Swiss Civil Code (CC)
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).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter One: Application of Former and New Law
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. General provisions
I. General rule of non-retroactive effect
Art. 1
1 When this Code comes into force, the legal effects of circumstances which occurred previously remain subject to those provisions of federal or cantonal law which were applicable when the circumstances occurred.2 Accordingly, the legally binding nature and consequences of acts which took place before the commencement hereof remain subject to the law which was applicable at the time.3 However, circumstances occurring after the commencement hereof are subject to the new law, unless this Code provides otherwise.
II. Retroactive effect
1. Public policy and good morals
Art. 2
1 The provisions of this Code specifically enacted in the interests of public policy and good morals apply when it comes into force to all circumstances, unless this Code provides otherwise.2 Accordingly, provisions of the previous law which under the new law are deemed to contravene public policy and good morals cease to apply when the new law comes into force.
2. Relationships defined by law
Art. 3
When this Code comes into force, legal relationships whose content is defined by law irrespective of the will of the parties concerned are subject to the new law, even if previously such relationships were valid.
3. Non-vested rights
Art. 4
The legal effects of circumstances which occurred while the previous law was still in force and which enjoy no protection under the new law are subject to the latter once it has come into force.
B. Law of persons
I. Capacity to act
Art. 5
1 Capacity to act shall be assessed in all cases in accordance with the provisions of this Code.2 However, any person who has the capacity to act under the previous law when this Code comes into force but who would not have the capacity to act under the new law will also be recognised as having the capacity to act when this Code comes into force.
II. Presumed death
Art. 6
1 The declaration of presumed death becomes subject to the new law when this Code comes into force.2 When this Code comes into force, declarations of death or absence under the previous law have the same effects as a declaration of presumed death under the new law, but the consequences that have occurred under the previous law prior to this Code coming into force, such as succession or dissolution of marriage, remain valid.3 Proceedings pending when the new law comes into force shall be restarted in accordance with the provisions of this Code, taking account of the time that has elapsed, or, if requested by the parties, concluded in accordance with the previous procedure, respecting the previous deadlines.
IIa. Central civil register database
Art. 6a
1 The Federal Council regulates the transition from the former procedure for keeping the civil register to the electronic civil register.2 The Confederation assumes the capital investment costs up to an amount of 5 million francs.
Inserted by No 1 of the FA of 5 Oct. 2001 (Electronic civil register), in force since 1 July 2004 (AS 2004 2911; BBl 2001 1639).
III. Legal entities
1. In general
Amended by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791;BBl 2002 3148, 2004 3969).
Art. 6b
1 Associations of persons and institutions or foundations that had acquired legal personality under the previous law, retain their personality under the new law even where they would not acquire legal personality under the new law.2 Existing legal entities that require to be entered in the public register in accordance with this Code must register within five years of the commencement of the new law even if no provision was made for registration under the previous law and are no longer recognised as legal entities on expiry of this time limit.2bis Religious foundations and family foundation that are not entered in the commercial register when the Amendment of 12 December 2014 (Art. 52 para. 2) comes into force continue to be recognised as legal entities. They must be entered in the commercial register within five years of the Amendment coming into force. The Federal Council shall take the special circumstances of religious foundations into account when determining the requirements for
Originally Art. 6a. Previously Art. 7. Inserted by No I 1 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605).
1a. Associations that must be entered in the comme
Art. 6bbis
Existing associations in accordance with Article 61 paragraph 2 must meet the requirements specified in Articles 61a and 69 paragraph 2 within 18 months of the Amendment of 19 March 2021 coming into force. Existing associations in accordance with Article 61 paragraph 2 number 3 must also be entered in the commercial register within this period.
Inserted by Annex 1 No 1 of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451).
2. Accounting and auditors
Art. 6c
The provisions of the Amendment of 16 December 2005 relating to accounting and auditors apply from first financial year that begins on or after the commencement of this Code.
Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). AS 2007 4791; BBl 2002 3148, 2004 3969
3. Employee benefits schemes
Art. 6cbis
The competent supervisory authority may at the request of the board of trustees amend the objects of an employee benefits scheme in accordance with Article 89a paragraph 7 established before the Amendment of 14 June 2024 came into force, provided the amendment of the objects involves their extension to include benefits under Article 89a paragraph 8 number 4.
Inserted by No I of the FA of 14 June 2024 (Benefits from Employer-Sponsored Welfare Funds), in force since 1 Jan. 2025 (AS 2024 676; BBl 2023 2077, 2481).
IV. Protection of the individual against violence,
Art. 6d
The new law applies to proceedings that are already pending when the amendment of 14 December 2018 comes into force.
Inserted by No I 1 of the FA of 14 Dec. 2018 on Improving the Protection given to Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
C. Family law
I. Marriage
Art. 7
1 The new law applies to marriage as soon as the Federal Act of 26 June 1998 has come into force.2 Marriages subject to grounds for annulment under the previous law may, once the new law has come into force, only be annulled under the new law. However the period that has lapsed before this date will be taken into account in determining time limits.
