Einblicke in die Entwicklungen im Familienrecht

Abstract

This article outlines the development towards the codification of civil law, the most important cornerstones of the original Swiss “Civil Code” of 1912, as well as important developments in family law, and discusses their societal context. It will become apparent that legislation in family law over the past decades has been primarily characterised by efforts to achieve equality. From the 1970s onwards, legislative revisions were made in an attempt to follow the social developments. Adoption and child law were revised first, followed by marital and divorce law. While these mentioned legal bases were revised in partial steps in the 20th century, same-sex couples did not receive legal regulation of their partnership until the beginning of the 21st century. Whether the non-marital partnership should have their own legal regulation is currently left open by the legislature. In December 2020, however, the doors of the Civil Code opened for same-sex couples. Marriage for all was approved by the people in the vote of 26 September 2021. Nevertheless, this is not the end of the legislative revisions. In the near future, the discussion on equal rights will focus on a new regulation of the law of descent.