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Inheritance Law In Switzerland
In Swiss law, inheritance law is that part of private law under which the rights and obligations of a deceased person pass to one or more natural or juridical persons. As most of these rights and obligations are pecuniary in nature, the main purpose of inheritance law is to regulate the fate of a person's assets on death. Inheritance law in Switzerland is governed by the Swiss Civil Code (articles 457 to 640). The deceased is called de ''cujus'' (from the Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ... adage is de ''cujus successione agitur''): the person whose estate is being dealt with (in German ''Erblasser''). Those who receive the property are called successors, heirs or legatees, depending on their position in the de ''cujus'' succession. History The first traces ...
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Law Of Switzerland
Swiss law is a set of rules which constitutes the law in Switzerland. Structure and Sources There is a hierarchy of political levels which reflects the legal and constitutional character of Switzerland. The Federal law (, , ) consist of the following parts: * International law, * Internal law, According to the current Federal Constitution (SR 101 Art. 1, 3) and the principle of subsidiarity (Switzerland) (SR 101 Art. 5a) and the ''Title 3 Confederation, Cantons and Communes'' (SR 101), the Cantons of Switzerland "''are sovereign except to the extent that their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confederation''" and "''the principle of subsidiarity must be observed in the allocation and performance of state tasks''". The Internal law (, , , ) consists of the following parts: #State - People - Authorities (SR 1) #Private law - Administration of civil justice - Enforcement (SR 2) #Criminal law - Administra ...
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Natural Person
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person. Definitions According to Maria Helena Diniz, an individual or natural person "is the human being considered as a subject of rights and obligations". Every human being is endowed with legal personality and, therefore, is a subject of law. According to Sílvio de Salvo Venosa, "legal personality is a projection of the intimate, psychic personality of each person; it is a social projection of the psychic personalit ...
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Juridical Person
A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization (such as the European Union). Other terms include artificial person, corporate person, judicial person, juridical entity, juridic person, or juristic person. A juridical person maintains certain duties and rights as enumerated under relevant laws. The rights and responsibilities of a juridical person are distinct from those of the natural persons constituting it. Since the beginning of writing at the start of recorded history, associations have been known as the original form of the juridical person. This is documented for the 1st century A.D. for Jewish trading companies. In Roman law, entities gained significance through institutions such as the state, communities, corporations (''universitates'') and their associations of persons and assets, as wel ...
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Swiss Civil Code
The Swiss Civil Code (SR/RS 210, ; ; ; ) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationship between individuals. It was first adopted in 1907 (effective since 1 January 1912). It was largely influenced by the German civil code, and partly influenced by the French civil code, but the majority of comparative law scholars (such as K. Zweigert and Rodolfo Sacco) argue that the Swiss code derives from a distinct paradigm of civil law. History and influences Adopted on 10 December 1907 (and is thus formally known as the ''Swiss Civil Code of 10 December 1907''), and in force since 1912. It was created by Eugen Huber, it was subsequently translated in the two other national languages (at the time Romansh was not official) by Virgile Rossel and Brenno Bertoni for French and Italian, respectively. The Civil code of the Republ ...
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Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ...
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Inheritance
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an "heir" ( heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in ...
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