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). AS 1999 1118; BBl 1996 I 1
Ibis. Annulment of marriages involving minors
Art. 7a
1 The new law applies to the annulment of marriages involving minors that were registered before the Amendment of 14 June 2024 came into force.2 If both spouses have reached 18 years of age when the new law comes into force, the grounds for nullity may be claimed only by the spouse who was a minor when the partnership was registered and had not yet reached 25 years of age when the action for annulment was filed.
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).
Iter. Divorce
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).
1. Principle
Art. 7abis
1 Divorce proceedings are governed by the new law as soon as the Federal Act of 26 June 1998 has come into force.2 Divorces that had taken full legal effect under the previous law remain valid; the new provisions on enforcement apply to periodic maintenance payments or lump sum settlement that are fixed as an alternative to maintenance or as a maintenance contribution.3 Any amendment of the divorce decree is carried out in accordance with the previous law with the exception of the provisions on children and procedural matters.
Originally: Art. 7a. 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). AS 1999 1118; BBl 1996 I 1
2. Pending divorce proceedings
Art. 7b
1 The new law applies to divorce proceedings that are pending on the commencement of the Federal Act of 26 June 1998 and which must be judged by a cantonal authority.2 New legal requests that are required due to the change in the applicable law are permitted; uncontested parts of the judgment remain binding, unless they are materially so closely connected with the requests that remain to be judged that it makes sense to reassess the entire case3 The Federal Supreme Court decides in accordance with the previous law in cases where the contested judgment was issued before the commencement of the Federal Act of 26 June 1998; this also applies if the case is referred back to the cantonal authority.
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). AS 1999 1118; BBl 1996 I 1
3. Period of separation for pending divorce procee
Art. 7c
For divorce proceedings that are pending on commencement of the Amendment of 19 December 2003 and must be judged by a cantonal authority, the period of separation under the new law applies.
Inserted by No I of the FA of 19 Dec. 2003 (Period of Separation under Divorce Law), in force since 1 June 2004 (AS 2004 2161; BBl 2003 3927 5825). AS 2004 2161
4. Occupational pension
Art. 7d
1 The new law on occupational pensions on divorce applies as soon as the amendment of 19 June 2015 comes into force.2 The new law applies to divorce cases pending before a cantonal court at the time when the amendment of 19 June 2015 comes into force.3 When the contested decision was made before the amendment of 19 June 2015 came into force, the Federal Supreme Court shall decide under previous law; this also applies when a case is referred back to the cantonal court.
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).
5. Conversion of existing pensions
Art. 7e
1 If on divorce under the previous law the court, when deciding on the equitable division of pensions, has awarded compensation to the entitled spouse in the form of a pension that terminates on the death of the liable or the entitled spouse, the entitled spouse may, within one year of the amendment of 19 June 2015 coming into force, demand that he or she be granted a life-long pension in accordance with Article 124a instead, should the liable spouse draw an old-age pension or an invalidity pension after the commencement of the statutory pension age. 2 In the case of decisions made abroad, jurisdiction is determined by Article 64 of the Federal Act of 18 December 1987 on International Private Law.3 Any pension payments already made under previous law are considered part of the pension awarded.
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). SR 291
Iter. Effects the marriage in general
1. Principle
Art. 8
For the effects of the marriage in general, the new law applies as soon as the Federal Act of 5 October 1984 has come into force.
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. Surname
Art. 8a
A spouse who changed his or her name on marriage before the amendment to this Code of 30 September 2011 came into force may declare to the civil registrar at any time that he or she wishes to use his or her name before marriage again.
Inserted by No I 2 of the FA of 5 Oct. 1984 (AS 1986 122 153 Art. 1; BBl 1979 II 1191). 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).
3. Citizenship
Art. 8b
A Swiss woman who married under the previous law may within one year of the new law coming into force declare to the competent authority of her former canton of origin that she wishes to retain the citizenship that she held as a single woman.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
II. Marital property law applicable to marriages c
For the application of the transitional law, see also the previous provisions of the Sixth Title at the end of the Civil Code.
Art. 9
The legal effects on marital property of marriages contracted before 1 January 1912 are governed by the provisions of the Civil Code on the application of the previous and new law that came into force on that day.
Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
IIbis. Marital property law applicable to marriage
See the provisions applicable until 31 Dec. 1987 at the end of this text.
