Residence (Switzerland)

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The term of residence is defined in Switzerland in Art. 23  ZGB .

In order for a place to be considered a place of residence, it needs to be at that place with the intention of remaining there permanently. It is crucial where the focus of the life relationships is. According to Art. 23, Paragraph 2 of the Civil Code, nobody can have more than one place of residence in Switzerland ("unit of residence"), but they can have a second home .

Attending an educational institution, e.g. B. a university , or a second place of residence near the place of work is not sufficient according to Art. 26  ZGB to establish a place of residence. However, these people must register as weekly residents at their temporary place of residence, provided they stay there for longer than 3 months.

The jurisdiction of courts depends partly on the place of residence (see Art. 3  GestG). People who live in one place and work in another are believed to live with their families , even if they spend more time at work. According to Art. 25  ZGB, children have a place of residence that is derived from that of their parents.

The lack of a permanent residence (domestic or foreign ) represents an arrest due to asset sale of the debtor according to Art. 271 para. 1, line 1  SchKG . The presence of a foreign residence contrast, one of the requirements is a foreigner arrest in accordance with the so-called Art. 271 Para. 1 line 4 SchKG.

See also

Individual evidence

  1. second home wohn-sitz.ch, Lawmedia AG, accessed on April 26, 2016
  2. Ordinance on Admission, Residence and Employment, Article 16 (as of January 1, 2016)