. 315 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2. In marital proceedings
a. Jurisdiction of the court
Art. 315a
1 If the court is called on to rule on relations between the parents and the children in accordance with the provisions governing divorce or protection of the marital union, it must also order all necessary child protection measures and instruct the child protection authority to implement them. 2 The court may also modify child protection measures already in place to take account of changes in circumstances. 3 However, the child protection authority retains the power: 1. to continue child protection proceedings introduced prior to the court proceedings; 2. to order such measures as are required immediately to protect the child where the court is unlikely to be able to do so in good time.
Art. 315a — Inserted by No I 1 of the FA of 25 June 1976 (AS 1977 237; BBl 1974 II 1). Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 3 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013
b. Amendment of court orders
Art. 315b
1 The court has jurisdiction to amend court orders regarding custody awards and child protection: 1. during divorce proceedings; 2. in proceedings to alter the divorce decree pursuant to the regulations governing divorce; 3. in proceedings to modify measures for protection of the marital union; the regulations governing divorce are applicable mutatis mutandis. 2 In all other cases jurisdiction lies with the child protection authority.
Art. 315b — Inserted by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
VIII. Supervision of foster children
Art. 316
1 Any person taking in foster children requires authorisation from and is under the supervision of the child protection authority at his domicile or some other body designated by the canton. 1bis Where a child is fostered with a view to subsequent adoption, a single cantonal authority is responsible. 2 The Federal Council enacts implementing regulations.
Art. 316 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 1bis — Inserted by Annex No 2 of the FA of 22 June 2001 on the Hague Adoption Convention and Measures to Protect Children in respect of Inter-Country Adoption, in force since 1 Jan. 2003 (AS 2002 3988; BBl 1999 5795).
IX. Cooperation in youth support
Art. 317
The cantons issue such regulations as are required to ensure effective cooperation between the authorities and official bodies in the areas of child protection under civil law, the criminal law relating to young offenders and other youth support activities.
Art. 317 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
Section Four: Property of the Child
Inserted by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
A. Management
Art. 318
1 As long as they have parental responsibility for the child, the parents have the right and the duty to administer the child’s property. 2 If a parent dies, the surviving parent must file an inventory of the child's property with the child protection authority. 3 If the child protection authority regards it as appropriate in view of the nature and extent of the child's property and the personal circumstances of the parents, it shall order an inventory to be prepared or regular accounts and reports to be submitted.
Art. 318 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 3 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
B. Use of income
Art. 319
1 The parents are permitted to use the income from the child’s property for the child’s maintenance, upbringing and education and, where equitable, also for the requirements of the household. 2 Any surplus accrues to the child’s property.
Art. 319 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
C. Drawing on the child’s assets
Art. 320
1 Settlements, compensation and similar payments may be used in portions to fund the child’s maintenance in accordance with its current requirements. 2 Where necessary to meet the costs of maintenance, upbringing or education, the child protection authority may permit the parents to make use of other parts of the child’s assets in specific amounts.
Art. 320 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
D. Freely disposable property of the child
I. Endowments
Art. 321
1 The parents are not permitted to draw on revenue from the child’s assets if, when given to the child, they were designated as interest-bearing investments or savings or use of the revenue by the parents was expressly excluded. 2 Management by the parents is excluded only where expressly so provided when the child is endowed with the assets.
Art. 321 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
II. Statutory entitlement
Art. 322
1 By disposition mortis causa the child’s right to claim the statutory entitlement may also be excluded from management by the parents. 2 If the testator appoints a third party to administer the bequest, the child protection authority may require the latter to carry out periodic accounting and reporting.
Art. 322 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
III. Employment income, professional and business
Art. 323
1 The child manages and enjoys the benefits of all fruits of his or her own labour and of those of his or her assets that are released by his or her parents for use in the child's professional or business activities. 2 If the child lives with its parents in the family home, they may require the child to make an appropriate contribution to his or her maintenance.
Art. 323 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
E. Protection of the child’s property
I. Appropriate measures
Art. 324
1 Where there is no adequate guarantee that the child’s property will be diligently managed, the child protection authority takes the necessary measures to protect it. 2 In particular, the child protection authority may issue instructions regarding such management and, where the periodic accounting and reporting is insufficient, may order the parents to deposit the property or furnish security. 3 Procedure and jurisdiction are regulated mutatis mutandis by the provisions governing child protection.
Art. 324 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
II. Withdrawal of management
Art. 325
1 If there is no other way to avert a threat to the child’s property, the child protection authority shall appoint a child welfare advocate to manage it. 2 The child protection authority does likewise if a child’s property that is not managed by the parents is threatened. 3 Where there is serious concern that income from the child’s property or the amounts designated for use or released to cover the child’s needs are not being used as intended, the child protection authority may also appoint a child welfare advocate to manage those assets.
Art. 325 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
F. End of asset management
I. Return of property
Art. 326
On termination of parental responsibility or the parents’ management, the parents must hand over the child’s property together with a final statement of account to the adult child or to the child’s legal representative.
Art. 326 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
II. Liability
Art. 327
1 The parents are liable to make restitution as if they were authorised agents. 2 The parents must surrender the proceeds of any property alienated in good faith. 3 The parents do not owe compensation for any authorised expenditures on the child or the household.
Art. 327 — Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
Section Five: Minors subject to Guardianship
Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
A. Principle
Art. 327a
If a child is not subject to parental responsibility, the child protection authority shall appoint a guardian for the child.
B. Legal status
I. Of the child
Art. 327b
A child subject to guardianship has the same legal status as a child subject to parental responsibility.
II. Of the guardian
Art. 327c
1 A guardian has the same rights as the parents. 2 The provisions on adult protection, and in particular on appointing a and acting as a deputy and the involvement of the adult protection authority apply mutatis mutandis. 3 If the child must be committed to a secure institution or psychiatric hospital, the adult protection provisions on care-related hospitalisation apply mutatis mutandis.
Title Nine: Family Community
Chapter One: Duty of Assistance
A. Persons obliged to lend assistance
Art. 328
1 A person living in financial comfort has a duty to lend assistance to any lineal relatives of older or younger generations who would suffer hardship without such assistance. 2 The duty of maintenance of parents, spouses and registered partners is reserved.
Art. 328 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). Para. 2 — Amended by Annex No 8 of the Federal Act on Partnerships of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
B. Scope and enforcement of the claim for assistan
Amended by No I 2 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
Art. 329
1 The claim for assistance is directed against those with a duty to provide it in order of their inheritance entitlements; the amount is dependent on the degree of assistance required to maintain the indigent claimant and on the circumstances of the person obliged to provide it. 1bis No claim for support may be made if the hardship arises from a restriction in the ability to pursue gainful employment owing to the care of one’s own children. 2 Where in the light of special circumstances the court deems it inequitable to require a person to fulfil his duty of assistance, the court may restrict such duty or revoke it entirely. 3 The provisions governing child maintenance entitlement and the transfer of such entitlement to the state authority are applicable mutatis mutandis.
