The Swiss Code of Civil Procedure (ZPO) is a code of laws that defines the rules and procedures for civil proceedings in Switzerland. It regulates the course of legal proceedings in civil matters, such as disputes over contracts, claims for damages or family law. The Code of Civil Procedure contains provisions on the jurisdiction of the courts, the procedure of the proceedings, the presentation of evidence, the determination of judgments and the enforcement of judgments. It guarantees the parties a fair trial and serves to enforce legal claims. The ZPO is an important instrument for the settlement of disputes and for securing the legal order in Switzerland.
The articles ZPO
| Art. 1 General ProvisionsTitle 1 Subject Matter and Scope of ApplicationArt. 1Subject matter |
| Art. 2 International matters |
| Art. 3 Organisation of the courts and the conciliation authorities |
| Art. 4 Jurisdiction of the Courts and RecusalChapter 1 Material Jurisdiction and Functional Jurisdiction |
| Art. 5 Court of sole cantonal instance |
| Art. 6 Commercial Court |
| Art. 7 Disputes concerning insurance supplementary to social health insurance |
| Art. 8 Direct action before the higher court |
| Art. 9 Territorial Jurisdiction Section 1 General ProvisionsArt. 9Mandatory jurisdiction |
| Art. 10 Domicile and registered office |
| Art. 11 Residence |
| Art. 12 Establishment |
| Art. 13 Interim measures |
| Art. 14 Counterclaim |
| Art. 15 Joinder of parties and joinder of actions |
| Art. 16 Third party action |
| Art. 17 Agreement on jurisdiction |
| Art. 18 Acceptance by appearance |
| Art. 19 Non-contentious matters |
| Art. 20 Law of PersonsArt. 20Protection of personal privacy and data protection |
| Art. 21 Declaration of death and declaration of presumed death |
| Art. 22 Modification of the civil register |
| Art. 23 Family LawArt. 23Applications and actions based on marital law |
| Art. 24 Applications and actions in registered partnership matters |
| Art. 25 Actions relating to parent-child relationships |
| Art. 26 Actions for maintenance and assistance |
| Art. 27 Claims of the unmarried mother |
| Art. 28 Law of Succession |
| Art. 29 Property LawArt. 29Immovable property |
| Art. 30 Chattels |
| Art. 31 Actions in ContractArt. 31Principle |
| Art. 32 Consumer contracts |
| Art. 33 Tenancy and lease of immovable property |
| Art. 34 Employment Law |
| Art. 35 Waiver of statutory jurisdiction |
| Art. 36 Actions in TortArt. 36Principle |
| Art. 37 Damages for unjustified interim measures |
| Art. 38 Motor vehicle and bicycle accidents |
| Art. 39 Incidental civil claim |
| Art. 40 Commercial Law |
| Art. 41 |
| Art. 42 Mergers, demergers, transformations, transfers of assets and liabilities |
| Art. 43 Cancellation of securities and insurance policies, injunction against payment |
| Art. 44 Bonds |
| Art. 45 Collective investment schemes |
| Art. 46 Debt Enforcement and Bankruptcy Law |
| Art. 47 RecusalArt. 47Grounds for recusal |
| Art. 48 Duty to provide information |
| Art. 49 Application for recusal |
| Art. 50 Decision |
| Art. 51 Consequences of violating the regulations on recusal |
| Art. 52 Procedural Principles and Procedural RequirementsChapter 1 Procedural Principles |
| Art. 53 Right to be heard |
| Art. 54 Publicity |
| Art. 55 Principles of production of evidence and of ex-officio investigation |
| Art. 56 Court's duty to enquire |
| Art. 57 Ex-officio application of the law |
| Art. 58 Principles of non ultra petita and ex-officio assessment |
| Art. 59 Procedural RequirementsArt. 59Principle |
| Art. 60 Verification of compliance with the procedural requirements |
| Art. 61 Arbitration agreement |
| Art. 62 Pendency and Effects of Withdrawal of the ActionArt. 62Start of pendency |
| Art. 63 Pendency where the court has no jurisdiction or the procedure is incorrect |
| Art. 64 Effects of pendency |
| Art. 65 Effects of withdrawal |
