SCC Art. 241 -

Einleitung zur Rechtsnorm SCC:

Art. 241 SCC from 2024

Art. 241 1. On death or implementation of a different marital property regime

¹ If the community of property regime is dissolved by the death of a spouse or the implementation of a different marital property regime, each party or his or her heirs is entitled to one-half of the common property.

² A different method of division may be agreed by marital agreement.

³ Such agreements must not adversely affect the right to claim the statutory entitlements of the spouse’s issue.

⁴ Unless there is an instruction to the contrary in the marital agreement, agreements on a different method of division do not apply on the death of a spouse when divorce proceedings are pending that results in the surviving spouse losing his or her right to claim the statutory entitlement. ⁽¹⁾

Art. 241 Swiss Civil Code (ZGB) - Anwendung bei den Gerichten

Anwendung im Kantonsgericht