Para. 1bis — Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). Para. 2 — Amended by No I 2 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). Para. 3 — Amended by No I 2 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
C. Maintenance of foundlings
Art. 330
1 Foundlings are maintained by the commune in which they have become naturalised. 2 If a foundling’s parentage is established, the commune may require those relatives with a duty of assistance and, as a last recourse, the state authority under such duty to compensate it for the costs incurred in maintaining the foundling.
Chapter Two: Authority within the Household
A. Requirement
Art. 331
1 Where by law, agreement or family custom persons living in common household have a head of the family, such person holds authority within the household. 2 The authority extends over all persons living in the household, whether relatives by blood or by marriage or employees or persons in a similar position based on a contractual relationship.
Para. 2 — Term amended by No I 3 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200). Para. 2 — Amended by No II Art. 2 No 2 of the FA of 25 June 1971, in force since 1 Jan. 1972 (AS 1971 1465; BBl 1967 II 241).
B. Effect
I. House rules and welfare
Art. 332
1 The house rules to which the household members are subject must take due account of the interests of all involved. 2 In particular, the household members must be allowed the freedom required for their education, occupation and religious practices. 3 All property brought in by the household members must be kept safe and sound by the head of the family with the same care and attention given to his own property.
II. Liability
Art. 333
1 If damage is caused by a member of the household who is a minor, suffers from a mental disability, is subject to a general deputyship, or is mentally ill, the head of the family is liable unless he can show that his supervision of the household was as diligent as would normally be expected in the circumstances prevailing. 2 The head of the family is obliged to ensure that the condition of a household member who suffers from a mental disability or a mental illness does not result in risk or damage to himself or to others. 3 Where necessary, the head of the family must notify the competent authority with a view to having the requisite precautionary measures put in place.
Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
III. Claims of children and grandchildren
1. Requirements
Art. 334
1 Adult children or grandchildren who have contributed their labour or income to parents or grandparents with whom they live in a common household are entitled to suitable compensation in return. 2 In the event of dispute the court determines the amount of compensation, the security required and the payment method.
Art. 334 — Amended by No I 1 of the FA of 6 Oct. 1972, in force since 15 Feb. 1973 (AS 1973 93; BBl 1970 I 805, 1971 I 737). Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2. Asserting claims
Art. 334bis
1 The compensation due to children or grandchildren may be claimed on the debtor’s death. 2 It may also be claimed during the debtor’s lifetime if his property is distrained or he is declared bankrupt, the common household ceases to exist or the business changes hands. 3 The claim is not subject to prescription, but must be brought at the latest on division of the deceased debtor’s estate.
Art. 334bis — Inserted by No I 1 of the FA of 6 Oct. 1972, in force since 15 Feb. 1973 (AS 1973 93; BBl 1970 I 805, 1971 I 737).
Chapter Three: Family Property
A. Family foundations
Art. 335
1 A body of assets may be tied to a family by means of a family foundation created under the law of persons or inheritance law in order to meet the costs of raising, endowing or supporting family members or for similar purposes. 2 It is no longer permitted to establish a fee tail.
B. Ownership in undivided shares
I. Formation
1. Authority
Art. 336
Members of a family may tie a body of assets to the family by placing all or part of an inheritance or other property under joint ownership in undivided shares.
2. Form
Art. 337
The agreement establishing joint ownership in undivided shares is valid only if done as a public deed signed by all co-owners or their representatives.
II. Duration
Art. 338
1 Joint ownership in undivided shares may be constituted for a limited or indefinite duration. 2 If constituted for an indefinite duration, it may be terminated by any co-owner subject to six months’ notice. 3 Where the co-owned asset is an agricultural enterprise, such notice must always expire on a spring or autumn date in accordance with local custom.
III. Effect
1. Type of ownership
Art. 339
1 Joint ownership in undivided shares binds the co-owners together in common economic activity. 2 Unless otherwise provided, they enjoy equal rights in the co-owned property. 3 For the duration of their joint ownership in undivided shares, they may neither seek a division of the property nor dispose of their own share.
2. Management and representation
a. In general
Art. 340
1 The affairs of the joint ownership in undivided shares are regulated by all the co-owners acting collectively. 2 Each co-owner may take ordinary administrative actions on his own initiative.
b. Manager's powers
Art. 341
1 The co-owners may appoint one of their number to act as their manager. 2 The manager represents the co-owners in all external dealings and directs their economic activities. 3 Where representation by the other co-owners is excluded, such exclusion may be invoked against third parties acting in good faith only if the sole representative is entered in the commercial register.
3. Common property and personal property
Art. 342
1 The property under joint ownership in undivided shares is owned collectively by all the co-owners. 2 The co-owners are jointly and severally liable for debts encumbering such property. 3 Except where otherwise agreed, all property belonging to a co-owner besides that owned collectively in undivided shares, and all property inherited or acquired in some other manner without valuable consideration during the co-ownership is the personal property of that co-owner.
IV. Dissolution
1. Grounds
Art. 343
Joint ownership in undivided shares is dissolved: 1. by agreement or notice of termination; 2. on expiry of the period for which ownership in undivided shares was established, providing it is not tacitly renewed; 3. on realisation of a co-owner’s share of the property that has been distrained; 4. if a co-owner is declared bankrupt; 5. at the request of a co-owner for good cause.
2. Notice, insolvency, marriage
Art. 344
1 If one co-owner gives notice to terminate joint ownership in undivided shares or is declared bankrupt, or if his share is realised after having been distrained, joint ownership in undivided shares may be maintained by the other co-owners provided they reach a settlement with him or his creditors. 2 A co-owner who marries is entitled to request such settlement without giving notice of termination.
3. Death of a co-owner
Art. 345
1 On the death of a co-owner, heirs who are not also co-owners are entitled only to settlement of his share. 2 Where he is survived by issue entitled to inherit his share, with the consent of the other co-owners such issue may accede to the joint ownership in undivided shares in his place.
4. Division
Art. 346
1 Division of the collectively owned property or settlement of a withdrawing co-owner’s share is based on the condition of the property when the grounds for dissolution arose. 2 Its implementation may not be requested at an inopportune time.
V. Revenue-generating co-ownership
1. Nature
Art. 347
1 The co-owners may entrust the exploitation and representation of the collectively owned property to one of their number on condition that he pay each co-owner a share of the net profit annually. 2 Unless otherwise agreed, such share is determined equitably on the basis of the average revenues generated by the property over a sufficiently long period and with due regard to the work done by the person managing it.
2. Special grounds for dissolution
Art. 348
1 If the collectively owned property is not properly managed or the managing co-owner fails to meet his obligations towards the other co-owners, the joint ownership in undivided shares may be dissolved. 2 Where there is good cause, a co-owner may request the court to authorise him to assume joint management of the property, taking due consideration of the provisions governing the division of the estate. 3 In all other respects, revenue-generating joint ownership in undivided shares is subject to the provisions governing the joint ownership in undivided shares of a collectively managed business.
