Civil Procedure Code (CPC) in english

Civil Procedure Code - 2021

Art. 1 - This Code governs the proceedings before the cantonal authorities for:
Art. 2 - The provisions of international treaties and of the Federal Act of 18 December 19871 on [...]
Art. 3 - The organisation of the courts and the conciliation authorities is in the competence of the cantons, [...]
Art. 4 - 1 Cantonal law governs the material jurisdiction and functional jurisdiction of the [...]
Art. 5 - 1 The cantonal law designates the court that has jurisdiction as sole cantonal [...]
Art. 6 - 1 The cantons may designate a special court that has jurisdiction as sole cantonal [...]
Art. 7 - The cantons may designate a court that has jurisdiction as sole cantonal instance for disputes [...]
Art. 8 - 1 If in a financial dispute the value in dispute is at least CHF 100,000, the [...]
Art. 9 - 1 A place of jurisdiction is mandatory only if the law expressly so [...]
Art. 10 - 1 Unless this Code provides otherwise, the following court has [...]
Art. 11 - 1 If the defendant has no domicile, the court at his or her habitual residence has [...]
Art. 12 - For actions arising out of the commercial or professional activity of an establishment or branch, [...]
Art. 13 - Unless the law provides otherwise, the following court has mandatory jurisdiction to order interim [...]
Art. 14 - 1 A counterclaim may be filed in the court that has jurisdiction over the main [...]
Art. 15 - 1 If an action is directed against two or more defendants, the court that has [...]
Art. 16 - The court that has jurisdiction to decide the main action also decides on the third party [...]
Art. 17 - 1 Unless the law provides otherwise, the parties may agree on which court has [...]
Art. 18 - Unless the law provides otherwise, the seised court has jurisdiction if the defendant enters an [...]
Art. 19 - Unless the law provides otherwise, the court or authority at the domicile or registered office of [...]
Art. 20 - The court at the domicile or registered office of either of the parties has jurisdiction to decide [...]
Art. 21 - The court at the last known domicile of the missing person has mandatory jurisdiction over [...]
Art. 22 - For actions concerning the modification of the civil register, the court of the district in which [...]
Art. 23 - 1 The court at the domicile of either of the parties has mandatory jurisdiction over [...]
Art. 24 - The court at the domicile of one of the parties has mandatory jurisdiction over applications and [...]
Art. 25 - The court at the domicile of one of the parties has mandatory jurisdiction over actions to declare [...]
Art. 26 - The court at the domicile of either of the parties has mandatory jurisdiction over separate actions [...]
Art. 27 - The court at the domicile of either of the parties has mandatory jurisdiction over the claims of the [...]
Art. 28 - 1 The court at the last domicile of the deceased has jurisdiction over actions under [...]
Art. 29 - 1 The court at the place where a property is or should be recorded in the land [...]
Art. 30 - 1 For actions relating to rights in rem or possession of chattels or claims secured [...]
Art. 31 - The court at the domicile or registered office of the defendant or at the place where the [...]
Art. 32 - 1 The following court has jurisdiction in disputes concerning consumer [...]
Art. 33 - The court at the place where the immovable property is situated has jurisdiction to decide actions [...]
Art. 34 - 1 The court at the domicile or registered office of the defendant or where the [...]
Art. 35 - 1 The following persons may not waive the jurisdiction provided for in Articles 32 [...]
Art. 36 - The court at the domicile or registered office of the aggrieved person or the defendant, or where [...]
Art. 37 - The court at the domicile or registered office of the defendant or at the place where the measures [...]
Art. 38 - 1 The court at the domicile or registered office of the defendant or at the place of [...]
Art. 39 - The competence of the criminal court to decide incidental civil actions is [...]
Art. 40 - The court at the domicile or registered office of the defendant or the court at the registered [...]
Art. 41 - 1 Repealed by No II 1 of the Federal Act of 28 Sept. 2012, with effect from 1 May [...]
Art. 42 - The court at the registered office of one of the involved entities has jurisdiction to decide [...]
Art. 43 - 1 The court at the registered office of the company has mandatory jurisdiction to [...]
Art. 44 - The place of jurisdiction for the authorisation to convene a creditors' meeting is governed by [...]
Art. 45 - The court at the registered office of the concerned licence holder has mandatory jurisdiction to [...]
Art. 46 - The place of jurisdiction for actions under the Federal Act of 11 April 18891 on Debt [...]
