Swiss Civil Code Explained

Document Name:Swiss Civil Code
Title Orig:German: Schweizerisches Zivilgesetzbuch (ZGB)
French: Code civil suisse (CC); Italian: Codice civile svizzero (CC); Romansh: Cudesch civil svizzer
Date Ratified:10 December 1907
Date Effective:1 January 1912 (current version as of 1 April 2016)
Purpose:Regulates 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]

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]

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.[6] The Swiss code 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 the fifth 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:

See also

External links

Notes and References

  1. Web site: SR 21 Zivilgesetzbuch . official website . 10 September 1916 . de, fr, it . Berne, Switzerland . 2016-09-14.
  2. Web site: SR 210 Swiss Civil Code of 10 December 1907 (Status as of 1 January 2016) . Swiss Federal Council . official website . 10 September 1916 . Berne, Switzerland . 2016-09-14.
  3. Book: 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 . The Boston Book Company . Boston, U.S. . 28 November 2016. Internet Archive.
  4. Book: Stoffel, Walter A.. Knapp . Viktor . 1987 . National Reports, Switzerland . International Encyclopedia of Comparative Law . J.C.B. Mohr (Paul Siebeck) and Martinus Nijhoff Publishers . Tübingen and Dorderecht, Boston, Lancaster . I . S-186 .
  5. Book: 1977 . 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 . An Introduction to Comparative Law; Translated from the German by Tony Weir, Fellow of Trinity College, Cambridge . North Holland Publishing Company . Amsterdam, New York, Oxford . I: The Framework . 166–177 .
  6. Book: 1977 . 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 . An Introduction to Comparative Law; Translated from the German by Tony Weir, Fellow of Trinity College, Cambridge . North Holland Publishing Company . Amsterdam, New York, Oxford . I: The Framework . 176–177 .
  7. Encyclopedia: Swiss Civil Code . . 2009-01-19.
  8. Web site: SR 22 Obligationenrecht . Swiss Federal Council . official website . 10 September 1916 . de, fr, it . Berne, Switzerland . 2016-09-14.
  9. Web site: SR 220 Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations) . Swiss Federal Council . official website . 10 September 1916 . Berne, Switzerland . 2016-09-14.
  10. News: Frédéric Koller . Quand la Suisse inspire la modernisation du droit chinois . fr . . 13 September 2016 . Lausanne, Switzerland . 2016-09-14.

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