Art. 349–358
Repealed by No I 4 of the FA of 26 June 1998, with effect from 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
Art. 359
Repealed by No II 21 of the FA of 15 Dec. 1989 on Approval of Cantonal Decrees by the Federal Government, with effect from 1 Feb. 1991 (AS 1991 362; BBl 1988 II 1333).
Division Three: The Protection of Adults
Amended by No I 1 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Title Ten: Own Arrangements for Care and Statutory
Section One: Own Arrangements for Care
Subsection One: The Advance Care Directive
A. Principle
Art. 360
1 A person with capacity to act may instruct a natural person or legal entity to take responsibility for his or her personal care or the management of his or her assets or to act as his or her legal agent in the event that he or she is no longer capable of judgement. 2 He or she must define the tasks that are to be assigned and may issue instructions on how these tasks are to be fulfilled. 3 He or she may provide for a replacement for the event that the appointee is not suitable for the tasks, does not accept the mandate or terminates the mandate.
B. Execution and revocation
I. Execution
Art. 361
1 The advance care directive must be executed in holographic form or publicly authenticated. 2 A holograph advance care directive must be handwritten, dated and signed by the client from beginning to end. 3 On request, the Civil Register Office shall record in the central database the fact that a person has executed an advance care directive and the place where it is kept. The Federal Council shall issue the required provisions, in particular on the access to the data.
II. Revocation
Art. 362
1 The client may revoke the advance care directive at any time in either of the ways provided for its execution. 2 He or she may also revoke the advance care directive by destroying the document. 3 If he or she executes a new advance care directive without expressly revoking the previous directive, the new advance care directive replaces the previous one unless it is clearly no more than an amendment to the same.
C. Decision on effectiveness and acceptance
Art. 363
1 Where the adult protection authority learns that a person is no longer capable of judgement, but it is unaware if there is an advance care directive, it shall enquire at the Civil Register Office. 2 If there is an advance care directive, the adult protection authority shall verify if: 1. the directive has been validly executed; 2. the requirements for its effectiveness are met; 3. the appointee is fit for his or her duties; and 4. if further adult protection measures are required. 3 If the appointee accepts the advance care directive, the authority shall advise him or her of his or her obligations under the provisions of the Code of Obligations on agency contracts and issue him or her with a formal document stating his or her powers.
Para. 3 — SR 220
D. Interpretation and clarification
Art. 364
The appointee may request the adult protection authority to interpret the advance care directive and to add clarification to secondary points.
E. Fulfilment
Art. 365
1 The appointee shall represent the client in accordance with the advance care directive and fulfil his or her duties with due care in accordance with the provisions of the Code of Obligations on agency contracts. 2 Where transactions must be carried out that are not covered by the advance care directive, or if the appointee has an interest in a matter that conflicts with that of the client, the appointee shall notify the adult protection authority immediately. 3 In the event of a conflict of interest, the powers of the appointee cease to apply by law.
Para. 1 — SR 220
F. Remuneration and expenses
Art. 366
1 If the advance care directive has no instructions on the remuneration of the appointee, the adult protection authority shall specify appropriate remuneration provided this appears justified given the extent of the duties or if the services provided by the appointee are normally remunerated. 2 The remuneration and the required expenses are charged to the client.
G. Termination
Art. 367
1 The appointee may terminate the advance care directive at any time subject to giving two months' written notice to the adult protection authority. 2 For good cause, the appointee may terminate the directive without notice.
H. Intervention by the adult protection authority
Art. 368
1 If the interests of the client are endangered or no longer protected, the adult protection authority may take the required measures ex officio or at the request of a closely associated person. 2 It may in particular issue the appointee with instructions, order the appointee to file an inventory, regular accounts and reports or revoke all or some of his or her powers.
I. Regaining the capacity of judgement
Art. 369
1 If the client regains the capacity of judgement, the advance care directive shall by law cease to have effect. 2 If the interests of the client are endangered thereby, the appointee must continue to carry out the tasks assigned to him or her until the client can safeguard his or her own interests. 3 The appointee is bound as if the directive still applies by transactions that he or she enters into before he or she learns that the directive has ceased to apply.
Subsection Two: The Patient Decree
A. Principle
Art. 370
1 A person who is capable of judgement may specify in a patient decree which medical procedures he or she agrees or does not agree to in the event that he or she is no longer capable of judgement. 2 He or she may also designate a natural person who in the event that he or she is no longer capable of judgement should discuss the medical procedures with the attending doctor and decide on his or her behalf. He or she may issue instructions to this person. 3 He or she may issue alternative instructions for the event that the designated person is not suitable for the tasks, does not accept the mandate or terminates the mandate.
B. Execution and revocation
Art. 371
1 The patient decree must be executed in writing, and be dated and signed. 2 Any person who has executed a patient decree may have this fact and the place where it is kept entered on his or her health insurance card. The Federal Council shall issue the required provisions, in particular on the access to the data. 3 The provision on revoking an advance care directive applies mutatis mutandis.
C. Loss of capacity of judgement
Art. 372
1 If the patient lacks capacity of judgement and it is not known if there is a patient decree, the attending doctor shall ascertain the position from the health insurance card. The foregoing does not apply to urgent cases. 2 The doctor shall comply with the patient decree unless it violates statutory regulations or there is reasonable doubt that it is based on the patient's free will or still corresponds to his or her presumed will. 3 The doctor shall make a note in the patient records of any reasons why the patient decree was not complied with.
D. Intervention by the adult protection authority
Art. 373
1 Any person closely related to the patient may contact the adult protection authority in writing and claim that: 1. the patient decree is not being complied with; 2. the interests of the patient are being endangered or no longer safeguarded; 3. the patient decree is not based on the patient's free will. 2 The provision on intervention by the adult protection authority in the case of an advance care directive applies mutatis mutandis.
Section Two: Statutory Measures for Persons lackin
Sub-Section One:Representation by the Spouse or Re
A. Requirements for and extent of the right to act
Art. 374
1 Any person who as spouse or registered partner cohabits with a person who is no longer capable of judgement or who regularly and personally provides that person with support has a statutory right to act as that person's representative if there is no advance care directive and no deputy has been appointed. 2 The right to act as representative includes: 1. all legal acts that are normally required to meet the need for support; 2. due management of income and other assets; and 3. the right to open and deal with post, if necessary. 3 For legal acts involving exceptional asset management, the spouse or the registered partner must obtain the consent of the adult protection authority.
B. Exercise of the right to act as representative
Art. 375
The exercise of the right to act as representative is governed by the provisions of the Code of Obligations on agency contracts mutatis mutandis.