Art. 47 - 1 Judges and judicial officers shall recuse themselves if:
Art. 48 - The judge or judicial officer concerned shall make a timely disclosure of any possible reason for [...]
Art. 49 - 1 A party that wishes to challenge a judge or judicial officer must file the [...]
Art. 50 - 1 If the reason given for recusal is disputed, the court shall [...]
Art. 51 - 1 Procedural acts in which a person obliged to recuse him- or herself has [...]
Art. 52 - All those who participate in proceedings must act in good faith
Art. 53 - 1 The parties have the right to be heard
Art. 54 - 1 Hearings and any oral passing of judgment shall be conducted in public. The [...]
Art. 55 - 1 The parties must present the court with the facts in support of their case and [...]
Art. 56 - If a party's submissions are unclear, contradictory, ambiguous or manifestly incomplete, and the [...]
Art. 57 - The court applies the law ex-officio
Art. 58 - 1 The court may not award a party anything more than or different from what the [...]
Art. 59 - 1 The court shall consider an action or application provided the procedural [...]
Art. 60 - The court shall examine ex-officio whether the procedural requirements are [...]
Art. 61 - If the parties have concluded an arbitration agreement relating to an arbitrable dispute, the seised [...]
Art. 62 - 1 A case becomes pending when an application for conciliation, an action, an [...]
Art. 63 - 1 If a submission that has been withdrawn or rejected due to lack of jurisdiction is [...]
Art. 64 - 1 The pendency of an action has in particular the following [...]
Art. 65 - Any person who withdraws an action before the competent court may not bring proceedings again [...]
Art. 66 - The capacity to be a party is subject to legal capacity or the qualification as a party by virtue of [...]
Art. 67 - 1 Any person who has the capacity to act has the capacity to take legal [...]
Art. 68 - 1 Any person who has capacity to take legal action may choose to be represented in [...]
Art. 69 - 1 If a party is manifestly unable to appear, the court may invite that party to [...]
Art. 70 - 1 If two or more persons are in a legal relationship that calls for one single [...]
Art. 71 - 1 Two or more persons whose rights and duties result from similar circumstances or [...]
Art. 72 - The joint parties may appoint a joint representative, failing which service is made to each party [...]
Art. 73 - 1 Any person who claims to have a better right in the object of a dispute, to the [...]
Art. 74 - Any person who shows a credible legal interest in having a pending dispute decided in favour of one [...]
Art. 75 - 1 The application for intervention shall indicate the reasons for intervention and [...]
Art. 76 - 1 The intervenor may carry out any procedural acts in support of the principal [...]
Art. 77 - A result that is unfavourable to the principal party is effective against the intervenor, [...]
Art. 78 - 1 A party may notify a third party of the dispute if, in the event of being [...]
Art. 79 - 1 The notified third party may:
Art. 80 - Article 77 applies by analogy
Art. 81 - 1 The notifying party may assert the rights that he or she believes he or she will [...]
Art. 82 - 1 The request for the third party action to be admitted must be made with the [...]
Art. 83 - 1 If the object in dispute is alienated in the course of the proceedings, the [...]
Art. 84 - 1 By filing an action for performance, the plaintiff demands that the defendant be [...]
Art. 85 - 1 If it is impossible or unreasonable to quantify the amount of the debt at the [...]
Art. 86 - If a claim is divisible, an action for part of the claim may be brought
Art. 87 - By filing an action to modify a legal relationship, the plaintiff demands the creation, modification [...]
Art. 88 - By filing an action for a declaratory judgment, the plaintiff demands that the court establish that [...]
Art. 89 - 1 Associations and other organisations of national or regional importance that are [...]
Art. 90 - The plaintiff may combine two or more claims against the same party in one action, [...]
Art. 91 - 1 The value in dispute is determined by the prayers for relief. Interest, costs of [...]
Art. 92 - 1 Recurring usage or services have the value of the capital they [...]
Art. 93 - 1 In the event of the voluntary joinder of parties or joinder of actions, the values [...]
Art. 94 - 1 In the case of an action and counterclaim, the value in dispute is determined by [...]
Art. 95 - 1 The procedural costs include:
Art. 96 - The cantons set the tariffs for the procedural costs
Art. 97 - The court shall advise a party without legal representation on the costs to be expected and on legal [...]
Art. 98 - The court may demand that the plaintiff make an advance payment up to the amount of the expected [...]
