2. Pending proceedings

¹ Pending proceedings shall be continued by the new competent authority after the Amendment of 19 December 2008² 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.

D. Succession law

I. Heirs and succession

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. Testamentary dispositions

¹ The making or revocation of a testamentary disposition carried out before this Code comes into force, if done by a person subsequently deceased who had testamentary capacity 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 testamentary capacity under its provisions.

² A testamentary disposition 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 testamentary dispositions 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

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

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

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.