SR 220
C. Intervention by the adult protection authority
Art. 376
1 If there is any doubt as to whether the requirements for representation are met, the adult protection authority shall decide on the right to act as representative and if required shall provide the spouse or the registered partner with a document stating his or her powers. 2 If the interests of the person lacking capacity of judgement are endangered or no longer safeguarded, the adult protection authority shall at the request of a closely associated person or ex officio revoke the power of the spouse or registered partner to act as representative partly or fully and shall appoint a deputy.
Sub-Section Two:Representation in relation to Medi
A. Treatment plan
Art. 377
1 If a person lacking capacity of judgement has not given instructions on treatment in a patient decree, the attending doctor shall plan the required treatment in consultation with the person entitled to act as representative in relation to medical procedures. 2 The doctor shall inform the representative about all the important aspects of the planned medical procedures, and in particular about the reasons therefor, their purpose, form, methods, risks, side effects and costs, the consequences of not carrying out the treatment and any alternative treatment options. 3 If possible, the person lacking capacity of judgement shall also be involved in making the decision. 4 The treatment plan shall be adapted to pending developments.
B. The representative
Art. 378
1 The following persons are entitled in the following order to represent the person lacking capacity of judgement and to grant or refuse consent to the planned out-patient or in-patient measures: 1. a person appointed in a patient decree or in an advance care directive; 2. a deputy with a right to act as representative in relation to medical procedures; 3. any person who as a spouse or registered partner cohabits with the person lacking capacity of judgement or who regularly and personally provides him or her with support; 4. any person who cohabits with the person lacking capacity of judgement and who regularly and personally provides him or her with support; 5. children and descendants who regularly and personally provide the person lacking capacity of judgement with support; 6. the parents, if they regularly and personally provide the person lacking capacity of judgement with support; 7. siblings, if they regularly and personally provide the person lacking capacity of judgement with
C. Urgent cases
Art. 379
In urgent cases, the doctor may carry out medical procedures according to the presumed wishes and interests of the person lacking capacity of judgement.
D. Treatment of a mental disorder
Art. 380
The treatment of a mental disorder of a person lacking capacity of judgement in a psychiatric hospital is governed by the provisions on care-related hospitalisation.
E. Intervention by the adult protection authority
Art. 381
1 The adult protection authority shall establish a representative deputyship if there is no representative available or the representative does not wish to exercise the right to act. 2 It shall appoint a representative or establish a representative deputyship if: 1. it is unclear who has a right to act as representative 2. the persons with a right to act as representative are unable to agree; or 3. the interests of the person lacking capacity of judgement are endangered or no longer safeguarded. 3 It shall act at the request of the doctor, another closely associated person or ex officio.
Sub-Section Three:Stays in Residential or Care Ins
A. Care agreement
Art. 382
1 If a person lacking capacity of judgement is cared for in a residential or nursing institution for a longer period, a written care agreement must be drawn up to regulate the services that the institution provides and the costs thereof. 2 In determining the services provided by the institution, account must be taken of the wishes of the person concerned as far as possible. 3 Responsibility for representing the person lacking capacity of judgement in concluding, amending or terminating the care agreement is governed mutatis mutandis by the provisions on representation relating to medical procedures.
B. Restriction of freedom of movement
I. Requirements
Art. 383
1 The residential or nursing institution may restrict the freedom of movement of the person lacking capacity of judgement only if less stringent measures are clearly insufficient or prove to be so and the measure serves to: 1. prevent serious danger to the life or physical integrity of the client or third parties; or 2. remedy serious disruption to life in and around the institution. 2 Before his or her freedom of movement is restricted, it shall be explained to the person concerned what is happening, why the measure has been ordered, how long it will probably last and who will be responsible for the person concerned during this period. The foregoing does not apply in emergencies. 3 An order to restrict freedom of movement shall be revoked as soon as possible and in every case reviewed regularly to ascertain whether it is still required.
II. Records and Information
Art. 384
1 A record shall be kept of any measure restricting freedom of movement. This shall contain in particular the names of the person ordering the measure, the purpose, the nature and the duration the measure. 2 The representative in relation to medical procedures shall be notified of the measure restricting freedom of movement and may inspect the record at any time. 3 The persons supervising the residential or nursing institution shall also have a right to inspect the record.
III. Intervention by the adult protection authorit
Art. 385
1 The person concerned or a closely related person may submit a written request at any time for the adult protection authority at the location of the institution to intervene in relation to a measure restricting freedom of movement. 2 If the adult protection authority establishes that the measure fails to meet the statutory requirements, it shall amend the measure, revoke it or order an official adult protection measure. If necessary, it shall notify the institution's supervisory authority. 3 Any request for an assessment to be made by the adult protection authority shall be passed on to the authority immediately.
C. Protection of privacy
Art. 386
1 The residential or nursing institution shall protect the privacy of a person lacking capacity of judgement and where possible encourage contacts with persons outside the institution. 2 If no one outside the institution expresses an interest in the client, the residential or nursing institution shall notify the adult protection authority. 3 The freedom to choose one's doctor shall be respected unless there is good cause for not doing so.
D. Supervision of residential and care institution
Art. 387
The cantons shall make residential and care institution in which person lacking capacity of judgement are cared for subject to supervision, unless federal regulations already guarantee supervision.
Title Eleven: Official Measures
Section One: General Principles
A. Aim
Art. 388
1 Official adult protection measures shall aim to secure the best interests and protection of persons in need. 2 Where possible, they should preserve and encourage the independence of the persons concerned.
B. Subsidiarity and proportionality
Art. 389
1 The adult protection authority shall order a measure if: 1. support for the person in need offered by his or her family, other closely related persons or private or public services is or proves to be insufficient; 2. where the person in need is no longer capable of judgement, he or she has failed to make any or sufficient arrangements for his or her own care and the statutory measures are insufficient. 2 Any official measure must be necessary and suitable.
Section Two: The Deputyship
Sub-Section One: General Provisions
A. Requirements
Art. 390
1 The adult protection authority shall establish a deputyship if an adult: 1. due to a learning disability, a mental disorder or a similar inherent debility is wholly or partially unable to manage his or her own affairs; 2. due to a temporary loss of the capacity of judgement or temporary absence is neither able to take care of matters that must be dealt with, nor has appointed a representative. 2 Account must be taken of the burden on and the protection of family members and third parties. 3 The deputyship shall be established at the request of the person concerned (the client) or a closely associated person or ex officio.
B. Scope of responsibilities
Art. 391
1 The adult protection authority shall define the scope of the deputyship's responsibilities according to the needs of the client. 2 The scope of responsibilities shall relate to personal care, the management of his or her assets or legal matters. 3 Without the consent of the client, the deputy may only open his or her post or enter his or her residence if the adult protection authority has expressly granted the power to do so.