Art. 99 - 1 At the request of the defendant, the plaintiff must provide security for party [...]
Art. 100 - 1 Security may be provided in cash or in the form of a guarantee from a bank with a [...]
Art. 101 - 1 The court sets a deadline for the provision of the advance and the [...]
Art. 102 - 1 Each party shall advance the costs for taking the evidence that he or she [...]
Art. 103 - Decisions relating to advances of costs and security may be challenged by way of [...]
Art. 104 - 1 As a general rule, the court decides on the procedural costs in the final [...]
Art. 105 - 1 The court costs are determined and allocated ex [...]
Art. 106 - 1 The costs are charged to the unsuccessful party. If an action is not admitted by [...]
Art. 107 - 1 The court may diverge from the general principles of allocation and allocate the [...]
Art. 108 - Unnecessary costs are charged to the party that caused them
Art. 109 - 1 If a case is settled in court, the costs are charged to the parties according to [...]
Art. 110 - The decision on costs may be separately challenged by way of objection only
Art. 111 - 1 The court costs are set off against the advances paid by the parties. The balance [...]
Art. 112 - 1 The court may defer or, in the event of permanent lack of means, waive the court [...]
Art. 113 - 1 No party costs are awarded in conciliation proceedings. Payment by the canton of [...]
Art. 114 - In litigation proceedings, no court costs are charged in disputes:
Art. 115 - Court costs may also be charged in cost-free proceedings to a party who proceeds in a vexatious [...]
Art. 116 - 1 The cantons may provide for further exemptions from procedural [...]
Art. 117 - A person is entitled to legal aid if:
Art. 118 - 1 Legal aid comprises:
Art. 119 - 1 The application for legal aid may be made before or after an action becomes [...]
Art. 120 - The court shall revoke legal aid if the conditions are no longer fulfilled or if it comes to light [...]
Art. 121 - The decision by which legal aid is refused or revoked in full or in part may be challenged by way of [...]
Art. 122 - 1 If a party with legal aid is unsuccessful, the costs shall be settled as [...]
Art. 123 - 1 A party must reimburse the legal aid received as soon as he or she is in a [...]
Art. 124 - 1 The court is the director of proceedings. It issues the required procedural [...]
Art. 125 - In order to simplify the proceedings, the court may, in particular:
Art. 126 - 1 The court may suspend proceedings if appropriate. The proceedings may be suspended [...]
Art. 127 - 1 If factually connected cases are pending before different courts, the subsequently [...]
Art. 128 - 1 Any person who violates decency in court or disrupts the course of the proceedings [...]
Art. 129 - The proceedings shall be held in the official language of the canton in which the case is heard. [...]
Art. 130 - 1 Submissions must be filed with the court in the form of paper documents or [...]
Art. 131 - Submissions and their attachments in paper form must be filed once for the court and once for each [...]
Art. 132 - 1 The court shall set a deadline for rectifying formal defects such as a missing [...]
Art. 133 - The summons contains:
Art. 134 - Unless the law provides otherwise, the summons must be sent out at least 10 days prior to the date [...]
Art. 135 - If there is good reason, the court may postpone the date of an appearance. It may do [...]
Art. 136 - The court shall serve the persons concerned in particular with:
Art. 137 - If a party is represented, service is made to the representative
Art. 138 - 1 The summons, rulings and decisions are served by registered mail or by other means [...]
Art. 139 - 1 With the consent of the person concerned, summonses, rulings and decisions may be [...]
Art. 140 - The court may instruct parties with domicile or registered office abroad to provide a domicile for [...]
Art. 141 - 1 Service shall be effected by notice in the official gazette of the canton or in [...]
Art. 142 - 1 Limitation periods triggered by a communication or the occurrence of an event [...]
Art. 143 - 1 Submissions must be filed no later than the last day of the limitation period, [...]
Art. 144 - 1 Statutory limitation periods may not be extended
Art. 145 - 1 Statutory limitation periods or periods set by the court shall be [...]
Art. 146 - 1 If service is effected during suspension, the limitation period starts to run on [...]
Art. 147 - 1 A party is in default if he or she fails to accomplish a procedural act within the [...]
Art. 148 - 1 The court may on application grant a period of grace or summon the parties again [...]
Art. 149 - The court shall invite the opposing party to comment on the application and shall issue a final [...]
Art. 150 - 1 Evidence is required to prove facts that are legally relevant and [...]
