A person who has capacity to act has the capacity to create rights and obligations through his actions.

A person does not have the capacity to act if he or she is incapable of judgement or is under age or is subject to a general deputyship.

A person who is incapable of judgement cannot create legal effect by his or her actions, unless the law provides otherwise.

¹ Persons capable of judgement but lacking capacity to act exercise their strictly personal rights independently; cases where the law requires the consent of the legal representative are reserved.

² The legal representative acts for a person lacking capacity of judgement unless a right is so strictly personal that any form of representation is excluded.

¹ The degree of kinship²¹ is determined by the number of intermediary generations.

² Lineal kinship exists between two persons where one is descended from the other and collateral kinship exists between two persons where both are descended from a third person and are not related lineally.

¹ Where one person is related to another, he or she is related as an in-law to the latter's spouse or registered partner in the same line and to the same degree.

² Kinship by marriage is not ended by dissolution of the marriage or of the registered partnership which created it.

¹ The place of origin of a person is determined by his or her citizenship.

² Citizenship is governed by public law.

³ If a person is a citizen of more than one place, his or her place of origin is the one in which he or she is or was most recently resident or, in the absence of any such residence, the one in which he or she or his or her ancestors last acquired citizenship.

¹ Any person whose personality rights are unlawfully infringed may petition the court for protection against all those causing the infringement.

² An infringement is unlawful unless it is justified by the consent of the person whose rights are infringed or by an overriding private or public interest or by law.

¹ If a person's use of his or her name is disputed, he or she may apply for a court declaration confirming his rights.

² If a person is adversely affected because another person is using his or her name, he or she may seek an order prohibiting such use and, if the user is at fault, may bring a claim for damages and, where justified by the nature of the infringement, for satisfaction.

¹ Any person who, in exercising a right, relies on the fact that another person is living or has died or was alive at a particular time or survived another person must produce evidence thereof.

² If it cannot be proved that, of a group of several deceased persons, one survived another, all are deemed to have died at the same time.

¹ If it is highly probable that a person is dead because he or she has disappeared in extremely life-threatening circumstances or has been missing for a lengthy period without any sign of life, the court may declare that person presumed dead on application by any person deriving rights from his or her death.

² ...⁵⁰

¹ The application may be made when at least one year has elapsed since the life-threatening event or five years have elapsed since the last sign of life.

² The court must, by suitable public means, call on any person who may provide information about the missing person to come forward within a specified period.

³ The period shall run for at least one year following the first public notice.

If the missing person comes forward within the set period or if news of the missing person is received or if the date of his or her death is proved, the application fails.

¹ If no news is received during the set period, the missing person is declared presumed dead and rights derived from the fact of his or her death may be enforced as if death were proven.

² The declaration of presumed death has retroactive effect from the time of the life-threatening event or the last sign of life.

³ A declaration of presumed death dissolves a marriage.⁵¹

¹ Any person who satisfies the court that he or she has a personal interest warranting protection may seek an order for the registration of disputed information concerning personal status or the rectification or removal of an entry. The court shall hear the relevant cantonal supervisory authority, to which it shall notify its judgment.

² The cantonal supervisory authorities are likewise entitled to make such applications.

The register authorities must of their own accord rectify mistakes resulting from an obvious oversight or error.

¹ In particular, the registrars shall perform the following tasks:

1.

they maintain the civil register;

2.

they make notifications and provide extracts;

3.

they carry out the preparatory procedure for weddings and conduct the wedding ceremony;

4.

they record declarations as to civil status.

² Exceptionally, the Federal Council may entrust a representative of Switzerland abroad with these tasks.

¹ Each canton shall appoint a supervisory authority.

² In particular, the supervisory authority shall perform the following tasks:

1.

it supervises the register offices;

2.

it supports and advises the register offices;

3.

it assists in maintaining the civil register and in carrying out the preparatory procedure for weddings;

4.

it issues directives on recognition and recording of matters relating to civil status that occur abroad and of foreign judicial and administrative decisions concerning civil status;

5.

it provides for the basic and continuing education and training of persons working in the civil register service.

³ The Confederation is responsible for oversight. It may have recourse to cantonal appeal procedures against the decisions of the registrars and the supervisory authorities.⁷²

¹ The general meeting of members is the supreme governing body of the association.

² The general meeting is called by the committee.

³ General meetings must be convened in accordance with the rules set out in the articles of association and also, as required by law, if one-fifth of the members so request.

¹ The general meeting of members decides on admission and exclusion of members, appoints the committee and decides all matters which are not reserved to other governing bodies of the association.

² It supervises the activities of the governing bodies and may at any time dismiss the latter without prejudice to any contractual rights of those dismissed.

