A. General provisions

I. General rule of non-retroactive effect

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

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

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

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

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.

IV. Protection of the individual against violence, threats or stalking

The new law applies to proceedings that are already pending when the amendment of 14 December 2018 comes into force.

5. Conversion of existing pensions

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 1987² on International Private Law.

³ Any pension payments already made under previous law are considered part of the pension awarded.

3. Citizenship

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.

4. Retention of separation of property by operation of law or by court order

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.

f. Register of marital property

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.

7. Protection of creditors

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.

III^ter. Contesting a declaration of legitimacy

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.

IV^quater. Name of the child

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.

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.

c. Correction of the land registers

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.

V. Easements

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 2009¹ 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.²

VI. Mortgage rights

1. Recognition of the existing document of title

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

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

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

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

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

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

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

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

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.¹

8. ...

11. Conversion the form of the mortgage certificate

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 2009² comes into force be converted into a register mortgage certificate.

VII. Charges on chattels

1. Provisions on form

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

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

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

When this Code comes into force, possession becomes subject to the new law.

X. Land register

1. Establishment of the land register

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.¹

² ...²

2. Official cadastral survey

a. ...

b. Relation to the land register

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

¹ ...¹

² The surveying and the introduction of the land register may be carried out successively for the individual districts of a canton.

3. Registration of rights in rem

a. Procedure

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

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 2009¹ 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.²

4. Abolished rights

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.

5. Postponement in the introduction of the land register

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 land register

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

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

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 ongoing prescriptive period began, unless the law provides otherwise.

⁴ Otherwise, the new law governs prescription from the time it comes into force.

A. Repeal of cantonal civil law

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

¹ The cantons shall enact the provisions required to supplement the Civil Code, including in particular those governing the competent authorities¹ and the establishment of civil registries, guardianship authorities and land registries.

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.²

³ Cantonal provisions on register law require federal approval.³

⁴ Notice of cantonal provisions on other matters must be given to the Federal Office of Justice.⁴

II. Substitute ordinances

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

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 2008¹ applies, the cantons regulate proceedings.²

II. Electronic copies and legalisations

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 2016² on Electronic Signatures.³

⁴ The Federal Council shall issue implementing provisions that guarantee the interoperability of computer systems and the integrity, authenticity and security of the data.

E. Allocation of water rights

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.

F.–H. ...

J. Debt enforcement and bankruptcy

When this Code comes into force, the Federal Act of 11 April 1889² on Debt enforcement and Bankruptcy is amended as follows:

...³

K. Application of Swiss and foreign law

¹ The Federal Act of 25 June 1891² 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

³ The following provisions are inserted in the Federal Act of 25 June 1891:

Art. 7a–7i

...

L. Repeal of federal civil law

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 1874² on the Determination and Documentation of Civil Status and Marriage; the Federal Act of 22 June 1881³ on Personal Capacity to Act; the Federal Act of 14 June 1881⁴ 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.