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Swiss Civil Code

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Swiss Civil Code
The first edition of the Swiss Civil Code, around 1907
Ratified10 December 1907
Date effective1 January 1912 (current version as of 1 April 2016)
LocationSR 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]

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

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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

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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

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References

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  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. ^ a b Frédéric Koller (13 September 2016). "Quand la Suisse inspire la modernisation du droit chinois". Le temps (in French). Lausanne, Switzerland. Retrieved 14 September 2016.
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