| Art. 66 Parties and Participation of Third PartiesChapter 1 Capacity to be a Party and Capacity to take Legal Action |
| Art. 67 Capacity to take legal action |
| Art. 68 Representation of the PartiesArt. 68Representation by agreement |
| Art. 69 Inability to appear |
| Art. 70 Joinder of PartiesArt. 70Mandatory joinder |
| Art. 71 Voluntary joinder |
| Art. 72 Joint representation |
| Art. 73 Third Party InterventionSection 1 Principal Intervention |
| Art. 74 Accessory InterventionArt. 74Principle |
| Art. 75 Application |
| Art. 76 Rights of the Intervenor |
| Art. 77 Effect of intervention |
| Art. 78 Third Party Notice and Third Party ActionSection 1 Third Party NoticeArt. 78Principles |
| Art. 79 Standing of the third party |
| Art. 80 Effects of notice |
| Art. 81 Third Party ActionArt. 81Principles |
| Art. 82 Procedure |
| Art. 83 Substitution of a Party |
| Art. 84 ActionsArt. 84Action for performance |
| Art. 85 Action for an unquantified debt |
| Art. 86 Partial action |
| Art. 87 Action to modify a legal relationship |
| Art. 88 Action for a declaratory judgment |
| Art. 89 Group action |
| Art. 90 Combination of actions |
| Art. 91 Value in DisputeArt. 91Principle |
| Art. 92 Recurring usage or services |
| Art. 93 Joinder of parties and joinder of actions |
| Art. 94 Counterclaim |
| Art. 95 Costs and Legal AidChapter 1 Procedural CostsArt. 95Definitions |
| Art. 96 Tariffs |
| Art. 97 Advice on procedural costs |
| Art. 98 Advance payment of costs |
| Art. 99 Security for party costs |
| Art. 100 Nature and amount of security |
| Art. 101 Provision of advance and security |
| Art. 102 Advance for taking of evidence |
| Art. 103 Appellate remedy |
| Art. 104 Allocation and Settlement of Procedural CostsArt. 104Decision on costs |
| Art. 105 Determination and allocation of costs |
| Art. 106 General principles of allocation |
| Art. 107 Discretionary allocation |
| Art. 108 Unnecessary costs |
| Art. 109 Allocation in the event of a settlement |
| Art. 110 Appellate remedy |
| Art. 111 Recovery of costs |
| Art. 112 Deferment, waiver, prescription and interest |
| Art. 113 Special Provisions on CostsArt. 113Conciliation proceedings |
| Art. 114 Litigation proceedings |
| Art. 115 Obligation to bear costs |
| Art. 116 Exemption under cantonal law |
| Art. 117 Legal AidArt. 117Entitlement |
| Art. 118 Extent |
| Art. 119 Application and procedure |
| Art. 120 Revocation of legal aid |
| Art. 121 Appellate remedy |
| Art. 122 Recovery of costs |
| Art. 123 Reimbursement |
| Art. 124 Director of Proceedings, Procedural Acts and DeadlinesChapter 1 Director of proceedings |
| Art. 125 Simplification of proceedings |
| Art. 126 Suspension of proceedings |
| Art. 127 Transfer of connected cases |
| Art. 128 Procedural discipline and vexatious conduct |
| Art. 129 Forms of Procedural Acts Section 1 Language of the Proceedings |
| Art. 130 Party Submissions |
| Art. 131 Number of copies |
| Art. 132 Defective, querulous and abusive submissions |
| Art. 133 SummonsArt. 133Content |
| Art. 134 Timing |
| Art. 135 Postponement of appearance |
| Art. 136 Service of ProcessArt. 136Documents to be served |
| Art. 137 Service to a representative |
| Art. 138 Form |
| Art. 139 Electronic service |
| Art. 140 Domicile for service |
| Art. 141 Public notice |
| Art. 142 Limitation Periods, Default and RestitutionSection 1 Limitation Periods |
| Art. 143 Compliance |
| Art. 144 Extension |
| Art. 145 Suspension of limitation periods |
| Art. 146 Effects of suspension |
| Art. 147 Default and RestitutionArt. 147Default and consequences of default |
| Art. 148 Restitution |
| Art. 149 Restitution procedure |
| Art. 150 EvidenceChapter 1 General ProvisionsArt. 150Subject of evidence |
| Art. 151 Known facts |
| Art. 152 Right to evidence |
| Art. 153 Taking of evidence ex officio |
| Art. 154 Ruling on evidence |
| Art. 155 Taking of evidence |
