Switzerland; Switzerland -- Politics and government -- 1815-
There exists no federal land code in Switzerland. Contracts relating
to the sale and purchase of lands, easements, and mortgages are
governed by the law of each Canton. In general, all questions as to the
devolution of property, by will or upon intestacy, are regulated by the
Cantons, and not within the competence of the Confederation. There is
an official survey containing a plan of each Commune, with the parcels
of land, their areas, annual values, and peculiarities indicated, of
which any one may have a copy under a fixed schedule of charges. The
federal code of obligations, adopted in 1861, contains twenty-five
articles relating to leases of land. It was claimed at the time of the
passage of this law, by some of the ablest lawyers, to be an assumption
by the government of a very doubtful power, an interference with the
ownership of the soil, and the infringement of an exclusive right
guaranteed to the Cantons. The friends of the measure contended that
its provisions did not involve the title or ownership of realty, but
only had to do with the rights of persons, which clearly fell within
the competency of the Federal Assembly. This view obtained. While
it is difficult to examine this elaborate act and its far-reaching
provisions, without a conviction that it bears a very close and strong
relation to the ownership of soil, in the popular apprehension of that
term, still its satisfactory operation has silenced all opposition,
and it is now believed to be accomplishing desirable ends that could
not otherwise be so efficiently done. It may be of interest to note
some of the leading provisions of this law. All contracts for leases
are required to be written. If the farm be delivered to the tenant
in a condition unsuitable for the purpose for which it was rented,
the tenant may renounce the lease. If deteriorations or restrictions
not mentioned in the covenant take place, without the tenant’s fault,
he may demand proportionate reduction of rent or renounce the lease,
if proper restitution is not made within a reasonable time. Urgent
repairs of any kind, required during the lease, are to be made by the
tenant. The lessor has the right to retain all the movables belonging
to the farm, as security for the payment of his rent, for the past
current year. This, however, does not include effects, which, under
the laws relating to debt and bankruptcy, are exempt from execution.
The lessor has the right to appeal to the authorities to compel a
tenant, who threatens to abandon the farm before paying the rent, to
leave property behind him on the place in value sufficient to cover the
amount due. A tenant cannot be relieved from rent when, through his own
fault or even from any accident in which he was directly concerned,
he is unable to enjoy the use or benefit of the lease. If implements,
stock, etc., are included in the lease, each party must furnish the
other with a specific inventory duly subscribed, with an estimate of
their value.
Public-domain text, read in full here on John Shaqi.
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