1. In general
Art. 9a
1 The new law applies to marriages that exist when the Federal Act of 5 October 1984 comes into force, unless otherwise provided.2 The legal effects on marital property of marriages that were dissolved before the Federal Act of 5 October 1984 came into force are governed by the previous law.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
2. Change from a union of property to participatio
a. Change to the bodies of assets
Art. 9b
1 Spouses who have hitherto been subject to a union of property regime are now subject to the regulations on participation in acquired property in relation to each other and to third parties.2 The assets of each spouse become his or her own property or acquisitions in accordance with the regulations on participation in acquired property; separate property in terms of a marital agreement becomes personal assets.3 The wife reclaims the property she brought into the marriage that became her husband's property or makes a claim for compensation.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
b. Preferential right
Art. 9c
In the event of the husband's bankruptcy and the distraint of his assets, the previous provisions on the wife's right to compensation in respect of property that she has brought into the marriage and which is no longer available continue to apply for ten years after the new law comes into force.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
c. Division of marital property under the new law
Art. 9d
1 After the new law comes into force, the division of marital property between the spouses is governed for the entire duration of the previous and the new statutory marital property regime by the regulations on participation in acquired property, unless the spouses have completed the division of marital property in accordance with the provisions on union of property at the time when the new law comes into force.2 Before the new law comes into force, either spouse may give written notice to the other that the current marital property regime of union of property must be dissolved in accordance with the previous law.3 If the marital property regime is dissolved because an action filed before the new law comes into force is upheld, the division of marital property is governed by the previous law.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
3. Retention of the union of property regime
Art. 9e
1 Spouses subject to the statutory marital property regime of union of property who have not changed this marital property regime by marital agreement may by one year at the latest after the new law comes into force elect to retain the union of property regime by filing a joint written declaration with the marital property register office at their domicile; the marital property register office shall maintain a register of such declarations that anyone may inspect.2 The marital property regime may only be cited in opposition to a third party if that third party is or should be aware of it.3 The new regulations on the separation of property apply in future to the spouses' separate property.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
4. Retention of separation of property by operatio
Art. 9f
In the case of a separation of property established by operation of the law or by court order, the spouses are subject to the new provisions on the separation of property.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
4a. Marital property law applicable to same-sex ma
Art. 9g
1 In the case of same-sex married couple who were married abroad before the Amendment of 18 December 2020 came into full legal force, the statutory marital property regime of participation in acquired property applies retrospectively from the date of marriage, unless the couple agrees otherwise by marital agreement or property agreement.2 Before this Amendment comes into force in full, either spouse may give written notice to the other that the current marital property regime will be maintained in accordance with Article 18 of the Same-Sex Partnership Act of 18 June 2004 (SSPA) until the date of full entry into force.3 The current marital property regime in accordance with Article 18 SSPA shall also be retained if an action seeking to dissolve the marital property regime under Swiss law is pending when this Amendment comes into full legal force.4 The related ordinances shall provide that married couples who so wish shall be mentioned as husband and wife or as father and mother in relat
Inserted by No I of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 Jan. 2022, paras 1, 3 and 4 in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). SR 211.231
5. Marital agreement
a. In general
Art. 10
1 If the spouses have entered into a marital agreement in accordance with the Civil Code, this marital agreement continues to apply and their entire marital property regime continues to be governed by the previous law, subject to the reservation of the provisions of this Title on separate property, legal effect on third parties and the contractual separation of property.2 The new regulations on the separation of property apply in future to the spouses' separate property.3 Agreements on participation in a surplus or deficit in the case of a union of property regime must not adversely affect the right to claim the statutory entitlements of children who are not the common issue of the spouses or those of the issue of such children.
Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
b. Legal effect in relation to third parties
Art. 10a
1 The marital property regime may only be cited in opposition to a third party if that third party is or should be aware of it.2 If the marital property agreement has no legal effect in relation to third parties, the provisions on participation in acquired property apply from now on in relation to such parties.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
c. Application of the new law
Art. 10b
1 Spouses subject to a union of property regime who have changed this marital property regime by marital agreement may by one year at the latest after the new law comes into force elect to make their legal rights subject to the new statutory marital property regime of participation in acquired property by filing of a joint written declaration with marital property register office at their domicile.2 In this event, the contractual share of the surplus shall in future apply to the total amount of the surplus of both spouses, unless a marital property agreement provides otherwise.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
d. Contractual separation of property according to
Art. 10c
If the spouses agreed to a separation of property under the previous law, they are subject in future to the new provisions on the separation of property.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
e. Marital agreements concluded with a view to the
Art. 10d
Marital agreements concluded before the Federal Act of 5 October 1984 comes into force but which are intended to take effect only under the new law do not require the approval of the child protection authority.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
f. Register of marital property
Art. 10e
1 After the Federal Act of 5 October 1984 comes into force, no further entries will be made in the register of marital property.2 The right to inspect the register continues to apply.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
6. Repayment of debts in the case of separation of
Art. 11
If a separation of assets under the law of marital property in connection with the new law coming into force causes serious difficulties for a spouse who is liable to pay debts or the replace property that is due, he or she may request additional time to pay; the debt must be secured if this is justified by the circumstances.
Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
7. Protection of creditors
Art. 11a
If the marital property rights change when the Federal Act of 5 October 1984 comes into force, the provisions on the protection the creditors in the event of a change in the marital property regime govern liability.
Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
III. The parent-child relationship in general
Art. 12
1 As soon as this Code comes into force, the establishment and effects of the parent-child relationship are governed by the new law; the surname and the citizenship acquired under previous law are retained.2 Children who are subject to parental authority by operation of the new law but who are under guardianship when the new law comes into force must be placed under parental authority no later than one year after that date unless the contrary was ordered under the provisions on the withdrawal of parental of authority.3 A transfer or withdrawal of parental authority officially ordered under the previous law remains effective after the new law comes into force.4 When the Amendment of 21 June 2013 comes into force, if parental responsibility is assigned to only one parent, the other parent may within one year of this Amendment coming into force request the competent authority to order joint parental responsibility. Article 298b applies mutatis mutandis.5 A parent whose parental responsibi
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). 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). 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).
IIIbis. Adoption
1. Continuation of the previous law
Art. 12a
1 An adoption pronounced before the new provisions of the Federal Act of 30 June 1972 on the Amendment of the Swiss Civil Code come into force continues to be governed by the law that came into force on 1 January 1912; consents validly given in accordance with this law remain effective in every case.2 Persons who are not yet 20 years old when the Federal Act of 7 October 1994 comes into force may still be adopted in accordance with the provisions on minority after attaining majority provided the application is filed within two years of the Federal Act coming into force and of their 20th birthday.
Inserted by No I 3 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200). Art. 465 Civil Code in the version of 1 Jan. 1912: 1 An adoptive child and his or her issue have the same rights of succession in respect of the adoptive parents as the issue of their marriage. 2 Adoptive parents and their blood relatives have no rights of succession in respect of an adoptive child. Inserted by No I of the FA of 7 Oct. 1994, in force since 1 Jan. 1996 (AS 1995 1126; BBl 199
2. Pending proceedings
Art. 12b
The new law applies to adoption procedures pending at the time the amendment of 17 June 2016 comes into force.
Inserted by No I 3 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).
3. Application of the new law
Art. 12c
The provisions of the amendment of 17 June 2016 on the confidentiality of adoption information, on information about the biological parents and their direct descendants and on the possibility of arranging contact between the biological parents and the child also apply to adoptions which are granted prior to the amendment coming into force or which are pending at the time it comes into force.
Inserted by No I 3 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).
Art. 12cbis
Inserted by Annex No 2 of the FA of 22 June 2001 on the Hague Convention on Adoption and on Measures to Protect Children in International Adoption Cases (AS 2002 3988; BBl 1999 5795). Repealed by No I of the FA of 17 June 2016 (Adoption), with effect from 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
IIIter. Contesting a declaration of legitimacy
Art. 12d
The contesting of a declaration of legitimacy made under the previous law is governed by analogy by the provisions of the new laws on the contesting of recognition following the parents' marriage.
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).
IV. Paternity actions
1. Pending actions
Art. 13
1 Actions pending when the new law comes into force are judged in accordance with the new law.2 The effects until the new law comes into force are determined by the previous law.
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).
2. New actions
Art. 13a
1 If a pecuniary obligation on the father's part is established by court decision or by contract before the new law comes into force, and if the child has not yet reached the age of ten when the new law comes into force, the child may within two years bring an action under the provisions of the new law to have the parent-child relationship declared.2 If the Defendant proves that he or she is not the father or is less likely to be the father than another person, the right to claim future maintenance lapses.
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).
IVbis. Time limit for declaring or challenging the
Art. 13b
Any person who attains majority due to the Federal Act of 7 October 1994 coming into force may in any case file an action within one year to declare or challenge the parent-child relationship.
Inserted by No I of the FA of 7 Oct. 1994, in force since 1 Jan. 1996 (AS 1995 1126; BBl 1993 I 1169).
IVter. Maintenance contributions
1. Existing maintenance titles
2. Pending proceedings
Art. 13c
The child may apply for the revision of any maintenance payments set in an approved maintenance agreement or in a decision before the amendment of 20 March 2015 came into force. If they were set at the same time as maintenance payments to one of the parents, payments shall only be revised if there has been a substantial change in circumstances.Art. 13cbis 1 The new legislation applies to proceedings that are pending at the time of the amendment of 20 March 2015 coming into force.2 When the contested decision was made before the amendment of 20 March 2015 came into force, the Federal Supreme Court shall decide under the previous law; this also applies when a case is referred back to the cantonal court.
Inserted by No I of the FA of 7 Oct. 1994 (AS 1995 1126; BBl 1993 I 1169). 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). 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).
IVquater. Name of the child
Art. 13d
1 If after the amendment to this Code of 30 September 2011 comes into force the parents on the basis of a declaration under Article 8a of this Title no longer have the same surname, they may declare within one year of the new law coming into force that their children will take the surname before marriage of the parent who made the declaration.2 If the parental responsibility of a child of parents who are not married to each other is transferred to both parents or the father alone before the amendment to this Code of 30 September 2011 comes into force, the declaration provided for in Article 270a paragraphs 2 and 3 may be made within one year of the new law coming into force.3 In accordance with Article 270b, this shall be subject to the child's consent.
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).
