While the substantive law of Switzerland
is mostly federal, civil procedure law is cantonal. Each
canton has its own code of civil procedure. The organisation
of courts vary from one canton to another. However, some
basic rules of civil procedure are applicable in all cantons.
As a rule, each canton's procedural code
provides for two court levels, the courts of first instance
and the courts of appeal.
Most cantonal codes of civil procedure
also provide for a court of cassation, which can cancel
judgments issued by lower courts. Some civil procedure laws
provide special courts for commercial, lease and labour
conflicts.
The highest court of Switzerland is the
Federal Supreme Court in Lausanne. The function of the Federal
Supreme Court is to hear appeals of cantonal courts of the
administrative rulings of the federal administration. The
judges of the Federal Court are elected by the Federal Assembly
for six-year terms.
The Federal Parliament formally enacts
Swiss federal laws. Under the Federal Constitution, the
cantons are given lawmaking competence, unless a specific
provision confers this power to the Federal Assembly. Areas
of federal control include matters of national interest
such as defence and foreign affairs, fiscal policies, and
rail and postal services.
Swiss law is primarily statutory law.
Constitutional provisions take precedence over ordinary
statutes and administrative regulations. Such statutory
law can be found in the federal and cantonal corpus juris.
Decisions of a court are not binding on
other courts.
The private law primarily comprises civil
law and the law of obligations. Civil law, family law, estate
and property law were codified at the federal level in the
Swiss Civil Code in 1907.
The law of obligations covers contract
law, unjust enrichment (quasi contracts), torts, partnerships,
corporations and negotiable instruments. It was codified
in the Swiss Code of Obligations in 1881. These laws are
issued in German, French and Italian, but unofficial English
translations are available.
