Art. 241 SCC from 2024
Art. 241 1. On death or implementation of a different marital property regime
1 If the community of property regime is dissolved by the death of a spouse or the implementation of a different marital property regime, each party or his or her heirs is entitled to one-half of the common property.
2 A different method of division may be agreed by marital agreement.
3 Such agreements must not adversely affect the right to claim the statutory entitlements of the spouse’s issue.
4 Unless there is an instruction to the contrary in the marital agreement, agreements on a different method of division do not apply on the death of a spouse when divorce proceedings are pending that results in the surviving spouse losing his or her right to claim the statutory entitlement. (1)
(1) Inserted by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
