Office writing
The Office writing belongs in Canton Solothurn for voluntary jurisdiction .
Legal bases
The clerks are already mentioned in Art 5 of the Solothurn Constitution of 1887.
Based on the authorization in Art 52 of the final title of the Swiss Civil Code of December 10, 1907 with the law of the Solothurn Cantonal Council of April 4, 1954, certain responsibilities of the civil status, guardianship and land registry offices were assigned to official writing. The management is regulated by the official writing regulation of the higher court of the canton Solothurn from 1958.
Jurisdiction and Procedure
The business area of official writing includes the land registry, the property law registry and the inheritance office as well as public notarizations. In particular, the certification of facts and declarations of intent is the responsibility of the notaries .
The office clerks are also debt enforcement and bankruptcy offices.
In the area of inheritance law, the official writing department prepares so-called inheritance inventories, which are then negotiated with the heirs and through the i. d. Usually signed with approval. In addition to these tasks, the office clerk identifies family members and creates family trees for this purpose. Not infrequently, however, no inventories of an estate are drawn up if it is certain that the testator left less than CHF 30,000 or CHF 40,000 for married couples. In these cases, so-called certificates of lack of assets are issued (which does not, however, per se mean a renunciation of the inheritance).
In the area of property law, the office clerk deals with legal transactions relating to real estate. It draws up and notarizes purchase contracts , donations and lifelong assignments from parents to children over land. It draws up so-called easement contracts, with which a property with a limited right in rem is encumbered in favor of another property or a person.
So that condominiums as such can exist at all, the office clerk sets up so-called condominium justifications. With these deeds, new land register numbers are assigned to each apartment, making these apartments tradable like land.
In the area of debt enforcement and bankruptcy law, the official clerks receive the debt enforcement requests and process them. In this phase it is decided whether the enforcement has to pursue seizure, realization of the pledge or bankruptcy.
In commercial law, the commercial register receives the company's founding files that have been prepared for registration and checks their compliance with the law.
Web links
- Ordinance on the training of specialists in official writing of the Solothurn Cantonal Council of July 4, 2005 (as of January 1, 2016)
- Portrait of Amtschreiberei Thierstein website accessed on June 15, 2016
- The official clerk has never been so busy Solothurner Zeitung , January 26, 2012
Individual evidence
- ^ Constitution of the Canton of Solothurn of October 23, 1887
- ↑ Swiss Civil Code of December 10, 1907 (as of April 1, 2016)
- ↑ § 2 Law on the Introduction of the Swiss Civil Code of April 4, 1954 (as of January 1, 2011)
- ↑ Ordinance on the management of the official writing office (Amtschreibereiverordnung) of February 17, 1958 (as of May 1, 2012)
- ↑ § 1 Office Writing Ordinance
- ↑ § 1 Notarial Ordinance of the Government Council of the Canton of Solothurn of August 21, 1959 (as of February 1, 2011)
- ↑ § 21 Law on the Organization of the Government Council and Administration (Government and Administrative Organization Law RVOG) of the Solothurn Cantonal Council of February 7, 1999 (as of January 1, 2013)
