Possession (Switzerland)

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The basic regulations on ownership in the Swiss Civil Code (ZGB) are similar to ownership as found in the German BGB .

According to part of the Swiss teaching on the Civil Code, however, ownership is not required. Possession is a purely factual relationship, the existence of which depends on the prevailing public opinion. It is partly assumed, among other things, that “actual violence” already contains the will and that the will to own is not a separate element of ownership.

Individual evidence

  1. ↑ cf. on this for many: Peter Tuor: The Swiss Civil Code , 432 ff., which also refers to the fact that Eugen Huber took a slightly different point of view in this regard.

literature