Swiss Civil Code

Swiss Civil Code

The first edition of the Swiss Civil Code, around 1907.
Original title German: Schweizerisches Zivilgesetzbuch (ZGB); French: Code civil suisse (CC); Italian: Codice civile svizzero (CC); Romansh: Cudesch civil svizzer
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
Purpose Regulates relationship between individuals

The Swiss Civil Code (SR 21, German: Schweizerisches Zivilgesetzbuch (ZGB); French: Code civil suisse (CC); Italian: Codice civile svizzero (CC); Romansh: Cudesch civil svizzer) is the codified law ruling in Switzerland and regulating relationship between individuals. It was first adopted in 1907 (effective since 1 January 1912).[1][2][3]

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.

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. It also influenced the codes of several other states, such as Peru.[7]

In 1911, the Swiss Code of Obligations (SR 22)[8] was adopted and considered as fith part of the Swiss Civil Code. It thus became the first civil code to include commercial law.[9][10]

Content

The Swiss Civil Code contains more than two thousands articles.[10] 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

Notes and references

  1. ↑ "SR 21 Zivilgesetzbuch" (official website) (in German, French, and Italian). Berne, Switzerland. 10 September 1916. Retrieved 2016-09-14.
  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 2016-09-14.
  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.A.: The Boston Book Company. Retrieved November 28, 2016 – via Internet Archive.
  4. ↑ Stoffel, Walter A. (1987). "National Reports, Switzerland". In Knapp, Viktor. International Encyclopedia of Comparative Law. 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. I: The Framework. Amsterdam, New York, Oxford: North Holland Publishing Company. pp. 166–177.
  6. ↑ Rabel, Ernst (1950), "Private Laws of Western Civilization: Part III. The German and Swiss Civil Codes", Louisiana Law Review, 10, pp. 271–275, retrieved November 29, 2016
  7. ↑ "Swiss Civil Code". Encyclopædia Britannica. Retrieved 2009-01-19.
  8. ↑ "SR 22 Obligationenrecht" (official website) (in German, French, and Italian). Berne, Switzerland: Swiss Federal Council. 10 September 1916. Retrieved 2016-09-14.
  9. ↑ "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 2016-09-14.
  10. 1 2 Frédéric Koller (13 September 2016). "Quand la Suisse inspire la modernisation du droit chinois". Le temps (in French). Lausanne, Switzerland. Retrieved 2016-09-14.

External links

This article is issued from Wikipedia - version of the 11/29/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.