C. Dispensing with a deputyship
Art. 392
If establishing a deputyship is clearly a disproportionate measure due the extent of the work involved, the adult protection authority may: 1. do what is required itself, and in particular consent to a transaction; 2. instruct third parties to carry out individual tasks; or 3. designate a suitable person or agency that must be consulted and informed on specific matters.
Sub-Section Two: Types of Deputyship
A. Assistance deputyship
Art. 393
1 An assistance deputyship is established with the consent of the person in need if he or she needs assistance in order to deal with certain matters. 2 The assistance deputyship does not limit the capacity of the client to act.
B. Representative deputyship
I. In general
Art. 394
1 A representative deputyship is established if the person in need is unable to deal with certain matters and therefore must be represented. 2 The adult protection authority may limit the capacity of the client to act accordingly. 3 Even if his or her capacity to act has not been limited, the client is bound by the acts of the deputy.
II. Asset management
Art. 395
1 If the adult protection authority establishes a representative deputyship to manage assets, it shall specify the assets to be managed by the deputy. It may make all or part of the income, all or part of the capital or all or part of the income and capital subject to the deputy's management. 2 The management powers also cover savings from the managed income or the revenue from the managed capital unless the adult protection authority provides otherwise. 3 Without limiting the capacity of the client to act, the adult protection authority may prohibit him or her from accessing individual assets. 4 …
Para. 4 — Repealed by No I of the FA of 16 Dec. 2016 (Notification of Adult Protection Measures), with effect from 1 Jan. 2024 (AS 2023 84; BBl 2016 5161, 5175).
C. Advisory deputyship
Art. 396
1 An advisory deputyship shall be established if the client requires for his or her own protection that certain acts be made subject to the consent of the deputy. 2 The client's capacity to act shall thus be limited accordingly by law.
D. Combination of deputyships
Art. 397
Assistance, representative and advisory deputyships may be combined with each other.
E. General deputyship
Art. 398
1 A general deputyship is established if a person, in particular due to permanent loss of capacity of judgement, is in particular need. 2 It covers all aspects of personal care, management of assets and legal matters. 3 The client's capacity to act is revoked by law.
Sub-Section Three: End of the Deputyship
Art. 399
1 The deputyship ends by law on the death of the client. 2 The adult protection authority shall terminate a deputyship at the request of the client or of a closely associated person or ex officio as soon as there is no reason for it to continue.
Sub-Section Four: The Deputy
A. Appointment
I. General requirements
Art. 400
1 The adult protection authority shall appoint as deputy a natural person who has the personal aptitude and knowledge to carry out the planned tasks, who has the time required to do so and who can carry out the tasks in person. Where circumstances require, it may appoint two or more persons. 2 The person may only be appointed with their consent. 3 The adult protection authority shall ensure that the deputy receives the instructions, advice and support that he or she requires
Para. 2 — Inserted by No I 1 of the FA of 29 Sept. 2017, in force since 1 Jan. 2019 (AS 2018 2801; BBl 2017 1811 3205).
II. Wishes of the client or his or her closely ass
Art. 401
1 If the client proposes someone as his or her deputy, the adult protection authority shall agree to the proposal provided the person proposed is suitable and is prepared to accept the deputyship 2 It shall if possible take account of the wishes of family members or other closely associated persons. 3 If the client rejects a specific person as the deputy, the adult protection authority shall respect this wish provided it is reasonable.
III. Appointment of two or more persons
Art. 402
1 If the adult protection authority appoints two or more persons as deputies, it shall specify whether their tasks should be carried out jointly or who is responsible for which tasks. 2 Two or more deputies may be required to carry out their tasks jointly only if they agree to do so.
B. Incapacity and conflict of interests
Art. 403
1 If the deputy is unable to act or if the deputy's interests conflict with those of the client, the adult protection authority shall appoint a substitute deputy or regulate the matter itself. 2 In the event of a conflict of interests, the powers of the deputy cease to apply by law in the relevant matter.
C. Remuneration and expenses
Art. 404
1 The deputy is entitled to appropriate remuneration and to the reimbursement of necessary expenses from the assets of the client. In the case of professional deputies, the remuneration is paid and expenses reimbursed by the employer. 2 The adult protection authority determines the level of remuneration. It takes account in particular of the extent and the complexity of the tasks assigned to the deputy. 3 The cantons shall issue implementing provisions and rules on remuneration and reimbursing expenses if they cannot be paid out of the assets of the client.
Sub-Section Five: Deputyship Tasks
A. Assumption of office
Art. 405
1 The deputy shall obtain the information required to fulfil his or her tasks and shall make personal contact with the client. 2 If the deputyship involves asset management, the deputy shall immediately make an inventory of the assets to be managed in cooperation with the adult protection authority. 3 If justified in the circumstances, the adult protection authority may order a public inventory to be made. This has the same effect for creditors as a public inventory under the law of succession. 4 Third parties are obliged to provide all the information required for the inventory to be made.
B. Relationship with the client
Art. 406
1 The deputy shall carry out his or her tasks in the interests of the client, take account of the client's opinions, where possible, and respect the client's desire to organise his or her life in a way that corresponds to his or her abilities and accords with his or her wishes and ideas. 2 The deputy shall try to develop a relationship of mutual trust with the client and to prevent any deterioration in the client's debility or to reduce the effect thereof.
C. Client's autonomy
Art. 407
Even if his or her capacity to act has been revoked, a client who is capable of judgement may through his or her own acts establish rights and obligations under the law of persons, and exercise strictly personal rights.
D. Asset management
I. Tasks
Art. 408
1 The deputy shall manage the assets with due care and carry out all the legal acts connected with their management. 2 In particular the deputy may: 1. accept payments due to the client by third parties thus discharging their obligations; 2. pay debts where appropriate; 3. represent the client in attending to his or her everyday needs, if necessary. 3 The Federal Council shall issue provisions on the investment and safe custody of assets.
II. Personal allowance
Art. 409
The deputy shall provide the client with an allowance from the client's assets which the client is free to spend.
III. Accounts
Art. 410
1 The deputy shall keep accounts and submit them to the adult protection authority for approval at regular intervals specified by the authority, and at least every two years. 2 The deputy shall explain the accounts to the client and provide him or her with a copy on request.
E. Reporting
Art. 411
1 The deputy shall submit a report on the client's situation and the deputyship to the adult protection authority as often as necessary, but at least every two years. 2 The deputy shall if possible consult the client when preparing the report and provide the client with a copy request.
F. Special transactions
Art. 412
1 The deputy may not provide any financial guarantees, establish any foundations or make gifts on behalf of the client, with the exception of customary occasional gifts. 2 Assets that are of special value to the client or his or her family shall not be disposed of if possible.
G. Duties of care and confidentiality
Art. 413
1 In fulfilling his or her tasks, the deputy shall have the same duty of care as an agent under the provisions of the Code of Obligations. 2 The deputyship is subject to a duty of confidentiality unless this is contrary to overriding interests. 3 Third parties must be notified of the existence of the deputyship provided this is required for the deputy to duly fulfil his or her tasks.
