Civil Code of the Confederation of Mahuset

Civil Code of the Confederation of Mahuset

Introduction

Article I – Application of the law

1. The law applies according to its wording or interpretation to all legal questions for which it contains a provision.
2. In the absence of a provision, the court shall decide in accordance with customary law and, in the absence of customary law, in accordance with the rule that it would make as legislator.
3. In doing so, the court shall follow established doctrine and case law.

Article II – Scope and limits of legal relationships / I. Acting in good faith

1. Every person must act in good faith in the exercise of his or her rights and in the performance of his or her obligations.
2. The manifest abuse of a right is not protected by law.

Article III – Scope and limits of legal relationships / II. Good faith

1. Where the law makes a legal effect conditional on the good faith of a person, there shall be a presumption of good faith.
2. No person may invoke the presumption of good faith if he or she has failed exercise the diligence required by the circumstances.

Article IV – Scope and limits of legal relationships / III. Judicial discretion

Where the law confers discretion on the court or makes reference to an assessment of the circumstances or to good cause, the court must reach its decision in accordance with the principles of justice and equity.

Article V – Federal law and constituent law / I. Constituent civil law and local custom

1. Insofar as federal law reserves the application of constituent law, the constituent entities may enact or repeal civil law provisions.
2. Where the law makes reference to practice or local custom, the existing constituent law is deemed a valid expression thereof, provided no divergent practice is shown to exist.

Article VI – Federal law and constituent law / II. Constituent public law

1. Federal civil law does not restrict the right of the constituent entities to enact public law.
2. The constituent entities are entitled within the limits of their sovereignty to restrict or prohibit the trade in certain goods or to declare transactions involving such goods legally invalid.

Article VII – Rules of evidence / I. Burden of proof

Unless the law provides otherwise, the burden of proving the existence of an alleged fact shall rest on the person who derives rights from that fact.

Article VIII – Rules of evidence / II. Proof by public document

1. Public registers and public deeds constitute full proof of the facts evidenced by them, unless their content is shown to be incorrect.
2. Such proof of incorrectness does not require to be in any particular form.