¹ At the request of the defendant, the plaintiff must provide security for party costs:

a.

if he or she has no residence or registered office in Switzerland;

b.

if he or she appears to be insolvent, notably if he or she has been declared bankrupt or is involved in ongoing composition proceedings or if certificates of unpaid debts have been issued;

c.

if he or she owes costs from prior proceedings; or

d.

if for other reasons there seems to be a considerable risk that the compensation will not be paid.

² In the case of mandatory joinder, security must be provided only if each party fulfils one of the above mentioned conditions.

³ No security need be provided:

a.

in simplified proceedings, with the exception of financial disputes under Article 243 paragraph 1;

b.

in divorce proceedings;

c.

in summary proceedings, with the exception of the proceedings in clear cases (Art. 257).