Para. 1 — SR 220
H. Amendment of conditions
Art. 414
The deputy shall notify the adult protection authority immediately of any circumstances that require the measure to be amended or make the termination of the deputyship possible.
Sub-Section Six:Role of the Adult Protection Autho
A. Examination of accounts and report
Art. 415
1 The adult protection authority shall examine the accounts and grant or refuse approval thereof; if necessary, they shall require the accounts to be corrected. 2 It shall examine the report and, if necessary, require it to be amended. 3 If necessary, it shall take measures to safeguard the interests of the client appropriately.
B. Transactions requiring consent
I. By law
Art. 416
1 The consent of the adult protection authority is required before the deputy may carry out any of the following transactions on behalf of the client: 1. liquidation of the household, terminating the lease on a dwelling where the client lives; 2. long-term contracts for the client's accommodation; 3. acceptance or renunciation of a inheritance if an express declaration is required therefor, as well as contracts of succession and contracts dividing an estate; 4. the acquisition, sale, pledge and other burdening of immovable property and the construction of buildings that goes beyond ordinary administrative activities; 5. the acquisition, sale and pledge of other assets and the creation of a usufruct where such transactions do not fall under the conduct of ordinary administration and management; 6. the acceptance and granting of substantial loans, entering into bill-of-exchange-related liabilities; 7. life annuity and lifetime maintenance agreements as well as life assurance, provided th
II. By order
Art. 417
The adult protection authority may for good cause order that other transactions should require its consent.
III. Lack of consent
Art. 418
If a transaction has been entered into without the required consent of the adult protection authority, this shall only affect the client to the extent provided for under the provisions of the law of persons on lack of consent from a legal representative.
Sub-Section Seven:Intervention by the Adult Protec
Art. 419
The client, a closely related person or any person with a legitimate interest may call on the adult protection authority to intervene in relation to acts or omissions by the deputy or by a third party or agency to which the adult protection authority has issued an assignment.
Sub-Section Eight:Special Provisions for Family Me
Art. 420
If the client's spouse, registered partner, parents, issue, sibling, or de facto life partner is appointed deputy, the adult protection authority may wholly or partly absolve the deputy of the obligations to prepare an inventory, submit regular reports and accounts, and obtain consent for specific transaction if this is justified by the circumstances.
Sub-Section Nine:Termination of the Office of Depu
A. By law
Art. 421
The office of deputy terminates by law: 1. on expiry of a term of office set by the adult protection authority, unless the deputy is confirmed in office; 2. with the end of the deputyship; 3. with termination of employment as a professional deputy; 4. in the event that the deputy is made subject to a deputyship, becomes incapable of judgement, or dies.
B. Discharge
I. At the deputy's request
Art. 422
1 The deputy may request to be discharged at the earliest after serving a term of four years. 2 Prior to this, the deputy may request to be discharged for good cause.
II. Other cases
Art. 423
1 The adult protection authority shall discharge the deputy if: 1. he or she is no longer suitable to carry out the tasks; 2. there is other good cause for his or her discharge. 2 The client or a closely associated person may request that the deputy be discharged.
C. Continuation of transactions
Art. 424
The deputy must continue with transactions that cannot be postponed until a successor takes over office, unless the adult protection authority orders otherwise. This provision does not apply to a professional deputy.
D. Final report and final accounts
Art. 425
1 When the term of office ends, the deputy shall submit a final report to the adult protection authority and if applicable file the final accounts. The adult protection authority may waive this requirement for professional deputies if the employment relationship ends. 2 The adult protection authority shall examine and approve the final report and the final accounts in the same way as the regular reports and accounts. 3 It shall pass on the final report and final accounts to the client or his or her heirs and if applicable to the new deputy and shall at the same time draw the attention of these persons to the provisions on accountability. 4 It shall also inform them whether it exonerated the deputy or refused to approve the final report or the final accounts.
Section Three: Care-Related Hospitalisation
A. The measures
I. Hospitalisation for treatment or care
Art. 426
1 A person suffering from a mental disorder or mental disability or serious neglect (the patient) may be committed to an appropriate institution if the required treatment or care cannot be provided otherwise. 2 The burden that the patient places on family members and third parties and their protection must be taken into account. 3 The patient shall be discharged as soon as the requirements for hospitalisation no longer are fulfilled. 4 The patient or a closely related person may request his or her discharge at any time. A decision must be made on the request immediately.
II. Detention of persons admitted voluntarily
Art. 427
1 If a person suffering from a mental disorder who has entered an institution voluntarily wishes to leave the institution, he or she may be detained by the institution's medical management for a maximum of three days if he or she: 1. is a risk to his or her own life or limb; or 2. is a serious risk to the life or the physical integrity of others. 2 At the end of the three-day period, the patient may leave the institution unless he or she is subject to an enforceable hospitalisation order. 3 The patient shall be notified in writing that he or she may petition the court.
B. Responsibility for hospitalisation and discharg
I. Adult protection authority
Art. 428
1 The adult protection authority is responsible for ordering hospitalisation and discharge. 2 In specific cases, it may delegate responsibility for discharge to the institution.
II. Doctors
1. Responsibility
Art. 429
1 The cantons may designate doctors who in addition to the adult protection authority are authorised to order hospitalisation for a period specified by cantonal law. The period may not exceed six weeks. 2 Hospitalisation may not continue beyond the specified period at the latest unless an enforceable hospitalisation order from the adult protection authority applies. 3 The institution decides on discharge.
2. Procedures
Art. 430
1 The doctor shall examine and interview the patient in person. 2 The hospitalisation order shall contain at least the following information: 1. the place and date of the examination; 2. the name of the doctor; 3. the diagnosis, reasons therefor and the purpose of hospitalisation; 4. instructions on rights of appeal. 3 An appeal does not have suspensive effect unless the doctor or the competent court orders otherwise. 4 A copy of the hospitalisation order shall be given to the patient; a further copy shall be given to the institution on the patient's admission. 5 The doctor shall, if possible, notify a person closely related to the patient in writing on his or her committal and on the rights of appeal.
C. Regular review
Art. 431
1 The adult protection authority shall conduct a review at the latest six months after hospitalisation of whether the requirements for hospitalisation are still being met and whether the institution is still suitable. 2 It shall conduct a second review within the following six months. Thereafter it shall conduct a review as often as necessary, but at least once every year.
D. Authorised representative
Art. 432
Any person committed to an institution may appoint a person that he or she trusts as a representative to support him or her during his or her stay and until the conclusion of all related procedures.
