History of state and law of foreign countries. Development of bourgeois civil law: Swiss Civil Code (most important)

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History of state and law of foreign countries. Development of bourgeois civil law: Swiss Civil Code (most important)

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Development of bourgeois civil law: Swiss civil code

The civil legislation of the bourgeois countries of that time developed intensively and all steps in various areas of legislation influenced its development.

In the development of bourgeois civil law, a new step in the period of imperialism was Swiss Civil Code 1907 The political fragmentation of the Swiss cantons for a long time prevented the creation of a single legal complex of the Swiss Federation and left its mark on the content of the code: the codification of civil law, carried out with its entry into force, was carried out without significant reforms.

Swiss Civil Code 1907 BC appeared first in 4 books, then in 1911 BC a revision of the law of obligations was made, and the new law on obligations became, in essence, the fifth book of the Code.

Art. 1st Code, which determined: "If a corresponding provision cannot be found in the law, then the judge must decide the case on the basis of customary law, and in the absence of such, according to the rule that he would establish as a legislator."

Not without the influence of the German Code, Swiss Code requires each of the counterparties to adhere to "good conscience"; both codes state that liability for damage (harm) arises only if there is a fault of the tortfeasor; as there, so "the mortgage of movable property is recognized as legitimate here: according to the German Civil Code - ships, according to the Swiss Code - livestock.

But, of course, there were many different things, otherwise the Swiss Code would not have deserved to be mentioned. While like Germany retained the Commercial Code as "close to the German heart", the Swiss law of obligations, breaking traditions, began to regulate trade relations in all their complexity. The Swiss Civil Code simplified the procedure for the emergence of capitalist associations (it is enough to enter it in the commercial register - Art. 52), gave them complete freedom of action, provided (in the interests of industry) that the owner of real estate (land) "is obliged to allow the laying of water pipes, pipes ... and underground wires", although for "full preliminary compensation for damages" (Article 691). As far as trade is concerned, the Swiss Civil Code permits and regulates the sale on credit (with installment payment), which is so common today. While the German Civil Code abandoned the presumption of the percentage of loan transactions, leaving the decision of each individual case to the court, the Swiss Civil Code established the presumption of the percentage of commercial transactions and interest-free non-commercial transactions. Finally, in contrast to the German Civil Code, the Swiss Code ruled that the sale breaks the lease, that is, it allows the new owner of the premises to expel the tenant or require him to change the terms of the lease.

With regard to inheritance law, the Swiss Civil Code somewhat limits the circle of legal heirs (compared to the German Civil Code), provides significant advantages to the surviving spouse, establishes an inalienable share for descendants (3/4 of the inheritance), parents, and brothers and sisters heir. Recognition by the father of illegitimate children was not allowed.

Thus, the Swiss Civil Code played a significant role in the development of bourgeois civil law, since it served to unify the unified legal field of Switzerland.

Author: Selyanin A.V.

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