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The Civil Jurisdiction of Swiss Courts.

The main aim of the civil judiciary in Switzerland is to provide support for the legal system in the sphere of private law. The author notes that there are numerous civil courts whose field of competence encompasses only those cases for which one or another specialized judicial body was formed to handle. The procedure of civil justice is carried out mainly within the framework of canton legislation. All of the Swiss cantons have adopted their own Civil Procedural Codes and laws concerning the judiciary. The norms of the Civil Procedural Codes of the cantons are also applicable in the examination of cases in the Swiss Federal Court. The civil judicial system draws a distinction between classical claim procedure and special procedure. The first finds expression in civil proceedings with two opposing parties (the respondent and the claimant), while the aim of the latter is to establish facts related to private law. The author also looks at the basic principles under which the civil judiciary procedures of Switzerland operate, at the procedural specifics of the judicial system and other questions that have both practical and cognizable significance.

Yu.S. Pilipenko

Source publication: Legislation and Economics [Zakonodatelstvo i ekonomika], 2000, No.4

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