Art. 117 – In relation to current accounts

5I. Mutual expression of intent

61. In general

Read: Art. 1 – In general Art. 1Art. 1 1 The conclusion of a contract requires a mutual expression of intent by the parties. 2 The expression of intent may be express or implied. Read Direct link

62. Secondary terms

Read: Art. 2 – Secondary terms Art. 2Art. 2 1 Where the parties have agreed on all the essential terms, it is presumed that the contract will be binding notwithstanding any reservation on secondary terms. 2 In the event of failure to reach agreement on suc… Read Direct link

5II. Offer and acceptance

61. Offer subject to time limit

Read: Art. 3 – Offer subject to time limit Art. 3Art. 3 1 A person who offers to enter into a contract with another person and sets a time limit for acceptance is bound by his offer until the time limit expires. 2 He is no longer bound if no acceptance has reached him… Read Direct link

62. Offer without time limit

7a. In the parties’ presence

Read: Art. 4 – In the parties’ presence Art. 4Art. 4 1 Where an offer is made in the offeree’s presence and no time limit for acceptance is set, it is no longer binding on the offeror unless the offeree accepts it immediately. 2 Contracts concluded by telephone are… Read Direct link

7b. In the parties’ absence

Read: Art. 5 – In the parties’ absence Art. 5Art. 5 1 Where an offer is made in the offeree’s absence and no time limit for acceptance is set, it remains binding on the offeror until such time as he might expect a reply sent duly and promptly to reach him. 2 He ma… Read Direct link

63. Implied acceptance

Read: Art. 6 – Implied acceptance Art. 6Art. 6 Where the particular nature of the transaction or the circumstances are such that express acceptance cannot reasonably be expected, the contract is deemed to have been concluded if the offer is not rejected withi… Read Direct link

63a. Unsolicited goods

Read: Art. 6a – Unsolicited goods Art. 6aArt. 6a Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 (AS 1991 846; BBl 1986 II 354). Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 (AS 1991 846; BBl 1986 II 354). 1 The s… Read Direct link

64. Non-binding offer, announcement of prices, display

Read: Art. 7 – Non-binding offer, announcement of prices, display Art. 7Art. 7 1 An offeror is not bound by his offer if he has made express declaration to that effect or such a reservation arises from the circumstances or from the particular nature of the transaction. 2 The sending of tari… Read Direct link

65. Publicly promised remuneration

Read: Art. 8 – Publicly promised remuneration Art. 8Art. 8 1 A person who publicly promises remuneration or a reward in exchange for the performance of an act must pay in accordance with his promise. 2 If he withdraws his promise before performance has been made, he must… Read Direct link

66. Withdrawal of offer and acceptance

Read: Art. 9 – Withdrawal of offer and acceptance Art. 9Art. 9 1 An offer is deemed not to have been made if its withdrawal reaches the offeree before or at the same time as the offer itself or, where it arrives subsequently, if it is communicated to the offeree before he be… Read Direct link

5III. Entry into effect of a contract concluded in the parties’ absence

Read: Art. 10 – Entry into effect of a contract concluded in the parties’ absence Art. 10Art. 10 1 A contract concluded in the parties’ absence takes effect from the time acceptance is sent. 2 Where express acceptance is not required, the contract takes effect from the time the offer is received. Read Direct link

5I. Formal requirements and significance in general

Read: Art. 11 – Formal requirements and significance in general Art. 11Art. 11 1 The validity of a contract is not subject to compliance with any particular form unless a particular form is prescribed by law. 2 In the absence of any provision to the contrary on the significance and effect… Read Direct link

5II. Written form

61. Form required by law

7a. Scope

Read: Art. 12 – Scope Art. 12Art. 12 Where the law requires that a contract be done in writing, the requirement also applies to any amendment to the contract with the exception of supplementary collateral clauses that do not conflict with the origi… Read Direct link

7b. Effect

Read: Art. 13 – Effect Art. 13Art. 13 1 A contract required by law to be done in writing must be signed by all persons on whom it imposes obligations. 2 ... Repealed by Annex No 2 to the FA of 19 Dec. 2003 on Electronic Signatures, with effect from… Read Direct link

7c. Signature

Read: Art. 14 – Signature Art. 14Art. 14 1 Signatures must be appended by hand by the parties to the contract. 2 A signature reproduced by mechanical means is recognised as sufficient only where such reproduction is customarily permitted, and in partic… Read Direct link

7d. Mark in lieu of signature

Read: Art. 15 – Mark in lieu of signature Art. 15Art. 15 Subject to the provisions relating to bills of exchange, any person unable to sign may make a duly certified mark by hand or give a certified declaration in lieu of a signature. Read Direct link

62. Form stipulated by contract

Read: Art. 16 – Form stipulated by contract Art. 16Art. 16 1 Where the parties agree to make a contract subject to formal requirements not prescribed by law, it is presumed that the parties do not wish to assume obligations until such time as those requirements are sati… Read Direct link

