Property (Switzerland)
The Swiss Civil Code (ZGB) defines property as the right to dispose of a thing at will within the limits of the legal system. In Article 641 of the Swiss Civil Code states: "He who is owner of a thing, within the limits of the legal system can dispose of them at his pleasure he has the right to it by anyone who it deprives him to demand." ( Vindication ) "and each to ward off unjustified interference. "
Constitutional law
The property guarantee is stipulated in the Federal Constitution in Title 2, Chapter 1 (Basic Rights) in Article 26.
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Ownership guarantee:
- Paragraph 1 Ownership is guaranteed.
- Paragraph 2 Expropriations and property restrictions that are equivalent to expropriation are fully compensated.
State intervention in property must meet the requirements of Article 36 BV and must not undermine property as an institute. If the state carries out expropriations or imposes restrictions on property that are equivalent to expropriation, it must compensate those affected in full. According to a federal court ruling from 2005, a restriction of ownership can sometimes also be understood as a reduction in utility, which restricts the intended use of property and thus reduces the value of the property.
Case law of the Federal Supreme Court
According to the change in practice implemented with BGE 126 I 213, the street pusher should be able to defend himself against a traffic regime, which makes it impossible or excessively difficult for him to use his property as intended, by invoking the property guarantee. However, this also means, as the Federal Supreme Court has already indicated in the aforementioned decision, that the property guarantee does not protect the road bumpers from every annoying change in the traffic regime, but only from one that actually makes it impossible for them to use their property as intended.
Ownership types
Sole ownership, joint ownership and co-ownership form the three types of property under Swiss property law. The co-ownership can be divided into ordinary co-ownership and qualified co-ownership, so-called condominium ownership.
See also
credentials
- ↑ SR 210 Swiss Civil Code of December 10, 1907. Retrieved on March 31, 2019 .
- ↑ SR 101 Federal Constitution of the Swiss Confederation of April 18, 1999. Accessed on March 31, 2019 .
- ↑ Official website of the Swiss federal courts (see recital 1.3.3)
- ↑ Swiss Federal Court / Tribunal fédéral. Accessed March 31, 2019 .
- ↑ Differences between joint ownership and joint ownership ›joint ownership. Accessed March 31, 2019 .