| Art. 156 Safeguarding legitimate interests |
| Art. 157 Free assessment of evidence |
| Art. 158 Precautionary taking of evidence |
| Art. 159 Management bodies of a legal entity |
| Art. 160 Duty to Cooperate and Right to RefuseSection 1 General Provisions |
| Art. 161 Advice |
| Art. 162 Justified refusal to cooperate |
| Art. 163 The Parties' Right to RefuseArt. 163Right to refuse |
| Art. 164 Unjustified refusal |
| Art. 165 Third Parties' Right to RefuseArt. 165Absolute right to refuse |
| Art. 166 Limited right to refuse |
| Art. 167 Unjustified refusal |
| Art. 168 EvidenceSection 1 Admissible Evidence |
| Art. 169 TestimonyArt. 169Subject matter |
| Art. 170 Summons |
| Art. 171 Form of statement |
| Art. 172 Content of statement |
| Art. 173 Additional questions |
| Art. 174 Confrontation |
| Art. 175 Testimony of an expert witness |
| Art. 176 Transcript |
| Art. 177 Physical RecordsArt. 177Definition |
| Art. 178 Authenticity |
| Art. 179 Evidentiary force of public registers and official records |
| Art. 180 Production of physical records |
| Art. 181 InspectionArt. 181Procedure |
| Art. 182 Record |
| Art. 183 Expert OpinionArt. 183Principles |
| Art. 184 Rights and obligations of the expert |
| Art. 185 Mandate |
| Art. 186 Enquiries by the expert |
| Art. 187 Submission of the opinion |
| Art. 188 Default and inadequate performance |
| Art. 189 Arbitrator's opinion |
| Art. 190 Written Information |
| Art. 191 Examination of the Parties and Giving EvidenceArt. 191Examination of the parties |
| Art. 192 Giving evidence |
| Art. 193 Record |
| Art. 194 Mutual Assistance between Swiss CourtsArt. 194Principle |
| Art. 195 Procedural acts in another canton |
| Art. 196 Mutual assistance |
| Art. 197 Attempt at ConciliationChapter 1 Scope of Application and Conciliation Authority |
| Art. 198 Exceptions |
| Art. 199 Waiver of conciliation |
| Art. 200 Joint conciliation authorities |
| Art. 201 Tasks of the conciliation authority |
| Art. 202 Conciliation ProceedingsArt. 202Initiation |
| Art. 203 Hearing |
| Art. 204 Personal appearance |
| Art. 205 Confidentiality of proceedings |
| Art. 206 Default |
| Art. 207 Costs of conciliation proceedings |
| Art. 208 Agreement and Authorisation to ProceedArt. 208Agreement between the parties |
| Art. 209 Authorisation to proceed |
| Art. 210 Proposed Judgment and DecisionArt. 210Proposed judgment |
| Art. 211 Effects |
| Art. 212 Decision |
| Art. 213 MediationArt. 213Mediation instead of conciliation |
| Art. 214 Mediation during court proceedings |
| Art. 215 Organisation and conduct of mediation |
| Art. 216 Relationship with court proceedings |
| Art. 217 Approval of an agreement |
| Art. 218 Costs of mediation |
| Art. 219 Ordinary ProceedingsChapter 1 Scope of Application |
| Art. 220 Exchange of Written Submissions and Preparation for the Main Hearing Art. 220Initiation |
| Art. 221 Statement of claim |
| Art. 222 Statement of defence |
| Art. 223 Failure to file a statement of defence |
| Art. 224 Counterclaim |
| Art. 225 Second exchange of written submissions |
| Art. 226 Instruction hearing |
| Art. 227 Amendment of the statement of claim |
| Art. 228 Main Hearing Art. 228Opening party submissions |
| Art. 229 New facts and evidence |
| Art. 230 Amendment of the statement of claim |
| Art. 231 Taking of evidence |
| Art. 232 Closing submissions |
| Art. 233 Dispensing with the main hearing |
| Art. 234 Failure to attend the main hearing |
| Art. 235 Records |
| Art. 236 DecisionArt. 236Final decision |
| Art. 237 Interim decision |
| Art. 238 Content |
| Art. 239 Notice to the parties and statement of grounds |
| Art. 240 Notice and publication of the decision |
| Art. 241 Close of Proceedings without DecisionArt. 241Settlement, acceptance, withdrawal |
| Art. 242 Proceedings made groundless for other reasons |
| Art. 243 Simplified ProceedingsArt. 243Scope of application |
| Art. 244 Simplified statement of claim |