V. Adult protection
1. Existing measures
Art. 14
1 The new law governs adult protection as soon as the Amendment of 19 December 2008 comes into force.2 Persons who have been made wards of court under the previous law shall be made subject to a general deputyship under the new law. The adult protection authority shall adapt to the new law as soon as possible. Unless the authority has decided otherwise in the case of extended parental responsibility, parents are exempt from the obligation to prepare an inventory, report and file accounts regularly and to obtain consent for certain transactions.3 Other measures ordered under the previous law cease to apply three years after the Amendment of 19 December 2008 comes into force unless the adult protection authority transforms them into a measure under the new law.4 Where a doctor based on Article 397b paragraph 2 in its version of 1 January 1981 ordered the care-related detention of a mentally ill person, this measure shall continue to apply. The relevant institution shall notify the adult
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). AS 2011 725 AS 1980 31
2. Pending proceedings
Art. 14a
1 Pending proceedings shall be continued by the new competent authority after the Amendment of 19 December 2008 comes into force.2 The new procedural law applies.3 The authority shall decide whether and to what extent the previous proceedings require to be amended.
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). AS 2011 725
D. Succession law
I. Heirs and succession
Art. 15
1 The succession rights and the related and inseparable effects on marital property under cantonal law of the death of a father, a mother or a spouse are determined, provided the deceased dies before this Code comes into force, by the previous law.2 The foregoing applies both to heirs and to succession.
II. Dispositions mortis causa
Art. 16
1 The making or revocation of a disposition mortis causa carried out before this Code comes into force, if done by a person subsequently deceased who had capacity of disposition under the law that applied at the time, may not be contested on the grounds that the deceased died following the commencement of the new law and would not have had capacity of disposition under its provisions.2 A disposition mortis causa may not be contested due to a formal defect if it complies with the provisions on form that applied when it was made or at the time of death.3 The contesting of a disposition on the grounds that the testator exceeded his or her testamentary freedom or due to the nature of the disposition is governed in the case of all dispositions mortis causa by the provisions of the new law if the deceased died after the commencement of this Code.
E. Property law
I. Rights in rem in general
Art. 17
1 Rights in rem existing when this Code comes into force continue to be recognised under the new law subject to the reservation of the regulations on the land register.2 However, the scope of rights of ownership and restricted rights in rem is subject to the new law after this Code comes into force unless the Code provides otherwise.3 Rights that can no longer be created under the new law remain subject to the previous law.
II. Right to entry in the land register
Art. 18
1 Rights to create a right in rem that were established before this Code comes into force are recognised as valid provided they correspond to the form required by the former or the new law.2 The ordinance on maintaining the land register determines what documentary proof is required for the registration of such rights.3 The scope of a right in rem established before this Code comes into force by a legal transaction remains recognised under the new law, provided it is compatible with the same.
III. Adverse possession
Art. 19
1 Adverse possession is governed by the new law after this Code comes into force.2 If however adverse possession recognised under the new law has begun under the previous law, the time that elapsed before this Code comes into force is taken into account in the calculating the period of adverse possession.
IV. Special rights of ownership
1. Trees on another person's land
Art. 20
1 Existing rights of ownership in relation to trees on another person's land continue to be recognised under cantonal law.2 The cantons shall have the power to limit or revoke these conditions.
Amended by No IV of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
2. Condominium
a. Original
Art. 20bis
Condominium governed by the former cantonal law is subject to the new provisions of this Code even if the storeys or parts of storeys are not divided into self-contained dwellings or business units.
Inserted by No IV of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
b. Converted
Art. 20ter
1 The cantons may also make condominium recorded in the land register in forms that accord with the law that came into force on 1 January 1912 subject to the new regulations on condominium.2 The new law becomes effective when the corresponding amendment is made to the entries in the land register.
Inserted by No IV of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
c. Correction of the land registers
Art. 20quater
In order to make the converted condominium subject to the new regulations and to register existing condominium, the cantons may order the correction of the land registers and issue special procedural regulations for this purpose.
Inserted by No IV of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
V. Easements
Art. 21
1 The easements created before this Code comes into force remain valid following the introduction of the land register even if not registered, but until registered may not be enforced against third parties acting in good faith.2 Obligations ancillary to easements that were established before the amendment of 11 December 2009 came into force and which are based solely on land register supporting documents may continue to be cited in opposition to third parties who rely on the land register in good faith.
AS 2011 4637 Inserted by No I 2 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
VI. Mortgage rights
1. Recognition of the existing document of title
Art. 22
1 Documents of title existing when this Code comes into force remain in force without having to be adapted to the new law.2 The cantons have the right to require new versions of existing documents of title to be drawn up on the basis of the new law within specific time limits.
2. Creation of liens
Art. 23
1 After this Code comes into force, new mortgage rights may only be created in the forms recognised herein.2 Until the introduction of the land register, the previous cantonal legal forms for their creation remain valid.
3. Repayment of securities
Art. 24
1 The repayment and modification the title, release from liability under a lien and suchlike are subject to the new provisions following the commencement of the new law.2 However, until the introduction of the land register, the forms are governed by cantonal law.
