Lexipedia

Disposition principle

The disposition principle lets the parties define the claims, scope, and continuation of civil proceedings, within procedural limits.

Under the disposition principle, Swiss civil courts generally decide only on what the parties request. The claimant determines whether to sue and the relief sought; parties may acknowledge, withdraw, settle, or limit claims. The court may not normally award more or something different from what is requested, even though it applies the law independently. The principle reflects party autonomy in private-law disputes. It is limited where mandatory law, public interests, or special procedural regimes require the court to act more actively, for example in certain family or child-related matters.