| Art. 245 Summons to a hearing and statement of defence |
| Art. 246 Procedural rulings |
| Art. 247 Establishment of facts |
| Art. 248 Summary ProceedingsChapter 1 Scope of ApplicationArt. 248Principle |
| Art. 249 Civil Code |
| Art. 250 Code of Obligations |
| Art. 251 Debt Enforcement and Bankruptcy Act of 11 April 1889 |
| Art. 251a Federal Act of 18 December 1987 on Private International Law |
| Art. 252 Procedure and DecisionArt. 252Application |
| Art. 253 Answer |
| Art. 254 Evidence |
| Art. 255 Principle of ex-officio investigation |
| Art. 256 Decision |
| Art. 257 Clear Cases |
| Art. 258 Court InjunctionArt. 258Principle |
| Art. 259 Notice |
| Art. 260 Opposition |
| Art. 261 Interim Measures and Protective LetterSection 1 Interim MeasuresArt. 261Principle |
| Art. 262 Subject matter |
| Art. 263 Measures ordered before the action becomes pending |
| Art. 264 Security and damages |
| Art. 265 Ex-parte interim measures |
| Art. 266 Measures against the media |
| Art. 267 Enforcement |
| Art. 268 Modification and revocation |
| Art. 269 Reservation |
| Art. 270 Protective Letter |
| Art. 271 Special Proceedings in Marital LawChapter 1 Summary ProceedingsArt. 271Scope of Application |
| Art. 272 Principle of ex-officio investigation |
| Art. 273 Procedure |
| Art. 274 Divorce Proceedings Section 1 General Provisions Art. 274Initiation |
| Art. 275 Suspension of the common household |
| Art. 276 Interim measures |
| Art. 277 Establishment of facts |
| Art. 278 Personal appearance |
| Art. 279 Approval of the agreement |
| Art. 280 Agreement on occupational pension benefits |
| Art. 281 |
| Art. 282 Maintenance payments |
| Art. 283 Unity of decision |
| Art. 284 Adjusting the binding effects of divorce |
| Art. 285 Divorce at Joint RequestArt. 285Submission in the case of comprehensive agreement |
| Art. 286 Submission in the case of partial agreement |
| Art. 287 Hearing of the parties |
| Art. 288 Continuation of the proceedings and decision |
| Art. 289 Appellate remedies |
| Art. 290 Action for DivorceArt. 290Filing the action |
| Art. 291 Conciliation hearing |
| Art. 292 Change to divorce at joint request |
| Art. 293 Amendment of the action |
| Art. 294 Actions for Annulment and Separation |
| Art. 295 Proceedings relating to Children in Family Law MattersChapter 1 General Provisions |
| Art. 296 Principles of ex-officio investigation and assessment |
| Art. 297 Hearing of the parents and mediation |
| Art. 298 Hearing the child |
| Art. 299 Appointing a representative for the child |
| Art. 300 Competence of the representative |
| Art. 301 Notice of the decision |
| Art. 301a Maintenance payments |
| Art. 302 |
| Art. 303 Interim measures |
| Art. 304 Jurisdiction |
| Art. 305 Proceedings relating to Same-Sex Partnerships Chapter 1 Summary Procedure |
| Art. 306 Procedure |
| Art. 307 Dissolution and Annulment of Same-Sex Partnerships |
| Art. 307a Proceedings relating to Children in connection with Same-Sex Partnerships |
| Art. 308 AppealSection 1 Decisions that may be contested and Grounds for Appeal |
| Art. 309 Exceptions |
| Art. 310 Grounds for appeal |
| Art. 311 Appeals, Answers to the Appeal and Cross AppealsArt. 311Filing of appeal |
| Art. 312 Answer to the appeal |
| Art. 313 Cross appeal |
| Art. 314 Summary proceedings |
| Art. 315 Effects and Procedure of an AppealArt. 315Suspensive effect |
| Art. 316 Procedure before the appellate court |
| Art. 317 New facts and new evidence; Amendment of claim |
| Art. 318 Decision |
| Art. 319 Objections Art. 319Object of objection |
| Art. 320 Grounds for an objection |
| Art. 321 Filing an objection |
| Art. 322 Answer to the objection |
| Art. 323 Cross objections |
| Art. 324 Comments of the lower court |
| Art. 325 Suspensive effect |
| Art. 326 New applications, new facts and new evidence |
| Art. 327 Procedure and decision |