Art. 151 - Evidence is not required in support of publicly known facts, facts known to the court and commonly [...]
Art. 152 - 1 Each party is entitled to have the court accept the evidence that he or she offers [...]
Art. 153 - 1 The court takes evidence ex officio whenever it must ascertain the facts [...]
Art. 154 - Before evidence is taken, the court issues the necessary rulings. They indicate, in particular, the [...]
Art. 155 - 1 The taking of evidence may be delegated to one or more members of the [...]
Art. 156 - The court shall take appropriate measures to ensure that taking evidence does not infringe the [...]
Art. 157 - The court forms its opinion based on its free assessment of the evidence taken
Art. 158 - 1 The court shall take evidence at any time if:
Art. 159 - If a legal entity is party to proceedings, its management bodies are deemed to be parties when [...]
Art. 160 - 1 Parties and third parties have a duty to cooperate in the taking of evidence. In [...]
Art. 161 - 1 The court shall advise the parties and third parties of their duty to cooperate, [...]
Art. 162 - The court may not infer from a party's or third party's legitimate refusal to cooperate that the [...]
Art. 163 - 1 A party may refuse to cooperate if:
Art. 164 - If a party refuses to cooperate without valid reasons, the court shall take this into account when [...]
Art. 165 - 1 The following persons have the right to refuse to cooperate:
Art. 166 - 1 Any third party may refuse to cooperate:
Art. 167 - 1 If a third party refuses to cooperate without justification, the court [...]
Art. 168 - 1 The following evidence is admissible:
Art. 169 - Any person who is not a party may testify on matters that he or she has directly [...]
Art. 170 - 1 Witnesses are summoned by the court
Art. 171 - 1 A witness shall be cautioned as to the requirement to tell the truth before being [...]
Art. 172 - The court shall ask witnesses:
Art. 173 - The parties may request that additional questions be put to the witness, or, with the consent of the [...]
Art. 174 - Witnesses may be confronted with each other or with the parties
Art. 175 - If a witness has special expertise, the court may also ask him or her questions about his or her [...]
Art. 176 - 1 The essential details of the statement shall be placed on record, which is then [...]
Art. 177 - The following are considered to be physical records: papers, drawings, plans, photos, films, audio [...]
Art. 178 - The party invoking a physical record must prove its authenticity if this is disputed by the opposing [...]
Art. 179 - Public registers and official records are conclusive evidence of the facts stated therein, unless [...]
Art. 180 - 1 A copy of the physical record may be produced in place of the original. The court [...]
Art. 181 - 1 At the request of a party or ex officio, the court may conduct an [...]
Art. 182 - A record must be kept of the inspection. If appropriate, the record shall include plans, drawings, [...]
Art. 183 - 1 At the request of a party or ex officio, the court may obtain an opinion [...]
Art. 184 - 1 The expert must tell the truth and must submit his or her opinion within the set [...]
Art. 185 - 1 The court shall instruct the expert and shall submit the relevant questions to [...]
Art. 186 - 1 With the authorisation of the court, the expert may carry out his or her own [...]
Art. 187 - 1 The court may order that the expert submits his or her opinion in writing or [...]
Art. 188 - 1 If the expert does not submit his or her opinion on time, the court may revoke the [...]
Art. 189 - 1 The parties may agree to obtain an arbitrator's opinion on the matters in [...]
Art. 190 - 1 The court may obtain information in writing from official [...]
Art. 191 - 1 The court may question one or both parties on the relevant facts of the [...]
Art. 192 - 1 The court may ex officio order one or both parties to give evidence [...]
Art. 193 - Article 176 applies by analogy to the record of the examination of the parties and the evidence [...]
Art. 194 - 1 Courts are obliged to provide mutual assistance
Art. 195 - Any court may carry out necessary procedural acts directly in another canton; in particular, it may [...]
Art. 196 - 1 The court may request mutual assistance. The request may be made in the official [...]
Art. 197 - Litigation shall be preceded by an attempt at conciliation before a conciliation [...]
Art. 198 - Conciliation proceedings are not held:
Art. 199 - 1 In financial disputes with a value in dispute of at least 100,000 francs, the [...]
Art. 200 - 1 In disputes relating to the tenancy and lease of residential and business [...]
Art. 201 - 1 The conciliation authority shall attempt to reconcile the parties in an informal [...]
Art. 202 - 1 Proceedings are initiated by an application for conciliation. The application may [...]
