Swiss Civil Code

Last updated

Swiss Civil Code
Swiss civil code 1907.jpg
The first edition of the Swiss Civil Code, around 1907.
Ratified 10 December 1907
Date effective 1 January 1912 (current version as of 1 April 2016)
Location SR 210
Author(s) Eugen Huber, Virgile Rossel, Brenno Bertoni
PurposeRegulates relationship between individuals

The Swiss Civil Code (SR/RS 210, German : Schweizerisches Zivilgesetzbuch (ZGB); French : Code civil suisse (CC); Italian : Codice civile svizzero (CC); Romansh : Cudesch civil svizzer) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationship between individuals. It was first adopted in 1907 (effective since 1 January 1912). [1] [2] [3]

Contents

It was largely influenced by the German civil code, and partly influenced by the French civil code, but the majority of comparative law scholars (such as K. Zweigert and Rodolfo Sacco) argue that the Swiss code derives from a distinct paradigm of civil law. [4] [5] [6]

History and influences

Adopted on 10 December 1907 (and is thus formally known as the Swiss Civil Code of 10 December 1907), and in force since 1912. It was created by Eugen Huber, it was subsequently translated in the two other national languages (at the time Romansh was not official) by Virgile Rossel and Brenno Bertoni for French and Italian, respectively.[ citation needed ]

The Civil code of the Republic of Turkey is a slightly modified version of the Swiss code, adopted in 1926 during Mustafa Kemal Atatürk's presidency as part of the government's progressive reforms and secularization. [7] The Swiss code also influenced the codes of several other states, such as Peru. [8]

In 1911, the Swiss Code of Obligations (SR 22) [9] was adopted and considered as the fifth part of the Swiss Civil Code. It thus became the first civil code to include commercial law. [10] [11]

Content

The Swiss Civil Code contains more than two thousands articles. [11] Its first article states that:

1 The law applies according to its wording or interpretation to all legal questions for which it contains a provision.
2 In the absence of a provision, the court shall decide in accordance with customary law and, in the absence of customary law, in accordance with the rule that it would make as legislator.
3 In doing so, the court shall follow established doctrine and case law.

See also

Related Research Articles

<span class="mw-page-title-main">Comparative law</span> Study of relationship between legal systems

Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves the study of the different legal "systems" in existence in the world, including the common law, the civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism, economic globalization, and democratization.

<span class="mw-page-title-main">Languages of Switzerland</span> Overview of the languages spoken in Switzerland

The four national languages of Switzerland are German, French, Italian, and Romansh. German, French, and Italian maintain equal status as official languages at the national level within the Federal Administration of the Swiss Confederation, while Romansh is used in dealings with people who speak it. Latin is occasionally used in some formal contexts, particularly to denote the country.

<span class="mw-page-title-main">Civil code</span> Codification of the civil law

A civil code is a codification of private law relating to property, family, and obligations.

A Fachhochschule, abbreviated FH, is a university of applied sciences (UAS), in other words a German tertiary education institution that provides professional education in many applied sciences and applied arts, such as engineering, technology, business, architecture, design, and industrial design.

<span class="mw-page-title-main">Swiss Broadcasting Corporation</span> Public broadcasting agency of Switzerland

The Swiss Broadcasting Corporation is the Swiss public broadcasting association, founded in 1931, the holding company of 26 radio and television channels. Headquartered in Bern, the Swiss Broadcasting Corporation is a non-profit organisation, funded mainly through radio and television licence fees (70%) and making the remaining income from advertising and sponsorship.

<span class="mw-page-title-main">Civil law (legal system)</span> Legal system originating in continental Europe

Civil law is a legal system originating in Italy and France and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law and French civil law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally binding precedent.

