A. Related heirs B. Surviving spouse, surviving registered partner 2 C 465 repealed 2 D. Community 466 2
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1 Swiss Civil Code II Table of Contents Third Inheritance Law 1 First Division: Heirs Thirteenth Title: Legal Heirs Article Page A. Related heirs B. Surviving spouse, surviving registered partner 2 C 465 repealed 2 D. Community Fourteenth Title: Dispositions upon Death First Chapter: Capacity to Dispose A. will B. Testamentary contract C. Void dispositions Second Chapter: Freedom to Dispose A. Disposable portion B. Disinheritance Third Chapter: Kinds of Dispositions A. general B. Charges and conditions C. Naming as heir D. Legacy E. Substitution F. Appointment of a reversionary heir G. Foundations H. Testamentary contracts Paragraphs in of Articles 531, 544, 533, 554 will enter into force on January Swiss civil code II 2012 digitalisiert durch: IDS Basel Bern
2 Swiss Civil Code II Fourth Chapter: Forms of Dispositions A. Last wills B. Testamentary contracts C. Reduction of disposable portion Fifth Chapter: Executors A. Mandate B. Extent of the mandate Sixth Chapter: Nullity and Abatement of Dispositions A. Action for annulment B. Action in abatement Seventh Chapter: Actions Deriving from Testamentary Contracts A. Claims based on transfers inter vivos B. Hotchpot in case of renunciation agreement Second Division: Succession Fifteenth Title: Opening of the Succession A. Ground opening B. Place of opening C. Effects of opening D. Missing and presumed dead Sixteenth Title: Effects of Succession First Chapter: Protective Measures A. general B. Sealing of the estate C. Inventory D. Administration of the estate E. Reading of the last will Second Chapter: Acquisition of the Estate A. Acquisition B. Renunciation
3 Table of Contents Third Chapter: Public Inventory A. Prerequisites B. Procedure C. Situation of the heirs during the inventory D. Effects E. Liability for debts arising out of guarantees F Acquisition by the canton or municipality Fourth Chapter: Official Liquidation A. Prerequisites B. Procedure Fifth Chapter: Action for Recovery of an Inheritance A. Prerequisites B. Effects C. Statute of limitations D. Action by a legatee Seventeenth Title: Division of the Estate First Chapter: Community of Heirs Prior to Division A. Effects of the opening of the succession B. Right to division C. Deferral of the division D. Claims of household members Second Chapter: Method of Division A. general B. Rules of division C. Execution of the division a 41 D. Specific items Third Chapter: Hotchpot A. Duty to place into hotchpot B. Placing into hotchpot of incapacity or renunciation C. Conditions D. Costs of education E. Customary gifts
4 Civil Code II Fourth Chapter: Closing and Effects of the Division A. Execution of the agreement B. Liability between co-heirs C. towards third parties
5 Table of Contents Fourth Part: Property Law First Division: Ownership Eighteenth Title: General Provisions A. Nature of ownership a 49 B. Scope of ownership C. Collective ownership a 50 Nineteenth Title: Real Estate Ownership First Chapter: Object, Acquisition and Loss of Real Estate Ownership A. Object B. Acquisition C. Loss b 60 Second Chapter: Scope and Limitations on Real Estate Ownership A. Scope a 61 B. Restrictions on ownership C. Rights relating to sources and wells Third Chapter: Condominium-principled Ownership A. Nature and object 712a-712c 74 B. Establishment and end 712d-712f 75 C. Administration and usage 712g-712l 76 D. Organization 712m-712t 78 Twentieth Title: Chattel Ownership A. Object B. Methods of acquisition C. Loss
6 Swiss Civil Code II Second Division: Limited Rights in Rem Twenty-first Title: Easements and Real Estate Charges First Chapter: Easements A. Object B. Establishment and end C. Extent Second Chapter: Usufruct A. Usufruct B. Right of habitation C. Superficies I 97 D. Source right E. Other encumbrances F. Judicial measures 781a 100 Third Chapter: Real Estate Charges A. Object B. Establishment and end C. Content Twenty-second Title: The Real Estate Security Interest First Chapter: General Provisions A. Preconditions a 105 B. Establishment and end C. Effects Second Chapter: The Mortgage A. Purpose and nature B. Establishment and end C. Effects D. Statutory real estate security interest Third Chapter: The Mortgage Certificate A. General provisions B. Registered mortgage certificate C. Mortgage certificate on paper
7 Table of Contents Fourth Chapter: of Bonds with a Real Estate Security Interest A. Real estate bonds repealed 124 Twenty-third Title: The Chattel Pledge First Chapter: Pledge and Right of Retention A. Pledge B. Right of retention Second Chapter: Security Interest on Claims and Other Rights A. general B. Establishment C. Effects Third Chapter: A. Pawnbroker B. Loan secured by pawn C. Purchase with the right of repurchase D. Cantonal legislation Fourth Chapter: Debentures repealed Third Division: Possession and Real Estate Register Twenty-fourth Title: Possession A. Definition and types B. Transfer C. Legal significance Twenty-fifth Title: The Real Estate Register A. Organization B. Registration 144 C. Public nature of the Real Estate Register a 148 D. Effects E. Cancelation and modification of 974a
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