| Art. 327a Enforcement declaration under the Lugano Convention |
| Art. 328 ReviewArt. 328Grounds for review |
| Art. 329 Deadlines and form |
| Art. 330 Response by the opposing party |
| Art. 331 Suspensive effect |
| Art. 332 Decision on the review application |
| Art. 333 New decision on the merits |
| Art. 334 Explanation and Rectification |
| Art. 335 EnforcementChapter 1 Enforcement of Decisions Art. 335Scope of application |
| Art. 336 Enforceability |
| Art. 337 Direct enforcement |
| Art. 338 Request for enforcement |
| Art. 339 Jurisdiction and procedure |
| Art. 340 Protective measures |
| Art. 341 Examination of enforceability and hearing the unsuccessful party |
| Art. 342 Enforcement of conditional performance or performance subject to counter-performance |
| Art. 343 Obligation to act, refrain from acting or to tolerate |
| Art. 344 Declaration of intent |
| Art. 345 Damages and conversion into money |
| Art. 346 Appellate remedy for third parties |
| Art. 347 Enforcement of Official RecordsArt. 347Enforceability |
| Art. 348 Exceptions |
| Art. 349 Records relating to performance in money |
| Art. 350 Records relating to other forms of performance |
| Art. 351 Proceedings before the enforcement court |
| Art. 352 Judicial review |
| Art. 353 ArbitrationTitle 1 General Provisions Art. 353Scope of application |
| Art. 354 Arbitrability |
| Art. 355 Location of the arbitral tribunal |
| Art. 356 Competent ordinary courts |
| Art. 357 Arbitration agreement |
| Art. 358 Form |
| Art. 359 Challenging the arbitral tribunal's jurisdiction |
| Art. 360 Constitution of the Arbitral TribunalArt. 360Number of arbitrators |
| Art. 361 Appointment by the parties |
| Art. 362 Appointment by the ordinary court |
| Art. 363 Duty to disclose |
| Art. 364 Acceptance of office |
| Art. 365 Secretary |
| Art. 366 Term of office |
| Art. 367 Challenge, Removal and Replacement of ArbitratorsArt. 367Rejection of an arbitrator |
| Art. 368 Challenging the arbitral tribunal |
| Art. 369 Challenge procedure |
| Art. 370 Removal |
| Art. 371 Replacement of an arbitrator |
| Art. 372 Arbitration ProceedingsArt. 372Pendency |
| Art. 373 General rules of procedure |
| Art. 374 Interim measures, security and damages |
| Art. 375 Taking of evidence and participation of the ordinary court |
| Art. 376 Joinder of parties, joinder of actions and participation of third parties |
| Art. 377 Set-off and counterclaim |
| Art. 378 Advance of costs |
| Art. 379 Security for party costs |
| Art. 380 Legal aid |
| Art. 381 Arbitral AwardArt. 381Applicable law |
| Art. 382 Deliberations and decision |
| Art. 383 Interim and partial awards |
| Art. 384 Content of the award |
| Art. 385 Agreement between the parties |
| Art. 386 Notice and deposit |
| Art. 387 Effect of the award |
| Art. 388 Correction, explanation and amendment of the award |
| Art. 389 Appellate RemediesChapter 1 ObjectionsArt. 389Objection to the Federal Supreme Court |
| Art. 390 Objection to the cantonal court |
| Art. 391 Subsidiarity |
| Art. 392 Challengeable awards |
| Art. 393 Grounds for objection |
| Art. 394 Remit for rectification or amendment |
| Art. 395 Decision |
| Art. 396 ReviewArt. 396Grounds for review |
| Art. 397 Deadlines |
| Art. 398 Procedure |
| Art. 399 Remit to the arbitral tribunal |
| Art. 400 Final ProvisionsTitle 1 Implementation Art. 400Principles |
| Art. 401 Pilot projects |
| Art. 402 Amendment of LegislationArt. 402Repeal and amendment of current legislation |
| Art. 403 Coordination provisions |
| Art. 404 Continued application of the previous law |
| Art. 405 Appellate remedies |
| Art. 406 Agreement on jurisdiction |
| Art. 407 Arbitration |
| Art. 407a Transitional Provision to the Amendment of 28 September 2012 |
| Art. 407b Transitional Provision to the Amendment of 20 March 2015 |
| Art. 407c |
| Art. 408 Referendum and Commencement |
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