Which areas are part of civil law in Switzerland?

They include, in particular, the law of persons, family law, inheritance law, property law, contract law and liability law. Some areas of company law are also considered part of private law.

What is the difference between the Swiss Civil Code and the Code of Obligations?

The Swiss Civil Code mainly governs persons, family, inheritance and property. The Code of Obligations deals in particular with contracts, claims, liability and companies.

Why does a civil dispute in Switzerland often begin with conciliation?

The conciliation authority aims to make a straightforward settlement possible and avoid unnecessary court proceedings. If conciliation fails, the dispute may proceed to court subject to the applicable conditions.

Civil law in Switzerland

Civil law in Switzerland governs private relationships between people and businesses. It covers individuals, family, inheritance, property, contracts and damages. Many rules are set out in the Swiss Civil Code and the Code of Obligations.

Tip

Put private agreements in writing, especially when money, housing, property or family matters are involved. Keep supporting documents and state clearly what you want the other party to do or stop doing. Before going to court, consider whether discussion, mediation or conciliation could produce a workable solution.

byLara&Luca

Civil law is also called private law. It governs legal relationships in which private parties generally deal with one another on equal terms. The state provides rules, registers, conciliation bodies and courts for this purpose. The Swiss Civil Code (Schweizerisches Zivilgesetzbuch), or ZGB, covers the law of persons, family law, inheritance law and property law. The Code of Obligations (Obligationenrecht), or OR, primarily governs contracts, liability and companies. Together, the two statutes form the core of Swiss private law. The law of persons concerns the legal status of natural persons and organizations. It protects, among other things, names and personality. Under certain conditions, associations and foundations also have their own rights and duties. Family law governs marriage, separation, divorce, parenthood, maintenance and adult protection. The child’s welfare is central. Authorities or courts intervene when protection and private arrangements are not enough. Inheritance law determines what happens to assets and debts after death. Intestate succession, a will and an inheritance contract are key concepts. Formal requirements, family circumstances and protected claims can limit estate planning. Property law governs ownership and possession of movable property and land. The land register plays an important role for land. Ownership confers extensive powers, but is limited by the rights of others and rules of public law. The Code of Obligations explains how claims arise, are fulfilled and end. Common grounds include contracts, damage caused and unjustified transfers of wealth. Anyone asserting a claim generally needs to be able to present and prove the relevant facts. Many civil disputes begin with an attempt at conciliation before a cantonal authority. If no agreement is reached, court proceedings may follow. A clear claim, complete evidence and the correct jurisdiction matter for both steps.