CIVIL JUDGMENT SYSTEM IN SWITZERLAND - A GENERAL REVIEW OF THE SWITZERLAND CIVIL JUDGMENT SYSTEM

Authors

  • Xhemile Saliu International Balkan University, Faculty of Law

Keywords:

Swiss Federal Court, Swiss Federal Law, Cantonal law, Canton of Zurich, Civil Procedure of Switzerland, Judicial Organization

Abstract

Switzerland is a member of the continental Europe system. However, the decisions of the Swiss Federal Court have considerable weight. Swiss substantive law is subject to Swiss federal law. However, from the point of view of judicial law, in the courts of each of the 26 Swiss cantons, different legal rules are applied. Trials in federal courts are subject to the Federal Law on Procedural Law and the Federal Law on the Federal Judicial Organization. 26 cantons, in the same segment possess ways of scope, possess different court rules. For example, if in one canton there are special commercial courts for commercial cases, in another canton there is no such division. The conditions for appealing a judgment vary from canton to canton.In addition to the diversity of laws governing trials that vary according to the canton's location, if some federal-level laws containing provisions on judgments are taken into account and the existence of a judicial right which is a step forward by the Federal Court, all this leads to a distrust of the legal system in Switzerland, which causes lawlessness. Because it is not possible to take as an example all the court proceedings from all the cantons, in order to give an example in our work the judicial right of the canton of Zurich has been taken and within its framework we have analyzed the Law on Civil Procedure and the Law on Judicial Organization. Despite the traditional importance of cantonal law, today more federal court rules have taken the place of cantonal law. On January 1, 2001, the federal law on civil law entered into force, and from that date the rules on federal law apply to competencies. Meanwhile, certain procedural issues are subject to the rules of the Federal Constitution. Therefore, taking into account all this, we will analyze these legal-judicial and civil issues in the canton of Zurich.

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Published

2021-12-15

How to Cite

Saliu, X. (2021). CIVIL JUDGMENT SYSTEM IN SWITZERLAND - A GENERAL REVIEW OF THE SWITZERLAND CIVIL JUDGMENT SYSTEM. KNOWLEDGE - International Journal , 49(5), 1023–1026. Retrieved from https://ikm.mk/ojs/index.php/kij/article/view/4579