4. Extent of liability under the lien
Art. 25
1 In the case of all mortgage rights, the extent of liability under the lien is determined by the new law.2 However, if by virtue of a special agreement the creditor has validly received certain objects with the property pledged, the lien continues to apply to these objects even if they could not be pledged under the new law.
5. Rights and obligations from the mortgage
a. In general
Art. 26
1 The rights and obligations of the creditor and of the debtor in relation to the contractual effect of liens existing when this Code comes into force are governed by the previous law.2 In relation to effects that arise by operation of the law which cannot be modified contractually, the new law also applies to existing liens.3 If the lien applies to two or more parcels of land, liability under the lien continues to be governed by the previous law.
b. Rights to security
Art. 27
The rights of the lien creditor during the existing legal relationship, such as rights to security, and the rights of the debtor are governed by the new law in relation to all liens from the time at which this Code comes into force.
c. Termination, transfer
Art. 28
For liens existing when this Code comes into force, the termination of the secured debts and the transfer the document of title are governed by the previous law, subject to the reservation of the mandatory provisions of the new law.
6. Ranking
Art. 29
1 Until the introduction of the land register, the ranking of liens is governed by the previous law.2 Following the introduction of the land register, the ranking of creditors is governed by the land register law contained in this Code.
7. Ranking positions
Art. 30
1 In relation to a fixed ranking position or the right of a creditor to claim a vacant position or an advancement in ranking, the new law applies on the introduction of the land register and in every case from five years after this Code comes into force, subject to the reservation of creditors' existing special claims.2 The cantons may enact further transitional provisions.
Amended by No II 21 of the FA of 15 Dec. 1989 on the Approval of Cantonal Legislation by the Confederation, in force since 1 Feb. 1991 (AS 1991 362; BBl 1988 II 1333).
8. ...
Art. 31 and 32
Repealed by No I 2 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), with effect from 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
9. Equal status of previous forms of lien with tho
Art. 33
1 The cantonal implementing legislation may stipulate that in general or in a specific legal relationship a form of mortgage under the previous law shall be regarded as equivalent to a form of mortgage under the new law.2 If this occurs, the provisions of this Code also apply to such cantonal liens from the date on which the Code comes into force.3 ...
Repealed by No II 21 of the FA of 15 Dec. 1989 on the Approval of Cantonal Legislation by the Confederation (AS 1991 362; BBl 1988 II 1333).
10. Continued application of previous law to exist
Art. 33a
1 Land charge certificates and mortgage certificates issued in series remain recorded in the land register.2 They remain governed by the provisions of the previous law.3 Cantonal law may provide for the conversion of land charge certificates created under federal law or earlier law into forms of lien under the current law. Conversion may also involve the introduction of personal liability for the owner of the mortgaged property for minor sums.
Inserted by No I 2 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
11. Conversion the form of the mortgage certificat
Art. 33b
The landowner and the mortgage certificate creditors may jointly request in writing that a mortgage certificate on paper recorded before the amendment of 11 December 2009 comes into force be converted into a register mortgage certificate.
Inserted by No I 2 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). AS 2011 4637
VII. Charges on chattels
1. Provisions on form
Art. 34
1 From the date on which the Code comes into force, charges on chattels may only be created in the forms provided for herein.2 Where a charge on chattels has been created in another form before this time, it is extinguished after a period of six months which begins to run if the debt is due for payment from the date on which the new law comes into force and in other cases from the date on which it becomes due for payment or when termination is permitted.
2. Effect
Art. 35
1 The effects of the charge on chattels, the rights and obligations of the pledgee, of the pledger and of the pledge debtor are governed from the date on which this Code comes into force by the new law, even if the charge was created before that date.2 An agreement stipulating that the pledged chattel will become the property of the pledgee in the event of default on the part of the debtor that is concluded before this Code comes into force ceases to be valid from that date.
VIII. Special lien
Art. 36
1 A special lien under this Code also extends to objects that were subject to the power of disposal of the creditor before this Code comes into force.2 It may also be exercised by the creditors in respect of claims that originated before this date.3 The effect of special liens originating at an earlier date is subject to the provisions of this Code.
IX. Possession
Art. 37
When this Code comes into force, possession becomes subject to the new law.
X. Land register
1. Establishment of the land register
Art. 38
1 After consulting the cantons, the Federal Council shall draw up a plan for the introduction of the land register. It may delegate this responsibility to the competent department or office.2 ...
Amended by Annex No II of the FA of 5 Oct. 2007 on Geoinformation, in force since 1 July 2008 (AS 2008 2793; BBl 2006 7817). Repealed by Annex No II of the FA of 5 Oct. 2007 on Geoinformation, with effect from 1 July 2008 (AS 2008 2793; BBl 2006 7817).
2. Official cadastral survey
a. ...
