Collection Of Liechtenstein Laws Company Law

I. Personal and Company Law of January 20, 1926

Introduction

Art.

A. Application of the Act

1. The Act applies to all matters of private law for which it contains a provision, either by its wording or by interpretation.
2. It shall only apply to matters of public law to the extent provided for in the Act itself.
3. If no provision can be found in the Act, the judge shall decide according to customary law and, where there is no such law, according to the rule that he would establish as a legislator (legal determination).
4. In doing so, he shall follow established doctrine and tradition.

B. Content of legal relationships

Art. 2

I. Acting in good faith

1. Everyone shall act in good faith in the exercise of their rights and in the fulfillment of their duties.
2. The obvious abuse of a right shall not be protected by law. Art. 3

II. Good faith

1. Where the law has linked a legal effect to a person's good faith, the existence of such good faith must be presumed.
2. Anyone who, given the attention that may be expected of them under the circumstances, could not have been acting in good faith is not entitled to invoke good faith. Art. 4

III. Judicial discretion

1. Where the law refers the judge to his discretion or to the assessment of the circumstances or to important reasons, he shall make his decision in accordance with law and equity.
2. This rule shall apply mutatis mutandis to decisions and orders to be made by administrative authorities under this Act.

Art. 5

C. General provisions of the Code of Obligations and practice and local custom

1. The general provisions applicable to the Code of Obligations (law of obligations) shall also apply mutatis mutandis to the legal relationships regulated herein, unless this law provides otherwise.
2. Where the law refers to practice or local custom, the previous law shall be deemed to be an expression thereof, unless a different practice or local custom is proven.

Art. 6

D. Rules of evidence

1. Unless otherwise specified by law, the existence of an alleged and disputed fact must be proven by the party who derives rights from it or who invokes it in defense against a claim by the opposing party.
2. Public registers and public documents provide full proof of the facts or circumstances attested to by them, unless the inaccuracy of their content is proven.
3. This proof is not subject to any particular form. Art. 7

E. Competent authority

1. Unless otherwise specified by law, the district court shall have jurisdiction.
2. The court shall decide on disputes arising from the application of this Act in litigation proceedings, unless non-contentious proceedings are reserved or otherwise specified.
3. The right to appeal its decisions or orders to higher courts is reserved.
4. Unless otherwise specified by law, decisions or orders of municipal bodies may be appealed to the government, and those of the government or other administrative authorities or bodies of the state may be appealed to the Administrative Court in administrative proceedings.

Art. 8

F. International law

Repealed

1. Division

Individuals (natural persons)

1. Title

The Law of Personality

1. Section

Personality in general

Art. 9

A. Legal Capacity

1. Everyone has legal capacity.
2. Accordingly, all persons (natural persons) have the same capacity to have rights and obligations under private law within the limits of the legal system.
3. This provision is also mandatory under international law.

B. Capacity to act

I. Legal age

Art. 10

1. Content

1. A person who has legal capacity has the ability to establish, change, revoke, or transfer rights and obligations under private law through their actions or omissions.
2. In the case of a representative, however, the capacity to judge is sufficient for this purpose.
3. Unless otherwise provided by law or legal transaction, everyone is liable for their obligations with their entire assets (unlimited).

2. Requirements

Art. 11

a) In general

1. A person who is of legal age and has the capacity to judge is capable of acting, unless the law provides for an exception in individual cases, such as limited capacity to act and capacity to make a will.
2. Legal capacity is presumed unless its absence is obvious, as in the case of children, for example.

Art. 12

b) Legal capacity

A person is of legal age if they have reached the age of 18.

c) Declaration of legal capacity

Art. 13 Repealed

Art. 14

Repealed Art. 15

d) Capacity to judge

1. For the purposes of private law, anyone who, due to their young age or as a result of mental illness, mental deficiency, intoxication, or similar conditions, lacks the ability to recognize the motives and consequences of their behavior or to act in accordance with correct knowledge is deemed to have capacity.
2. The judge must determine in each individual case whether, given the circumstances described, the person lacks the capacity to act rationally.

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