| Swiss Civil Code | |
|---|---|
 The first edition of the Swiss Civil Code, around 1907 | |
| Ratified | 10 December 1907 |
| Date effective | 1 January 1912 (current version as of 1 April 2016) |
| Location | SR 210 |
| Author(s) | Eugen Huber, Virgile Rossel, Brenno Bertoni |
| 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][6]
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Hernando de Soto on Swiss Law
Transcription
DE SOTO: Here he is. Eugen Huber, the man who literally changed Switzerland. He changed the rules of the game, and allowed it to move from a backward to a very forward-looking economy. There he is among the weeds. DANIEL GIRSBERGER: I don’t think that many people in Switzerland know the name Eugen Huber. NARRATOR: Daniel Girsberger is a professor of law at the University of Lucerne. GIRSBERGER: He was in some way a genius, who was able to draft a thousand article code all by himself. NARRATOR: He rooted the new law in the social contracts and customs that people already used. GIRSBERGER: “Das Gesetz muss aus dem Gedanken des Volkes gesprochen sein.” Or in English, “The law must be spoken from the thoughts of the people.” DE SOTO: For Eugen Huber, the source of the law was the voice of common people. And for him, it was also important that the law be simple enough to be understood by a common citizen. NARRATOR: The new civil code that Huber wrote at this desk standardized the rule of law in Switzerland. DE SOTO: He didn’t invent the law; he didn’t go to talk to a whole group of university professors to find out what they thought order should be like. He went to the grassroots to find out what people actually did, how they reached deals among themselves, what they understood to be the truth, what they believed in. Eugen Huber did that and converted Switzerland from a relatively poor country, to a relatively very rich country. (Music)
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.[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
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
References
- ^ "SR 21 Zivilgesetzbuch" (official website) (in German, French, and Italian). Berne, Switzerland. 10 September 1916. Retrieved 14 September 2016.
- ^ "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.
- ^ 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.
- ^ 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.
- ^ 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) - ^ 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
- ^ 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) - ^ "Swiss Civil Code". Encyclopædia Britannica. Retrieved 19 January 2009.
- ^ "SR 22 Obligationenrecht" (official website) (in German, French, and Italian). Berne, Switzerland: Swiss Federal Council. 10 September 1916. Retrieved 14 September 2016.
- ^ "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.
- ^ 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.
External links
- (in French) Bernhard Schnyder, "Code civil (CC)" in Dictionnaire historique de la Suisse, 02/08/2005.;
- English semi-official translation:
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This page was last edited on 16 February 2024, at 03:02