³ The right of dismissal exists by law whenever justified by good cause.

¹ The committee is entitled and obliged according to the powers that it is granted under the articles of association to manage and represent the association.

² Associations that must be entered in the commercial register must be able to be represented by a person who is domiciled in Switzerland. This person must have access to the list of members.⁹¹

The committee shall maintain the association's business ledgers. The provisions of the Code of Obligations⁹³ on commercial bookkeeping and accounting apply mutatis mutandis.

The association may be dissolved at any time by resolution of the members.

The association is dissolved by operation of law if it is insolvent or if the committee may no longer be appointed in accordance with the articles of association.

Where the objects of the association are unlawful or immoral, the competent authority or an interested party may apply for a court order of dissolution.

¹ The board of trustees shall appoint external auditors.

² The supervisory authority may exempt a foundation from the duty to appoint external auditors. The Federal Council determines the conditions for such exemption.

³ Where there are no special provisions for foundations, the provisions of the Code of Obligations¹⁰⁸ on external auditors for public limited companies apply mutatis mutandis.

⁴ If the foundation has a duty to carry out a limited audit, the supervisory authority may require a full audit where necessary for a reliable assessment of the foundation's financial situation.

The external auditors must provide the supervisory authority with a copy of the audit report and all important communications with the foundation.

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.

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.

Claims arising from the engagement prescribe one year from the ending of the engagement.

¹ Marriage between lineal relatives and between siblings or half-siblings, whether related to each other by parentage or adoption, is prohibited.¹⁷⁰

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.

A person wishing to marry must prove that any previous marriage or any registered partnership with a third party has been annulled or dissolved.

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.¹⁷³

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.¹⁷⁴

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

3.¹⁷⁵

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.¹⁷⁶

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.¹⁷⁷

The wedding ceremony may take place within three months following notification of completion of the preparatory procedure.

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.

¹ A wedding is a public ceremony that takes place in the presence of two adult witnesses who are capable of judgement.¹⁷⁹

² The civil registrar asks the prospective spouses individually whether each wishes to marry the other.¹⁸⁰

³ If both answer in the affirmative, they are pronounced married by mutual consent.

Grounds for annulment are:

1.¹⁸¹

that one of the spouses 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 has not been dissolved;

2.

that one of the spouses lacked capacity of judgement at the time of the wedding and has not regained such capacity since;

3.¹⁸²

that the marriage was prohibited due to kinship;

4.¹⁸³

one of the spouses has no intention of living with the other, but wishes to circumvent the provisions on the admission and residence of foreign nationals;

5.¹⁸⁴

a spouse has not married of his or her own free will;

6.¹⁸⁵

one of the spouses is a minor, unless the continuation of the marriage is in the overriding interest of this spouse.

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.¹⁸⁶

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.

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;

4.¹⁸⁷

...

¹ An action for annulment must be brought within six months of learning of the grounds for annulment or of the date on which the threat ceased, 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.

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.

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 ...¹⁹²

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.

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.

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.

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 1993²⁰³.

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 1^ter of the Vested Benefits Act of 17 December 1993²⁰⁶ 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.

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.

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.

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.

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.

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.

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 or reduced if it would clearly be inequitable, particularly because the spouse otherwise entitled to receive such contribution:

1.

has grossly neglected his or her duty to contribute to the maintenance of the family;

2.

has wilfully brought about his or her own indigence;

3.

has committed a serious criminal offence against the other spouse or a person close to him or her.

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.

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.

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.²¹⁶

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.²¹⁷

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.²¹⁸

Repealed

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.²²⁵

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.

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.²³²

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.

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.²³⁵

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.²³⁶

The marital agreement must be executed as a public deed and signed by the parties and, where applicable, by the legal representative.

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.

The marital property regime of participation in acquired property comprises the property acquired during the marriage and the individual property of each spouse.

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.

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.

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.

The marital property regime of community of property comprises the common property and the individual property of each spouse.

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.

All assets are presumed to be common property unless proven to be the individual property of a spouse.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 1998²⁵⁸, 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.

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.²⁶⁸

³ Once these time limits have expired, a challenge of paternity is admissible provided there is good cause for the delay.

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.²⁷⁶

³ Recognition is effected by means of a declaration made before the civil registrar or by testamentary disposition or, if an action to declare paternity is pending, by a declaration made to the court.

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.

¹ If the defendant had sexual intercourse with the mother during the period between the 300^th day and the 180^th day before the child's birth, his paternity is presumed.

² Paternity is also presumed even if the child was conceived prior to the 300^th day or after the 180^th 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.

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;

2.²⁸⁴

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.

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.

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.