The legal origins theory claims that the two main legal traditions or origins, civil law and common law, crucially shape lawmaking and dispute adjudication and have not been reformed after the initial exogenous transplantation by Europeans. Therefore, they affect economic outcomes to date. According to the evidence reported by the initial proponents of such a theory, countries that received civil law would display today less secure investor rights, stricter regulation, and more inefficient governments and courts than those that inherited common law. These differences would reflect both a stronger historical emphasis of common law on private ordering and the higher adaptability of judge-made law.

As there is no dominant national language, the four main languages of French, Italian, German and Romansch form the four branches which make up a literature of Switzerland. The original Swiss Confederation, from its foundation in 1291 up to 1798, gained only a few French-speaking districts in what is now the Canton of Fribourg, and so the German language dominated. During that period the Swiss vernacular literature was in German, although in the 18th century, French became fashionable in Bern and elsewhere. At that time, Geneva and Lausanne were not yet Swiss: Geneva was an ally and Vaud a subject land. The French branch does not really begin to qualify as Swiss writing until after 1815, when the French-speaking regions gained full status as Swiss cantons. The Italian and Romansch-Ladin branches are less prominent.

<i>Historical Dictionary of Switzerland</i> Encyclopedia on the history of Switzerland

The Historical Dictionary of Switzerland is an encyclopedia on the history of Switzerland. It aims to present the history of Switzerland in the form of an encyclopaedia, published both on paper and on the internet, in three of the country's national languages: German, French and Italian. When it was completed at the end of 2014, the paper version contained around 36,000 articles divided into thirteen volumes. At the same time, a reduced edition of the dictionary has been published in Romansh under the title Lexicon istoric retic (LIR), and constitutes the first specialist dictionary in the Rhaeto-Romance, Switzerland.

<span class="mw-page-title-main">Eugen Huber</span> Swiss jurist (1849–1923)

Eugen Huber was a Swiss jurist and the creator of the Swiss Civil code of 1907.

<span class="mw-page-title-main">Swiss Federal Constitution</span> Constitution of the Swiss Confederation

The Federal Constitution of the Swiss Confederation of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons (states). The document contains a catalogue of individual and popular rights, delineates the responsibilities of the cantons and the Confederation and establishes the federal authorities of government.

<span class="mw-page-title-main">Protestant Church of Switzerland</span> Swiss association

The Protestant Church in Switzerland (PCS), formerly named Federation of Swiss Protestant Churches until 31 December 2019, is a federation of 25 member churches – 24 cantonal churches and the Evangelical-Methodist Church of Switzerland. The PCS is not a church in a theological understanding, because every member is independent with their own theological and formal organisation. It serves as a legal umbrella before the federal government and represents the church in international relations. Except for the Evangelical-Methodist Church, which covers all of Switzerland, the member churches are restricted to a certain territory.

<span class="mw-page-title-main">Outline of Switzerland</span> Overview of and topical guide to Switzerland

The following outline is provided as an overview of and topical guide to Switzerland:

Hein Kötz is a German jurist, former Director of the Max-Planck-Institute for foreign and international private law (MPI-PRIV), the Bucerius Law School and Vice President of the Deutsche Forschungsgemeinschaft (DFG).

<span class="mw-page-title-main">Law of Switzerland</span>

Swiss law is a set of rules which constitutes the law in Switzerland.

<span class="mw-page-title-main">Swiss Criminal Code</span> Criminal code

The Swiss Criminal Code is a portion of the third part of the internal Swiss law that regulates the criminal code in Switzerland. The original version was created on 21 December 1937. It entered into force on 1 January 1942. Previously, criminal law had been a cantonal competency.

The Swiss Code of Obligations, the 5th part of the Swiss civil code, is a federal law that regulates contract law and corporations (Aktiengesellschaft). It was first adopted in 1911.

Theaterlexikon der Schweiz (TLS) / Dictionnaire du théâtre en Suisse (DTS) / Dizionario Teatrale Svizzero (DTS) / Lexicon da teater svizzer (LTS) is an encyclopedia about theatre in Switzerland published originally in 2005 in 3 volumes. It was developed from 1997 to 2005 by the Institute of Theatre Studies of the University of Berne.