E. Medical measures in the case of a mental disord
I. Treatment plan
Art. 433
1 If a person is committed to an institution to be treated for a mental disorder, the attending doctor shall draw up written treatment plan in consultation with the patient and if applicable his or her authorised representative. 2 The doctor shall inform the patient and the authorised representative of all matters relevant to the planned medical procedures, and in particular the reasons therefor, their purpose, nature, modalities, risks and side effects, of the consequences of not undergoing treatment and of any alternative treatment options. 3 The treatment plan shall be given to the patient so that he or she may consent. Where the patient is incapable of judgement, account must be taken of any patient decree. 4 The treatment plan is adjusted to take account of pending developments.
II. Treatment without consent
Art. 434
1 In the absence of the patient's consent, the chief physician in the department may order in writing the medical procedures planned in the treatment plan if: 1. failure to carry out the treatment could lead to serious damage to the patient's health or seriously endanger the life or the physical integrity of third parties; 2. the patient is unable to exercise judgement in relation to his or her need for treatment; and 3. no appropriate measure is available that is less invasive. 2 Written notice of the order shall be given to the patient and his or her authorised representative together with instructions on rights of appeal.
III. Emergencies
Art. 435
1 In an emergency, essential medical procedures may be carried out immediately to protect the patient or third parties. 2 If the institution is aware how the person wishes to be treated, it shall take account of those wishes.
IV. Pre-discharge interview
Art. 436
1 If there is a risk that the medical condition will recur, the attending doctor shall attempt to agree with the client before discharge on principles for treatment in the event that the patient is committed to the institution again. 2 The pre-discharge interview must be documented.
V. Cantonal law
Art. 437
1 The cantons shall regulate follow-up care. 2 They may provide for out-patient measures.
F. Measures restricting freedom of movement
Art. 438
Measures restricting the patient's freedom of movement in the institution are governed by the provisions on restricting the freedom of movement of patients in residential or care institutions mutatis mutandis. The right to appeal to the court is reserved.
G. Petition to the court
Art. 439
1 In the following cases, the patient or a closely related person may petition the competent court in writing: 1. in cases of hospitalisation ordered by a doctor; 2. in cases where the patient is detained by the institution; 3. in cases where a request for discharge is refused by the institution; 4. in cases where a mental disorder is treated without consent; 5. in cases of measures restricting freedom of movement. 2 The deadline for appealing to the court is ten days from the date on which notice of the decision is given. In the case of measures restricting freedom of movement, an appeal may be made to the court at any time. 3 The procedure is governed mutatis mutandis by the provisions on proceedings before a judicial appellate authority. 4 An application for judicial assessment must be passed on to the competent court immediately.
Title Twelve: Organisation
Section One: Authorities and Local Jurisdiction
A. Adult protection authority
Art. 440
1 The adult protection authority is a specialist authority. It is appointed by the cantons. 2 It has a quorum of three members for taking decisions. The cantons may provide for exceptions for specific matters. 3 It also carries out the tasks of the child protection authority.
B. Supervisory authority
Art. 441
1 The cantons shall appoint the supervisory authorities. 2 The Federal Council may issue provisions on supervision.
C. Local jurisdiction
Art. 442
1 The adult protection authority at the place of residence of the client has jurisdiction. In pending proceedings, the same authority retains jurisdiction until the case has been concluded. 2 In urgent cases, the authority where the client is actually residing has jurisdiction. If this authority carries out a measure, it shall notify the authority in the client's normal place of residence. 3 In the case of a deputyship due to absence, the authority at the place where the majority of the assets have been managed or have been transferred to the client has jurisdiction. 4 The cantons are entitled to declare the authority in the client's place of origin rather than place of residence to have jurisdiction over citizens of the canton who are resident in the canton, provide the commune of origin is wholly or partly responsible for supporting persons in need. 5 If a person subject to a measure changes place of residence, the authority at the new place shall take responsibility for the measure
Section Two: Procedure
Sub-section One:Before the Adult Protection Author
A. Notification rights and obligations
Art. 443
1 Any person may notify the adult protection authority if a person appears to be in need of assistance. The provisions on professional confidentiality are reserved. 2 Any person who while acting in an official capacity learns that a person needs assistance and is unable to provide this assistance in the context of their professional activities is required to notify the adult protection authority. The provisions on professional confidentiality remain reserved. 3 The cantons may provide for further notification obligations.
Para. 2 — Inserted by No I of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431). Para. 3 — Inserted by No I of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).
B. Verification of jurisdiction
Art. 444
1 The adult protection authority shall verify its jurisdiction ex officio. 2 If it decides that it has no jurisdiction, it shall assign the case immediately to the authority that it regards as having jurisdiction. 3 If it is uncertain as to whether it has jurisdiction, it shall consult the authority that it believes may have jurisdiction. 4 If no agreement is reached after consultation, the authority originally involved shall refer the question of jurisdiction to the appellate authority.
C. Precautionary measures
Art. 445
1 The adult protection authority shall at the request of a person participating in the proceedings or ex officio take all the precautionary measures required for the duration of the proceedings. It may in particular order an adult protection measure as a precautionary measure. 2 In cases of particular urgency, it may take precautionary measures immediately without hearing the persons participating in the proceedings. At the same time, it shall give these persons the opportunity to express their views, after which it shall review its decision. 3 An appeal against precautionary measures may be filed within ten days of notice thereof being given.
D. Procedural principles
Art. 446
1 The adult protection authority investigates the circumstances of the case ex officio. 2 It shall conduct the required enquiries and gather the required evidence. It may instruct a suitable person or agency to carry out enquiries. If necessary, it shall commission an opinion from an expert. 3 It is not limited by the requests made by the persons participating in the proceedings. 4 It shall apply the law ex officio.
E. Hearing
Art. 447
1 The client shall be heard in person unless to do so appears inappropriate. 2 In a case involving care-related hospitalisation, the adult protection authority shall normally hear the client normally as a panel.
F. Obligations to cooperate and administrative ass
Art. 448
1 The persons participating in the proceedings and third parties are obliged to cooperate in the enquiries into the circumstances. The adult protection authority shall make the arrangements required to safeguard legitimate interests. If necessary, it shall order the enforcement of the duty to cooperate. 2 Doctors, dentists, pharmacists, midwives and birth assistants, chiropractors and psychologists and their auxiliary personnel are only obliged to cooperate if the person entitled to confidentiality has authorised them to do so or if a superior authority or the supervisory authority has relieved them of the obligation of professional confidentiality at their own request or at the request of the adult protection authority. 3 Members of the clergy, lawyers, defence agents, mediators and former welfare deputies appointed in the case are not subject to the obligation to cooperate. 4 Administrative authorities and courts shall hand over the required files, draw up reports and provide informa
Para. 2 — Amended by No I of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).
G. Assessment in an institution
Art. 449
1 If a psychiatric assessment is essential and cannot be carried out on an out-patient basis, the adult protection authority shall have the client admitted to a suitable institution for assessment. 2 The provisions on the procedure for care-related hospitalisation apply mutatis mutandis.