Art. 203 - 1 The hearing must take place within two months of receipt of the application or the [...]
Art. 204 - 1 The parties must appear in person at the conciliation hearing
Art. 205 - 1 The statements of the parties may not be recorded or used subsequently in court [...]
Art. 206 - 1 If the plaintiff is in default, the application for conciliation is deemed to have [...]
Art. 207 - 1 The costs of the conciliation proceedings are charged to the [...]
Art. 208 - 1 If an agreement is reached, the conciliation authority shall place on record the [...]
Art. 209 - 1 If no agreement is reached, the conciliation authority records this fact and [...]
Art. 210 - 1 The conciliation authority may submit a proposed judgment to the [...]
Art. 211 - 1 The proposed judgment is deemed to be accepted and has the effect of a binding [...]
Art. 212 - 1 In financial disputes with a value in dispute not exceeding 2,000 francs, the [...]
Art. 213 - 1 If all the parties so request, the conciliation proceedings shall be replaced by [...]
Art. 214 - 1 The court may recommend mediation to the parties at any time
Art. 215 - The parties are responsible for organising and conducting the mediation
Art. 216 - 1 Mediation proceedings are confidential and kept separate from the conciliation [...]
Art. 217 - The parties may jointly request that the agreement reached through mediation be approved. An [...]
Art. 218 - 1 The parties shall bear the costs of mediation
Art. 219 - The provisions of this Title apply to ordinary proceedings and, by analogy, to all other [...]
Art. 220 - The ordinary proceedings are initiated by filing the statement of claim
Art. 221 - 1 The statement of claim contains:
Art. 222 - 1 The court shall serve the defendant with the statement of claim and at the same [...]
Art. 223 - 1 If the statement of defence is not filed within the deadline, the court shall [...]
Art. 224 - 1 The defendant may file a counterclaim in the statement of defence if the claim [...]
Art. 225 - The court shall order a second exchange of written submissions if the circumstances so [...]
Art. 226 - 1 The court may hold instruction hearings at any time during the [...]
Art. 227 - 1 An amendment of the statement of claim is admissible if the new or amended claim [...]
Art. 228 - 1 Following the opening of the main hearing, the parties shall present their [...]
Art. 229 - 1 New facts and new evidence are admissible at the main hearings only if presented [...]
Art. 230 - 1 An amendment of the statement of claim at the main hearings is admissible only [...]
Art. 231 - After the party submissions, the court takes the evidence
Art. 232 - 1 After the evidence is taken, the parties may comment on the result of the evidence [...]
Art. 233 - The parties may jointly agree to dispense with the main hearing
Art. 234 - 1 In the event that a party fails to attend the main hearing, the court shall [...]
Art. 235 - 1 The court keeps a record of each hearing. This includes in [...]
Art. 236 - 1 If the court is in a position to make a decision, it shall close the proceedings [...]
Art. 237 - 1 The court may issue an interim decision if a higher court could issue a contrary [...]
Art. 238 - The decision contains:
Art. 239 - 1 The court may give notice of the decision to the parties without providing a [...]
Art. 240 - If so provided by the law or if it serves enforcement, the decision shall be published or notice [...]
Art. 241 - 1 If notice of a settlement, acceptance of the claim or withdrawal of the action is [...]
Art. 242 - If for any other reasons the proceedings end without a decision, the proceedings shall be [...]
Art. 243 - 1 Simplified proceedings apply in financial disputes with a value in dispute not [...]
Art. 244 - 1 The statement of claim may be filed in the forms provided for by Article 130 or [...]
Art. 245 - 1 If no grounds are stated for the action, the court shall serve the defendant with [...]
Art. 246 - 1 The court shall make the required procedural rulings so that if possible the [...]
Art. 247 - 1 By asking the appropriate questions, the court shall cause the parties to complete [...]
Art. 248 - Summary proceedings may be brought:
Art. 249 - Summary proceedings may be brought in particular in the following cases:
Art. 250 - Summary proceedings may be brought in particular in the following cases:
Art. 251 - The summary proceedings may be brought in particular in the following cases:
Art. 252 - 1 An application must be made to initiate proceedings
Art. 253 - If the request does not seem obviously inadmissible or unfounded, the court shall give the opposing [...]
Art. 254 - 1 Evidence must be provided in the form of physical records
Art. 255 - The court establishes the facts ex officio:
Art. 256 - 1 The court may dispense with a hearing and decide on the basis of the case files, [...]
