Procedures
One federal code since 2011, with compulsory conciliation before most actions
The Swiss Civil Procedure Code unified 26 cantonal codes when it entered force on 1 January 2011. Cantons still organise their own courts, but the procedural rules are now federal, and most disputes must pass through a conciliation authority before an action can be filed.
Key rules
- Conciliation before a Friedensrichter or conciliation authority is generally a precondition to filing under article 197 CPC.
- Conciliation is dispensed with for claims of CHF 100,000 or more where both parties agree, and in cases listed in articles 198–199 CPC.
- Simplified procedure applies to claims up to CHF 30,000 and to disputes over tenancy and employment.
- Appeal (Berufung/appel) must be filed within 30 days; the amount in dispute must generally reach CHF 10,000.
- Appeal to the Federal Supreme Court requires CHF 30,000 in dispute, or CHF 15,000 in employment and tenancy matters.
Governing law
- Swiss Civil Procedure Code (ZPO/CPC) (SR 272)In force 1 January 2011
- Federal Supreme Court Act (BGG) (SR 173.110)Thresholds for appeal to Lausanne
- Code of Obligations (SR 220, art. 127)Ten-year general limitation period
In practice
The conciliation stage is not a formality — a large share of disputes end there, and for claims up to CHF 2,000 the conciliation authority can decide the case outright. Court costs are normally advanced by the claimant and are substantial, which shapes filing decisions more than lawyers' fees. Note the language dimension: proceedings run in the official language of the canton, so the same federal code is applied in German, French or Italian depending on where the court sits.