Voluntary jurisdiction (Switzerland)
As voluntary or non-contentious jurisdiction , the designated Swiss Civil Procedure procedure of civil law , which only have a party. The term voluntary jurisdiction is not defined in the law, but is used as known.
meaning
In contrast to the disputed proceedings - in which one party is usually in dispute with another - there are those in which the plaintiff has no counterparty. For example, legal proceedings are required to invalidate securities, but there is no opposing party that can be sued for this.
Legal consequences
Since proceedings with voluntary jurisdiction do not have conflicting interests, the law regulates various facilities for the plaintiff. Unless otherwise expressly regulated by law, the place of jurisdiction is the domicile or seat of the plaintiff. Instead of the ordinary, the summary procedure is sufficient.
However, since there is also no opposing party who could disclose errors in the presentation of the facts, the principle of investigation applies to proceedings under voluntary jurisdiction . In addition, decisions can be corrected retrospectively if they turn out to be wrong and provided that the law or legal certainty do not conflict with this.
See also
literature
- Manuel Hüsser: The judicial matters of the voluntary jurisdiction. Zurich studies on private law 247, Schulthess Verlag 2012. ISBN 978-3-7255-6566-5
Individual evidence
- ↑ a b Art. 19 ZPO. In: Systematic collection of federal laws. Retrieved February 9, 2012 .
- ↑ Art. 248 lit. e ZPO. In: Systematic collection of federal laws. Retrieved February 9, 2012 .
- ↑ Art. 255 lit. b ZPO. In: Systematic collection of federal laws. Retrieved February 13, 2012 .
- ↑ Art. 256 para. 2 ZPO. In: Systematic collection of federal laws. Retrieved February 13, 2012 .
