progetti
BGE 28 I 165 ΓÇó Art. 3 Civil Code Act does not govern public-law residence control
BGE 28 I 165Raccolta ufficiale del Tribunale federale (DTF) / Volume I25 giu 1891Dismissed
Ferd. Siegwart challenged a Schwyz order requiring him to obtain a residence permit in Küßnacht, where he spent his working day, while claiming domicile in Lucerne. The Federal Court held that the federal act on the civil-law relations of settled and resident persons applies only to civil-law relations and not to public-law police regulation of residence or taxation. The court therefore rejected the complaint based on Art. 3 of that Act. It further noted that the measure was, at least for the time being, only a police-control measure. The question of tax liability was expressly left open.
Art. 1 and Art. 3 Federal Act of 25 June 1891; scope ratione materiae of the federal domicile definition; public-law residence control and tax matters excluded. The Act governs only specified civil-, family- and inheritance-law consequences of domicile and residence. Its statutory concept of domicile applies directly only where a relationship falling within the Act is at issue. It does not determine domicile for police regulation of settlement and stay, nor for taxation. A complaint based solely on Art. 3 is therefore inadmissible or, at any rate, unfounded in public-law disputes; a later challenge remains reserved if a cantonal measure is used for fiscal purposes (consid. 2-3).
Zwecke seine Papiere beim Gemeindepräsidenten des Wohnortes zu deponieren hat;
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