Turkish civil code is one of the earliest laws in the history of Turkey within the scope of Turkish reforms.

Pan Handian, also known as Pan Zongxun (潘宗洵), was a Chinese legal scholar, translator, and writer. He was recognized as a founder of comparative law in China. He served as Professor and Director of the Institute of Comparative Law at China University of Political Science and Law, and editor-in-chief of the Journal of Comparative Law. He was conferred the Lifetime Achievement Award in Translation by the Translators Association of China in 2012.

References

  1. "SR 21 Zivilgesetzbuch" (official website) (in German, French, and Italian). Berne, Switzerland. 10 September 1916. Retrieved 14 September 2016.
  2. "SR 210 Swiss Civil Code of 10 December 1907 (Status as of 1 January 2016)" (official website). Berne, Switzerland: Swiss Federal Council. 10 September 1916. Retrieved 14 September 2016.
  3. The Swiss Civil Code of December 10, 1907 (Effective January 1, 1912); Translated by Robert P. Shick, A.M., LL.B., Member of the Philadelphia Bar; Annotated by Charles Wetherill, A.B., LL.D., Member of the Philadelphia Bar; Corrected and Revised by Eugen Huber, Dr. Jur., Rer. Pub. et Phil., Law Professor, University of Berne; Alfred Siegwart, Dr.Jur., Professor of Swiss Law, University of Freiburg ; Gordon E. Sherman, Ph.B., LL.B., Member of the New York and New Jersey Bars. Boston, U.S.: The Boston Book Company. Retrieved 28 November 2016 via Internet Archive.
  4. Stoffel, Walter A. (1987). "National Reports, Switzerland". In Knapp, Viktor (ed.). International Encyclopedia of Comparative Law. Vol. I. Tübingen and Dorderecht, Boston, Lancaster: J.C.B. Mohr (Paul Siebeck) and Martinus Nijhoff Publishers. p. S-186.
  5. Zweigert, Konrad, Professor of Law, University of Hamburg; Director, Max Planck Institute for Foreign and International Private Law; Kötz, Hein, M.C.L. (Mich.); Professor of Law, University of Konstanz (1977). An Introduction to Comparative Law; Translated from the German by Tony Weir, Fellow of Trinity College, Cambridge. Vol. I: The Framework. Amsterdam, New York, Oxford: North Holland Publishing Company. pp. 166–177.{{cite book}}: CS1 maint: multiple names: authors list (link)
  6. Rabel, Ernst (1950), "Private Laws of Western Civilization: Part III. The German and Swiss Civil Codes", Louisiana Law Review, vol. 10, pp. 271–275, retrieved 29 November 2016
  7. Zweigert, Konrad, Professor of Law, University of Hamburg; Director, Max Planck Institute for Foreign and International Private Law; Kötz, Hein, M.C.L. (Mich.); Professor of Law, University of Konstanz (1977). An Introduction to Comparative Law; Translated from the German by Tony Weir, Fellow of Trinity College, Cambridge. Vol. I: The Framework. Amsterdam, New York, Oxford: North Holland Publishing Company. pp. 176–177.{{cite book}}: CS1 maint: multiple names: authors list (link)
  8. "Swiss Civil Code". Encyclopædia Britannica . Retrieved 19 January 2009.
  9. "SR 22 Obligationenrecht" (official website) (in German, French, and Italian). Berne, Switzerland: Swiss Federal Council. 10 September 1916. Retrieved 14 September 2016.
  10. "SR 220 Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations)" (official website). Berne, Switzerland: Swiss Federal Council. 10 September 1916. Retrieved 14 September 2016.
  11. 1 2 Frédéric Koller (13 September 2016). "Quand la Suisse inspire la modernisation du droit chinois". Le temps (in French). Lausanne, Switzerland. Retrieved 14 September 2016.