Art. 257 - 1 The court shall declare the case admissible under the summary procedure [...]
Art. 258 - 1 Any person who holds title to immovable property may request the court to prohibit [...]
Art. 259 - Notice of the injunction must be published and affixed to the property in an easily visible [...]
Art. 260 - 1 Any person who is not prepared to recognise the injunction may file an opposition [...]
Art. 261 - 1 The court shall order the interim measures required provided the applicant shows [...]
Art. 262 - The court may order any interim measure suitable to prevent the imminent harm, in [...]
Art. 263 - If the principal action is not yet pending, the court shall set a deadline within which the [...]
Art. 264 - 1 The court may make the interim measure conditional on the payment of security by [...]
Art. 265 - 1 In cases of special urgency, and in particular where there is a risk that the [...]
Art. 266 - The court may order interim measures against periodically published media only [...]
Art. 267 - The court that orders the interim measure shall also take the required enforcement [...]
Art. 268 - 1 The interim measures may be modified or revoked if the circumstances have changed [...]
Art. 269 - The following provisions are reserved:
Art. 270 - 1 Any person who has reason to believe that an ex-parte interim measure, an [...]
Art. 271 - Subject to Articles 272 and 273, summary procedure applies to measures for protection of the marital [...]
Art. 272 - The court establishes the facts ex officio
Art. 273 - 1 The court shall hold a hearing. It may dispense with the hearing only if the [...]
Art. 274 - Divorce proceedings are initiated by submitting a joint request for divorce or by filing an action [...]
Art. 275 - Each spouse has the right to suspend the common household for the duration of the divorce [...]
Art. 276 - 1 The court shall order the necessary interim measures. The provisions concerning [...]
Art. 277 - 1 The principle of production of evidence applies in proceedings concerning the [...]
Art. 278 - The parties must appear in person at the hearing unless the court exempts them for reasons of [...]
Art. 279 - 1 The court shall approve the agreement on the effects of the divorce if it is [...]
Art. 280 - 1 The court shall approve an agreement on the equitable division of claims to the [...]
Art. 281 - 1 In the absence of an agreement, and if the relevant entitlements and pensions have [...]
Art. 282 - 1 The agreement or decision fixing the maintenance payments must [...]
Art. 283 - 1 The court rules on the effects of the divorce in the divorce [...]
Art. 284 - 1 The conditions and the material jurisdiction for adjusting a decision are governed [...]
Art. 285 - The joint submission of the spouses contains:
Art. 286 - 1 In their submission, the spouses must apply for the court to rule on the effects [...]
Art. 287 - If the submission is complete, the court shall summon the parties to a hearing. The conduct of the [...]
Art. 288 - 1 If the conditions for a divorce at joint request are fulfilled, the court shall [...]
Art. 289 - The divorce may only be contested by appeal on the grounds of lack of intent
Art. 290 - An action for divorce may be filed without a written statement of the grounds. It shall [...]
Art. 291 - 1 The court shall summon the parties to a hearing and establish whether there are [...]
Art. 292 - 1 The proceedings shall continue according to the provisions on divorce at joint [...]
Art. 293 - A divorce action may be changed to a separation action at any time prior to the court beginning its [...]
Art. 294 - 1 The procedure for actions for annulment and for separation is governed by analogy [...]
Art. 295 - Independent actions are decided in simplified proceedings
Art. 296 - 1 The court shall investigate the facts ex officio
Art. 297 - 1 The court hears the parents in person when ruling on matters relating to a [...]
Art. 298 - 1 The child is heard in person and in an appropriate way by the court or by a third [...]
Art. 299 - 1 If necessary, the court shall appoint a person experienced in welfare and legal [...]
Art. 300 - The child's representative may file applications and appellate remedies to the extent they [...]
Art. 301 - Notice is the decision is given:
Art. 301 - If maintenance payments are agreed in a maintenance agreement or in the decision, the agreement or [...]
Art. 302 - 1 Summary procedure applies in particular in the case of:
Art. 303 - 1 If paternity is established, the defendant may be ordered to deposit or advance [...]
Art. 304 - 1 The court that has jurisdiction to decide the paternity action shall also decide [...]
Art. 305 - Summary procedure applies in particular to:1
Art. 306 - Articles 272 and 273 apply by analogy to the procedure
Art. 307 - The provisions concerning the divorce proceedings apply by analogy to the dissolution and annulment [...]