H. Appointment of a representative
Art. 449a
If necessary, the adult protection authority shall order that the client be represented and appoint a person experienced in care-related and legal matters as deputy.
I. Inspection of files
Art. 449b
1 The persons participating in the proceedings have the right to inspect the case files, unless legitimate interests require otherwise. 2 If a person participating in the proceedings is refused access to any case files, the information therein may only be used in the proceedings if the authority discloses the content relevant to the case verbally or in writing to the person concerned.
J. Notification duty
Art. 449c
1 The adult protection authority shall immediately notify the following authorities of its decisions relating to ordering, amending or revoking measures as soon as such decisions are enforceable: 1. the civil register office if: a. the adult protection authority has made a person subject to a general deputyship, b. the adult protection authority has issued an order that makes the consent of the legal representative in accordance with Article 260 paragraph 2 necessary, or c. an advance care directive has become effective for a person permanently lacking capacity of judgement; 2. the commune of residence if: a. the adult protection authority has made a person subject to a deputyship, or b. an advance care directive has become effective for a person permanently lacking capacity of judgment; 3. the debt enforcement office at the domicile of the person concerned if: a. the adult protection authority has established a guardianship or a deputyship for a minor in accordance with Article 325, b
Art. 449c — Amended by No I of the FA of 16 Dec. 2016 (Notification of Adult Protection Measures), in force since 1 Jan. 2024 (AS 2023 84; BBl 2016 5161, 5175). Para. 1 let. 4 — SR 143.1
Sub-section Two: Before the Appellate Authority
A. Object and right of appeal
Art. 450
1 Decisions of the adult protection authority are subject to a right of appeal to the competent court. 2 The following persons have a right of appeal: 1. persons participating in the proceedings; 2. persons closely associated with the client; 3. persons with a legitimate interest in the contested decision being reversed or amended. 3 The appeal must be filed with the court in writing and with a statement of the grounds.
B. Grounds of appeal
Art. 450a
1 The appeal may challenge: 1. an infringement of the law; 2. an incorrect or incomplete finding of legally relevant fact; 3. an inappropriate decision. 2 An appeal is also competent on the grounds of denial of justice or unjustified delay.
C. Deadline for filing the appeal
Art. 450b
1 The appeal must be filed within thirty days of notification of the decision. This deadline also applies to persons entitled to appeal who are not required to be notified of the decision. 2 In the case of a decision concerning care-related accommodation, the appeal must be filed within ten days of notification of the decision. 3 An appeal on the grounds of denial of justice or unjustified delay may be filed at any time.
D. Suspensive effect
Art. 450c
An appeal has suspensive effect unless the adult protection authority or the judicial appellate authority rules otherwise.
E. Consultation with the lower instance and recons
Art. 450d
1 The judicial appellate authority shall give the adult protection authority the opportunity to express its position. 2 Instead of submitting its views, the adult protection authority may reconsider its decision.
F. Special provisions in the case of care-related
Art. 450e
1 A statement of grounds is not required for an appeal against a decision relating to care-related hospitalisation. 2 The appeal does not have suspensive effect unless the adult protection authority or the judicial appellate authority rules otherwise. 3 In cases involving mental disorders, the decision must be based on the opinion of an expert. 4 The judicial appellate authority shall normally hear the client as a panel of judges. If necessary, it shall order that the client be represented and appoint a person experienced in care-related and legal matters as deputy. 5 Normally, it decides within five working days of the appeal being filed.
Sub-Section Three: Joint Provision
Art. 450f
In addition, the provisions of the Civil Procedure Ordinance apply mutatis mutandis, unless the cantons provide otherwise.
Sub-Section Four: Enforcement
Art. 450g
1 The adult protection authority shall enforce decisions on request or ex officio. 2 If the adult protection authority or the judicial appellate authority in the decision has already ordered compulsory enforcement measures, these may be enforced directly. 3 The person responsible for enforcement may enlist the help of the police if necessary. Normally a warning must be given before direct compulsory measures are applied.
Section Three: Relationship with Third parties and
A. Duty of confidentiality and information
Art. 451
1 The adult protection authority is subject to a duty of confidentiality in the absence of overriding interests. 2 Any person who shows a credible interest may request the adult protection authority to provide information on the existence and the effects of an adult protection measure. The Federal Council shall ensure that the relevant information is provided quickly in a simple and standardised form. It shall issue an ordinance to this end.
Para. 2 — Second and third sentences inserted by No I of the FA of 16 Dec. 2016 (Notification of Adult Protection Measures), in force since 1 Jan. 2024 (AS 2023 84; BBl 2016 5161, 5175).
B. Effect of the measures on third parties
Art. 452
1 An adult protection measure may be cited in opposition to third parties even if they are acting in good faith. 2 If the deputyship limits the capacity of the client to act, debtors must be notified that contractual performance only relieves them of their obligations payment if it is made to the deputy. Prior to notice being given, the deputyship may not be cited in opposition to debtors acting in good faith. 3 If a person subject to an adult protection measure induces other persons to accept his or her capacity to act in error, he or she is liable to them for any damage caused thereby.
C. Duty of cooperation
Art. 453
1 If there is a serious risk that a person in need will endanger himself or herself or commit a felony or misdemeanour that seriously damages another person physically or mentally or causes them material loss, the adult protection authority shall cooperate with the agencies concerned and the police. 2 In such cases, persons subject to official or professional confidentiality are entitled to notify the adult protection authority.
Section Four: Accountability
A. Principle
Art. 454
1 Any person who is injured by an unlawful act or omission related to official adult protection measures has the right to damages and, if justified by the seriousness of the injury, to satisfaction. 2 The same right applies if the adult protection authority or the supervisory authority behaves unlawfully in relation to other adult protection matters. 3 The canton is liable; the person suffering damage has no right to damages against the person who caused the damage. 4 The canton's right of recourse against the person that caused the damage is governed by the cantonal law.
B. Prescription
Art. 455
1 The right to claim damages or satisfaction prescribes in accordance with the provisions of the Code of Obligations on the law of tort. 2 If the person who caused the damage committed a criminal offence through his or her conduct, the right to claim damages or satisfaction prescribes at the earliest when the right to prosecute the offence prescribes. If the right to prosecute is no longer liable to prescription because a first instance criminal judgment has been issued, the right to claim damages or satisfaction prescribes at the earliest three years after notice of the judgment is given. 3 If the injury is related to the ordering or conduct of a long-term measure, the prescriptive period for a claim against the canton does not begin before the long-term measure ends or is continued by another canton.
Para. 1 — SR 220 Para. 1 — Amended by Annex No 3 of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235). Para. 2 — Amended by Annex No 3 of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).
C. Liability under agency law
Art. 456
The liability of a person entrusted with another's care as well as that of a spouse or registered partner of a person lacking capacity of judgement or of a representative in the case of medical measures, insofar as that person is not a welfare deputy is governed by the provisions of the Code of Obligations on agency.
SR 220