Art. 39
Repealed by Annex No II of the FA of 5 Oct. 2007 on Geoinformation, with effect from 1 July 2008 (AS 2008 2793; BBl 2006 7817)
b. Relation to the land register
Art. 40
1 As a general rule, the surveying should precede the establishment of the land register.2 With consent of the Confederation, however, the land register may be established beforehand if adequate descriptions of the properties are available.
c. Time schedule
Art. 41
1 ...2 The surveying and the introduction of the land register may be carried out successively for the individual districts of a canton.
Repealed by Annex No II of the FA of 5 October 2007 on Geoinformation, with effect from 1 July 2008 (AS 2008 2793; BBl 2006 7817).
Art. 42
Repealed by Annex No II of the FA of 5 October 2007 on Geoinformation, with effect from 1 July 2008 (AS 2008 2793; BBl 2006 7817).
3. Registration of rights in rem
a. Procedure
Art. 43
1 On the introduction of the land register, rights in rem that already exist shall be recorded in the register.2 For this purpose, an announcement must be made to the public requesting them to give notice of and register these rights.3 Rights in rem registered under the previous law in public books shall, provided they may be created under the new law, be entered ex officio in the land register.
b. Consequences of non-registration
Art. 44
1 Rights in rem under the previous law that are not registered remain valid but may not be cited in opposition to third parties who rely in good faith on the land register.2 The Confederation or the cantons may however enact legislation to have all rights in rem that are not recorded in the land register declared invalid after a specific date subject to prior notice.3 Unregistered public law real burdens and statutory liens under cantonal law created before the amendment of 11 December 2009 comes into force may for a period of ten years from the date on which the amendment comes into force be cited in opposition to third parties who rely on the land register in good faith.
AS 2011 4637 Inserted by No I 2 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
4. Abolished rights
Art. 45
1 Rights in rem that may no longer be established under the land register law such as the ownership of trees on another person's land, liens on usufructs and suchlike are not recorded in the land register but must be noted in an appropriate manner.2 If such rights have lapsed for whatever reason, they may not be re-established.
Amended by No IV of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
5. Postponement in the introduction of the land re
Art. 46
1 The introduction of the land register in accordance with the provisions of this Code may be postponed by the cantons with the authorisation of the Federal Council provided the cantonal provisions on forms of notice, with or without amendments appear to be sufficient to guarantee the effects that the new law requires of the land register.2 The forms of notice under cantonal law that are intended to guarantee the effects required by the new law must be precisely specified.
6. Introduction of the property law before the lan
Art. 47
The property law under this Code in general comes into force even if the land registers have not been established.
7. Effect of cantonal forms
Art. 48
1 When the property law comes into force and before the introduction of the land register, the cantons may designate the procedures, such those for drawing up documents or registration in the registers for land, liens and servitudes, that will immediately have the effect of being recorded in the land register.2 Even without or before the introduction of the land register, it may be provided that these procedures have the same effect as being recorded in the land register in the case of the creation, transfer, modification and extinction of rights in rem.3 However, in the event that the land register itself is not introduced or another equivalent institution established, these procedures do not have the same effect as being recorded in the land register in relation to third parties relying thereon in good faith.
F. Prescription
Art. 49
1 Where the new law specifies a longer period than the previous law, the new law applies, provided prescription has not yet taken effect under the previous law.2 Where the new law specifies a shorter period, the previous law applies.3 The entry into force of the new law does not change the date on which an pending prescriptive period began, unless the law provides otherwise.4 Otherwise, the new law governs prescription from the time it comes into force.
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).
G. Forms of contract
Art. 50
Contracts concluded before this Code comes into force remain valid even if their form is not in accordance with the provisions of the new law.
Chapter Two: Introductory and Transitional Provisi
A. Repeal of cantonal civil law
Art. 51
On commencement of the Civil Code, cantonal civil law provisions are repealed unless federal law provides otherwise.
B. Supplementary cantonal provisions
I. Rights and duties of the cantons
Art. 52
1 The cantons shall enact the provisions required to supplement the Civil Code, including in particular those governing the competent authorities and the establishment of civil registries, guardianship authorities and land register offices.2 The cantons shall enact any such supplementary provisions as are required to implement the Civil Code and may do so provisionally in the form of ordinances.3 Cantonal provisions on register law require federal approval.4 Notice of cantonal provisions on other matters must be given to the Federal Office of Justice.
Presently the Adult protection authority (see Art. 440). Amended by No II 21 of the FA of 15 Dec. 1989 on Approval of Cantonal Decrees by the Confederation, in force since 1 Feb. 1991 (AS 1991 362; BBl 1988 II 1333). 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). Inserted by No II 21 of the FA of 15 Dec. 1989 on Approval of Cantonal Decrees by the Confederation, in force since 1 Feb.
II. Substitute ordinances
Art. 53
1 Where a canton has failed to enact the necessary provisions in time, the Federal Council shall provisionally enact substitute ordinances and notify the Federal Assembly.2 Where a canton refrains from exercising its powers in respect of matters for which supplementary legislation is not indispensable, the provisions of the Civil Code remain applicable.
