Swiss legal glossary

Matrimonial property settlement

A matrimonial property settlement occurs on divorce or a spouse's death and allocates assets between the spouses.

Separation of property

Separation of property can also be agreed. Each spouse's assets remain entirely separate, and each is responsible for their own debts.

Separation of property can also be ordered as an extraordinary regime on a spouse's application for compelling reasons. Art. 185 ZGB lists grounds including a spouse's lasting incapacity of judgement or overindebtedness.

Community of property

Community of property may be agreed by marriage contract. Almost all assets become common property, apart from separate property. Common property is administered jointly; each spouse may dispose independently of their separate property.

Participation in acquired property

Participation in acquired property applies unless the spouses agree otherwise.

Each spouse's separate property is distinguished from acquired property. Acquired property consists of assets earned during marriage. Separate property is not shared in the settlement and includes gifts and inheritances. In cases of doubt, an asset is classified as acquired property.

In a matrimonial property settlement, each spouse retains separate property, while acquired property is generally divided equally.

Protective measures within marriage

Protective measures within marriage are court orders regulating married life or separation. They can address maintenance, use of the family home and children's matters.

Proceedings for protective measures do not end the marriage and must be distinguished from divorce.

Parental responsibility

Parental responsibility covers fundamental decisions about a minor child, including upbringing, education and medical care. The child's best interests are central.

Parental responsibility and day-to-day care differ: joint parental responsibility does not automatically mean equal care.

Day-to-day care

Day-to-day care means everyday childcare and living with the child. Separated parents may arrange primary care by one parent or alternating care by both.

The appropriate care arrangement depends on the child's best interests and the family's circumstances.

Child maintenance

Child maintenance covers a child's needs. Parents contribute through care, upbringing and financial payments. Assessment considers the child's needs and the parents' financial capacity.

Caregiving maintenance may apply in addition to cash maintenance. The amount cannot be calculated solely as a fixed percentage of income.

Termination without notice

Extraordinary termination, often called termination without notice, ends the contract without observing statutory or contractual notice periods. Compelling reasons making continuation unreasonable are required.

Debt enforcement

Anyone can initiate debt enforcement against another person by submitting a request to the debt enforcement office stating the parties' names and addresses, the amount and the basis of the claim.

Act quickly if you receive debt enforcement papers. Missing the 10-day objection deadline often makes the process more complicated and costly.

Formal requirements

Swiss law generally permits freedom of form, allowing parties to choose how to conclude a contract. However, certain contracts have statutory formal requirements, such as:

• Simple written form The essential contractual terms must be in writing, and the party undertaking an obligation must sign by hand.

• Qualified written form
  Qualified written form requires an additional formality beyond simple written form. A handwritten will is an example: the entire text must be written by hand.

• Public notarisation
  This is the strictest formal requirement. A notary must publicly record the agreement. Property purchase agreements require this form.

Movable property

Movable property means assets or objects that can be moved.

A car is movable property; a house is not.

Ordinary termination

Ordinary termination observes the statutory and contractual notice periods.

You give notice on your rented apartment in Zurich at the end of December, observing a 3-month period ending in late March.

Conciliation authority

Most claims cannot be filed directly with a court. Conciliation proceedings must first take place before the competent authority.

The claimant must generally attend conciliation personally. The authority attempts to reach agreement. If unsuccessful, it issues authorisation to proceed.

With this authorisation, a claim may generally be filed with the competent court within 3 months.

Universal succession

Universal succession is particularly relevant in inheritance law: on death, the entire estate passes automatically to the heirs as a community of heirs.

Assignment

Transfer of a claim from the original creditor to a new creditor.

Freedom of contract

Freedom of contract generally allows parties to choose whether, with whom and on what terms to contract. Mandatory statutory provisions set limits.

Not every agreed clause is valid. Employment and tenancy law in particular contain protective rules that cannot freely be varied by contract.

General terms and conditions (GTC)

General terms and conditions are pre-formulated provisions used for multiple contracts. They must be validly incorporated into an agreement to become part of it.

A link to general terms does not always replace clear agreement. Unusual or ambiguous clauses may also pose legal problems.

Default

Default occurs when a due obligation is not performed on time under the applicable legal conditions. A reminder is often required, but may be unnecessary for certain agreed deadlines.

Late payment may lead to default interest and other consequences. The contract and applicable statutory rules are decisive.

Warranty for defects

Warranty means statutory or contractual responsibility for defective performance, such as a purchased item or completed work. Claims depend on the contract type and circumstances.

