Swiss Passport

Having a say: rights and obligations · Laws and prohibitions

Federal Constitution, ZGB, OR, StGB

Topic

The constitution of Switzerland is called the Federal Constitution, abbreviated BV. It is the highest law of the country. It contains the fundamental rights and sets out how the state works. The first Federal Constitution dates from 1848; the current one has been in force since 2000. It is sometimes also called Switzerland's Basic Law, but its official name is Federal Constitution.

Below the Constitution there are many laws. The Civil Code (ZGB) governs how people live together: marriage and divorce, family, children, inheritance and property. The Code of Obligations (OR) governs contracts, for example tenancy agreements, employment contracts and purchase contracts. The founding of companies is also in the OR.

The Criminal Code (StGB) sets out what a criminal offence is and what punishment it carries, for example a fine or prison. The Federal Act on Debt Enforcement and Bankruptcy (SchKG) governs how debts can be collected. The Federal Charter of 1291 is an old alliance of the first cantons, not a constitution.

Memory aid: ZGB = living together and family. OR = contracts. StGB = punishments.

Key terms

Bundesverfassung (BV)
Federal Constitution: the highest law of Switzerland, with the fundamental rights and the rules for the state.
Zivilgesetzbuch (ZGB)
Civil Code: governs persons, family, marriage, divorce, inheritance and property.
Obligationenrecht (OR)
Code of Obligations: governs contracts such as tenancy, employment and purchase, and also companies.
Strafgesetzbuch (StGB)
Criminal Code: governs criminal offences and punishments such as fines or prison.

Exam questions on this topic

  1. What is the constitution of the Swiss Confederation called?Correct answer: D, Federal Constitution
  2. There are various laws in Switzerland. Which one governs the renting of flats?Correct answer: A, Code of Obligations (OR)
  3. There are various laws in Switzerland. What does the Civil Code (ZGB) govern?Correct answer: A, Marriages and divorces
  4. There are various laws in Switzerland. Which one governs whether someone has to go to prison?Correct answer: C, Criminal Code (StGB)

Sources