C. Designation of competent authorities
Art. 54
1 Where the Civil Code makes reference to a competent authority, the cantons shall designate such authority, be it existing or yet to be created.2 Where the Civil Code does not make express reference to a court or an administrative authority, the cantons may designate either as the competent authority.3 Unless the Civil Procedure Code of 19 December 2008 applies, the cantons regulate proceedings.
SR 272 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).
D. Public deeds
I. In general
Amended by No I 2 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 55
1 The cantons shall regulate the manner in which public deeds are drawn up on their territory.2 They enact provisions for the drawing up of public deeds in foreign languages.
II. Electronic copies and legalisations
Art. 55a
1 The cantons may authorise the authenticating officials to make electronic copies of the public deeds that they issue.2 They may also authorise the authenticating officials to certify electronically that the electronic copies that they create correspond to the original documents on paper and that the signatures are genuine.3 The authenticating official must use a qualified electronic signature based on a qualified certificate from a recognised provider of certification services in accordance with the Federal Act of 18 March 2016 on Electronic Signatures.4 The Federal Council shall issue implementing provisions that guarantee the interoperability of computer systems and the integrity, authenticity and security of the data.
Inserted by No I 2 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). SR 943.03 Amended by Annex No II 3 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001).
E. Allocation of water rights
Art. 56
Until such time as federal law regulates the allocation of water rights, the following provision applies:Rights to public waters may be recorded in the land register as distinct and permanent rights, provided they have been granted for at least 30 years or indefinitely and are not allocated to a dominant property in the form of an easement.
See current Art. 59 of the FA of 22 Dec. 1916 on Exploitation of Water Resources (SR 721.80).
F.–H. ...
Art. 57
Repealed by Art. 53 para. 1 item b of the FA of 8 Nov. 1934 on Banks and Savings Banks, with effect from 1 March 1935 (AS 51 117; BS 10 337; BBl 1934 I 171).
J. Debt enforcement and bankruptcy
Art. 58
When this Code comes into force, the Federal Act of 11 April 1889 on Debt enforcement and Bankruptcy is amended as follows:...
Last four articles renumbered owing to revocation of the original Art. 58 and 59, in accordance with No I of the Code of Obligations transitional provisions, in force since 1 Jan. 1912 (AS 27 317; BS 2 199; BBl 1905 II 1, 1909 III 725, 1911 I 845). SR 281.1 For text, see the federal act referred to. For the wording of Art. 132bis, 141 para. 3 and 258 para. 4, see AS 24 233 Final Title Art. 60.
K. Application of Swiss and foreign law
Art. 59
1 The Federal Act of 25 June 1891 on the Civil Law Status of Immigrants and Temporary Residents remains in force in respect of the legal status of Swiss nationals abroad and of foreigners in Switzerland and insofar as different laws apply in the cantons.2 ...3 The following provisions are inserted in the Federal Act of 25 June 1891:Art. 7a–7i...
Last four articles renumbered owing to revocation of the original Art. 58 and 59, in accordance with No I of the Code of Obligations transitional provisions, in force since 1 Jan. 1912 (AS 27 317; BS 2 199; BBl 1905 II 1, 1909 III 725, 1911 I 845). [BS 2 737; AS 1972 2819 II 1, 1977 237 II 1, 1986 122 II 1. AS 1988 1776 Annex No I para. a]. See current IPLA of 18 Dec. 1987 (SR 291). Repealed by No I 2 of the FA of 5 Oct. 1984, with effect from 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 119
L. Repeal of federal civil law
Art. 60
1 When this Code comes into force, any provisions of federal civil law which contradict it are repealed.2 In particular, the following are repealed: the Federal Act of 24 December 1874 on the Determination and Documentation of Civil Status and Marriage; the Federal Act of 22 June 1881 on Personal Capacity to Act; the Federal Act of 14 June 1881 on the Code of Obligations.3 The special acts concerning the railways, steamships, the post, telegraph and telephone services, the seizure and compulsory liquidation of railways, the laws relating to factory employment and liability arising from the operation of factories and other enterprises, and all federal laws on matters governed by the Code of Obligations which have been enacted to supplement the Federal Act of 14 June 1881 on the Code of Obligations, remain in force.
Amended by No I of the Code of Obligations transitional provisions, in force since 1 Jan. 1912 (AS 27 317; BS 2 199; BBl 1905 II 1, 1909 III 725, 1911 I 845). [AS 1 506] [AS 5 556] [AS 5 635, 11 490; BS 2 784 Art. 103 para. 1]
M. Final Provision
Art. 61
1 This Code comes into force on 1 January 1912.2 Subject to the Federal Assembly’s approval, the Federal Council is authorised to declare individual provisions effective at an earlier date.
Last four articles renumbered owing to revocation of the original Art. 58 and 59, in accordance with No I of the Code of Obligations transitional provisions, in force since 1 Jan. 1912 (AS 27 317; BBl 1905 II 1, 1909 III 725, 1911 I 845).