Notification of defects and deadlines can be decisive. A voluntary guarantee is not automatically equivalent to statutory warranty rights.

Limitation period

Limitation restricts judicial enforcement of a claim after a specified period. The claim generally does not cease to exist, but the debtor may invoke limitation.

Limitation periods vary by claim. Certain acts may interrupt the period.

Statutory succession

Statutory succession determines who inherits where no valid testamentary arrangement provides otherwise. Family relationships and a surviving spouse or registered partner are particularly relevant.

Inheritance entitlements depend on family relationships. An unmarried partner does not inherit by law solely because of the relationship.

Compulsory portion

A compulsory portion is the legally protected share of certain heirs. Testamentary dispositions generally must respect it unless a statutory exception or valid waiver applies.

Compulsory portions and statutory inheritance shares are different concepts. Estate planning must assess which relatives enjoy compulsory portion protection.

Will

A will is a unilateral testamentary disposition regulating an estate within statutory limits. Specific formal requirements apply.

A handwritten will must generally be written entirely by hand, dated and signed. A printed document with a signature is insufficient.

Inheritance agreement

An inheritance agreement is a contractual testamentary disposition. It can bind parties to inheritance benefits or waivers and is subject to special formal requirements.

Unlike a will, an inheritance agreement cannot simply be revoked unilaterally. Assess its binding effect before signing.

Advance care directive

An advance care directive lets a person with legal capacity specify who will handle personal care, financial affairs or legal representation if they lose capacity of judgement. Special formal requirements apply.

An advance care directive differs from an ordinary power of attorney. On incapacity of judgement, the adult protection authority checks the statutory requirements.

Living will

In a living will, a person with capacity of judgement specifies medical treatments they accept or refuse if later unable to decide. They may also designate someone to participate in medical decisions.

A living will concerns medical treatment. It does not replace broader arrangements for financial affairs through an advance care directive.

Contractual overtime and statutory excess hours

Overtime means hours beyond agreed or customary working time. Excess hours refer to work beyond statutory maximum working hours where the Labour Act applies.

The distinction matters because different rules may apply to compensation. Not every additional hour constitutes work beyond statutory maximum hours.

Abusive termination

Termination may be abusive if based on a prohibited motive. In employment law, this can give rise to compensation but generally does not automatically invalidate the termination.

Abusive termination differs from termination during a statutory protected period. Short deadlines apply to claims.

Rent

Rent is payment for the use of rented property. Residential and commercial premises are subject to specific rules on setting, adjusting and challenging rent.

Rent increases and reductions are not solely matters of agreement. Statutory conditions, form and deadlines may apply.

Reference interest rate

The mortgage reference interest rate is a calculation basis for certain Swiss rent adjustments. Changes may allow an adjustment depending on the circumstances.

A reference rate change does not automatically adjust every tenancy. The previous calculation basis and other cost factors matter.

Objection to debt enforcement

An objection disputes the debt or the right to pursue it through debt enforcement. A timely objection initially stops further enforcement.

An objection does not finally determine whether a debt exists. The creditor must have it removed through the prescribed procedure to continue enforcement.

Removal of an objection

Removal of an objection is a court procedure used where specified evidence of a debt exists. Swiss law distinguishes final and provisional removal.

The available objection-removal procedure depends on the title presented, such as an enforceable judgment or acknowledgment of debt.

Burden of proof

The burden of proof determines which party bears the consequences if a legally relevant fact cannot be established. In civil law, the party deriving rights from a fact generally must prove it, subject to statutory exceptions.

A person demanding payment must set out and, where necessary, prove the facts supporting the claim. Contracts, correspondence and payment records may be important.

Interim measures

Interim measures are provisional court orders protecting a threatened right, for example to prevent harm that would be difficult to reverse before a final decision.

An interim measure does not generally predetermine the final judgment. Urgency and other legal requirements must be assessed.

Personal data

Personal data is information relating to an identified or identifiable natural person, such as names, contact details, location data or an attributable customer number.

Information without a person's name can still be personal data if the person can be identified with reasonable effort.

Sensitive personal data

Sensitive personal data concerns statutory categories such as health, religious or political views and certain biometric or genetic data. Additional safeguards may apply.

Medical findings require particular care. Duties depend on the processing and applicable data protection rules.

Privacy notice

A privacy notice informs individuals about processing of personal data, including the controller, purposes and other legally required information.

A privacy notice should reflect actual processes. A general template not adapted to services and data flows may be insufficient.