Glossary · Legal

Public deed form (forme authentique)

A mandatory legal form for certain contracts under Swiss law, requiring a notary to draw up and execute the deed. In real estate, the sale of a property and the promise to sell are subject to it under Article 216 of the Code of Obligations. No document signed between the parties, whatever it is called, can replace this deed: an offer to purchase, a reservation agreement or a promise drawn up as a private agreement does not transfer ownership. Transfer takes place through the authenticated deed, followed by registration in the land register. This requirement notably distinguishes Swiss law from French law, which recognises the compromis de vente, a concept with no equivalent in Switzerland.