SCC Art. 728 -

Einleitung zur Rechtsnorm SCC:

Art. 728 SCC from 2022

Art. 728 VII. Adverse possession

¹ If a person has possessed a chattel belonging to another person uninterruptedly and without challenge for five years believing in good faith that he or she owns it, he or she becomes its owner by adverse possession.

1bis In the case of animals kept as pets rather than for investment or commercial purposes, the period is two months. ⁽¹⁾

1ter Subject to exceptions prescribed by law, the time limit for adverse possession in the case of objects of cultural heritage within the meaning of Art. 2 para. 1 of the Cultural Property Transfer Act of 20 June 2003 ⁽²⁾ is 30 years. ⁽³⁾

² Involuntary loss of possession does not interrupt adverse possession provided the possessor regains the chattel within one year or by means of legal action brought within the same time limit.

³ The computation, interruption and suspension of adverse possession time limits are governed mutatis mutandis by the provisions on the prescription of debts.