Art. 307 - Where a person has adopted the minor child of his or her registered partner, Articles 295-302 apply [...]
Art. 308 - 1 An appeal is admissible against:
Art. 309 - An appeal is not admissible:
Art. 310 - The appeal may be filed on grounds of:
Art. 311 - 1 The appeal must be filed in writing and with a statement of the grounds with the [...]
Art. 312 - 1 The appellate court serves the appeal on the opposing party for its written [...]
Art. 313 - 1 The opposing party may file a cross appeal together with the answer to the [...]
Art. 314 - 1 If the decision was rendered in summary proceedings, the deadline for filing the [...]
Art. 315 - 1 The legal effect and enforceability of those parts of the contested decision to [...]
Art. 316 - 1 The appellate court may hold a hearing or decide on the basis of the case [...]
Art. 317 - 1 New facts and new evidence are considered only if:
Art. 318 - 1 The appellate court may:
Art. 319 - An objection is admissible against:
Art. 320 - An objection is admissible on the following grounds:
Art. 321 - 1 The objection must be filed in writing and with a statement of grounds with the [...]
Art. 322 - 1 The appellate court serves the objection on the opposing party so that he or she [...]
Art. 323 - Cross objections are not admissible
Art. 324 - The appellate court may invite the lower court to comment
Art. 325 - 1 The objection does not suspend the legal effect and enforceability of the [...]
Art. 326 - 1 New applications, new allegations of fact and new evidence are not [...]
Art. 327 - 1 The appellate court shall request the case files from the lower [...]
Art. 327 - 1 If the objection is against a decision of the enforcement court under Articles 38 [...]
Art. 328 - 1 A party may request the court that has decided as final instance to review the [...]
Art. 329 - 1 An application for a review must be filed in writing with a statement of the [...]
Art. 330 - The court shall serve the application for the review on the opposing party so that he or she may [...]
Art. 331 - 1 A request for a review does not suspend the legal effect and enforceability of the [...]
Art. 332 - The decision on the application for review may be challenged by way of objection
Art. 333 - 1 If the court upholds the request for a review, it shall quash its earlier decision [...]
Art. 334 - 1 If the conclusions of the decision are unclear, contradictory or incomplete, or if [...]
Art. 335 - 1 Decisions are enforced according to the provisions of this [...]
Art. 336 - 1 A decision is enforceable, if:
Art. 337 - 1 If the court making the decision has already ordered the necessary enforcement [...]
Art. 338 - 1 If the decision may not be directly enforced, a request for enforcement must be [...]
Art. 339 - 1 Mandatory jurisdiction to order the measures of enforcement or to suspend the [...]
Art. 340 - The enforcement court may order protective measures, if necessary without hearing the opposing party [...]
Art. 341 - 1 The enforcement court shall examine enforceability ex [...]
Art. 342 - Decisions providing for conditional performance or performance that is subject to [...]
Art. 343 - 1 If the decision provides for an obligation to act, refrain from acting or to [...]
Art. 344 - 1 If the decision relates to a declaration of intent, the enforceable decision takes [...]
Art. 345 - 1 The prevailing party may demand:
Art. 346 - Third parties may contest enforcement decisions by filing an objection if the decision affects their [...]
Art. 347 - Official records relating to any type of performance may be enforced in the same way as judicial [...]
Art. 348 - Official records are not directly enforceable if they concern performance:
Art. 349 - An enforceable record relating to performance in money is deemed to be a title setting aside an [...]
Art. 350 - 1 If the enforcement of a record relating to another form of performance is sought, [...]
Art. 351 - 1 The obligee may contest his or her obligation to render performance only if the [...]
Art. 352 - The judicial review of the performance due is reserved in every case. In particular the obligee may [...]
Art. 353 - 1 The provisions of this Part apply to the proceedings before arbitral tribunals [...]
Art. 354 - Any claim over which the parties may freely dispose may be the object of an arbitration [...]
Art. 355 - 1 The location of the arbitral tribunal shall be determined by the parties or by the [...]
Art. 356 - 1 The canton in which the arbitral tribunal is located shall designate a superior [...]
Art. 357 - 1 The arbitration agreement may relate to existing or future disputes arising from a [...]
Art. 358 - The arbitration agreement must be done in writing or in any other form allowing it to be evidenced [...]
Art. 359 - 1 If the validity of the arbitration agreement, its content, its scope or the proper [...]
