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]
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]
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.
^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)
^"SR 22 Obligationenrecht" (official website) (in German, French, and Italian). Berne, Switzerland: Swiss Federal Council. 10 September 1916. Retrieved 14 September 2016.