Art. 360 - 1 The parties may freely agree on the number of arbitrators. In the absence of an [...]
Art. 361 - 1 The members of the arbitral tribunal shall be appointed as agreed by the [...]
Art. 362 - 1 If the arbitration agreement provides no other body for the appointment, or if [...]
Art. 363 - 1 A person asked to take the office of an arbitrator must disclose immediately any [...]
Art. 364 - 1 The arbitrators shall confirm acceptance of their office
Art. 365 - 1 The arbitral tribunal may appoint a secretary
Art. 366 - 1 The parties may limit the term of office in the arbitration agreement or in a [...]
Art. 367 - 1 A member of the arbitral tribunal may be challenged:
Art. 368 - 1 A party may challenge the arbitral tribunal if an opposing party has exerted a [...]
Art. 369 - 1 The parties may freely agree on the challenge procedure
Art. 370 - 1 Any member of the arbitral tribunal may be removed by a written agreement of the [...]
Art. 371 - 1 If an arbitrator must be replaced, the same procedure as for appointment applies, [...]
Art. 372 - 1 Arbitration proceedings become pending:
Art. 373 - 1 The parties may regulate the arbitration procedure:
Art. 374 - 1 The ordinary court or, unless the parties have otherwise agreed, the arbitral [...]
Art. 375 - 1 The arbitral tribunal takes the evidence itself
Art. 376 - 1 Arbitration may be initiated by or against joint parties if:
Art. 377 - 1 The arbitral tribunal has jurisdiction to decide the set-off defence, even if the [...]
Art. 378 - 1 The arbitral tribunal may order the advance of the presumed costs of the [...]
Art. 379 - If the plaintiff appears to be insolvent, the arbitral tribunal may at the defendant's request order [...]
Art. 380 - Legal aid is excluded
Art. 381 - 1 The arbitral tribunal decides:
Art. 382 - 1 All members of the arbitral tribunal must participate in the deliberations and [...]
Art. 383 - Unless the parties have agreed otherwise, the arbitral tribunal may limit the proceedings to certain [...]
Art. 384 - 1 The award contains details of:
Art. 385 - If the parties settle their dispute in the course of the arbitral proceedings, the arbitral tribunal [...]
Art. 386 - 1 Each party is served with notice of the award
Art. 387 - Once notice of the award has been given to the parties, it has the effect of a legally-binding and [...]
Art. 388 - 1 Each party may apply to the arbitral tribunal to:
Art. 389 - 1 An arbitral award is subject to objection to the Federal Supreme [...]
Art. 390 - 1 By express declaration in the arbitration agreement or in a subsequent agreement, [...]
Art. 391 - An objection is only admissible after the means of arbitral appeal provided for in the arbitration [...]
Art. 392 - An objection is admissible against:
Art. 393 - An arbitral award may be contested on the following grounds:
Art. 394 - After hearing the parties, the appellate court may remit the award to the arbitral tribunal, setting [...]
Art. 395 - 1 If the award is not remitted to the arbitral tribunal or if it is not rectified or [...]
Art. 396 - 1 A party may request the ordinary court that has jurisdiction under Article 356 [...]
Art. 397 - 1 The request for review must be filed within 90 days of discovery of the grounds [...]
Art. 398 - The procedure is governed by Articles 330 to 331
Art. 399 - 1 If the court approves the request for review, it shall set aside the arbitral [...]
Art. 400 - 1 The Federal Council shall issue the implementing provisions
Art. 401 - 1 The cantons may carry out pilot projects with the consent of the Federal [...]
Art. 402 - The repeal and amendment of existing legislation is dealt with in Annex 1
Art. 403 - The coordination of this Code with provisions of other enactments is dealt with in Annex [...]
Art. 404 - 1 Proceedings that are pending when this Code comes into force are governed by the [...]
Art. 405 - 1 Appellate remedies are governed by the law in force when notice of the decision is [...]
Art. 406 - The validity of an agreement on jurisdiction is governed by the law in force at the time of [...]
Art. 407 - 1 The validity of arbitration agreements concluded before the commencement of this [...]
Art. 407 - In proceedings that are pending when the Amendment of 28 September 2012 to this Code comes into [...]
Art. 407 - 1 The new law applies to proceedings that are pending when the Amendment of 20 March [...]
Art. 407 - 1 The new law applies to divorce proceedings that are pending when the Amendment of [...]
Art. 408 - 1 This Code is subject to an optional referendum
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