5I. Definition of terms

Read: Art. 19 – Definition of terms Art. 19Art. 19 1 The terms of a contract may be freely determined within the limits of the law. 2 Clauses that deviate from those prescribed by law are admissible only where the law does not prescribe mandatory forms of wordin… Read Direct link

5II. Nullity

Read: Art. 20 – Nullity Art. 20Art. 20 1 A contract is void if its terms are impossible, unlawful or immoral. 2 However, where the defect pertains only to certain terms of a contract, those terms alone are void unless there is cause to assume that th… Read Direct link

5III. Unfair advantage

Read: Art. 21 – Unfair advantage Art. 21Art. 21 1 Where there is a clear discrepancy between performance and consideration under a contract concluded as a result of one party’s exploitation of the other’s straitened circumstances, inexperience or thoughtlessn… Read Direct link

5IV. Agreement to conclude a contract

Read: Art. 22 – Agreement to conclude a contract Art. 22Art. 22 1 Parties may reach a binding agreement to enter into a contract at a later date. 2 Where in the interests of the parties the law makes the validity of a contract conditional on observance of a particular form,… Read Direct link

5I. Error

61. Effect

Read: Art. 23 – Effect Art. 23Art. 23 A party labouring under a fundamental error when entering into a contract is not bound by that contract. Read Direct link

62. Cases of mistake

Read: Art. 24 – Cases of mistake Art. 24Art. 24 1 An error is fundamental in the following cases in particular: 1. where the party acting in error intended to conclude a contract different from that to which he consented; 2. where the party acting in error ha… Read Direct link

63. Invoking error contrary to good faith

Read: Art. 25 – Invoking error contrary to good faith Art. 25Art. 25 1 A person may not invoke error in a manner contrary to good faith. 2 In particular, the party acting in error remains bound by the contract he intended to conclude, provided the other party accepts that contrac… Read Direct link

64. Error by negligence

Read: Art. 26 – Error by negligence Art. 26Art. 26 1 A party acting in error and invoking that error to repudiate a contract is liable for any damage arising from the nullity of the agreement where the error is attributable to his own negligence, unless the othe… Read Direct link

65. Incorrect intermediation

Read: Art. 27 – Incorrect intermediation Art. 27Art. 27 Where an offer to enter into a contract or the acceptance of that offer has been incorrectly communicated by a messenger or other intermediary, the provisions governing error apply mutatis mutandis. Read Direct link

5II. Fraud

Read: Art. 28 – Fraud Art. 28Art. 28 1 A party induced to enter into a contract by the fraud of the other party is not bound by it even if his error is not fundamental. 2 A party who is the victim of fraud by a third party remains bound by the cont… Read Direct link

5III. Duress

61. Consent to contract

Read: Art. 29 – Consent to contract Art. 29Art. 29 1 Where a party has entered into a contract under duress from the other party or a third party, he is not bound by that contract. 2 Where the duress originates from a third party and the other party neither knew… Read Direct link

62. Definition of duress

Read: Art. 30 – Definition of duress Art. 30Art. 30 1 A party is under duress if, in the circumstances, he has good cause to believe that there is imminent and substantial risk to his own life, limb, reputation or property or to those of a person close to him. 2… Read Direct link

5IV. Defect of consent negated by ratification of the contract

Read: Art. 31 – Defect of consent negated by ratification of the contract Art. 31Art. 31 1 Where the party acting under error, fraud or duress neither declares to the other party that he intends not to honour the contract nor seeks restitution for the performance made within one year, the contract i… Read Direct link

5I. With authorisation

61. In general

7a. Effect of agency

Read: Art. 32 – Effect of agency Art. 32Art. 32 1 The rights and obligations arising from a contract made by an agent in the name of another person accrue to the person represented, and not to the agent. 2 Where the agent did not make himself known as such wh… Read Direct link

7b. Scope of authority

Read: Art. 33 – Scope of authority Art. 33Art. 33 1 Where authority to act on behalf of another stems from relationships established under public law, it is governed by the public law provisions of the Confederation or the cantons. 2 Where such authority is con… Read Direct link

62. Authority arising from a transaction

7a. Restriction and revocation

Read: Art. 34 – Restriction and revocation Art. 34Art. 34 1 A principal authorising another to act on his behalf by means of a transaction may restrict or revoke such authority at any time without prejudice to any rights acquired by those involved under existing legal… Read Direct link

7b. Effect of death, incapacity, etc.

Read: Art. 35 – Effect of death, incapacity, etc. Art. 35Art. 35 1 The authority conferred by means of a transaction is extinguished on the loss of capacity to act, bankruptcy, death, or declaration of presumed death of the principal or the agent, unless the contrary has been… Read Direct link

7c. Return of the instrument conferring authority

Read: Art. 36 – Return of the instrument conferring authority Art. 36Art. 36 1 Where an agent has been issued with an instrument setting out his authority, he must return it or deposit it with the court when that authority has ended. 2 Where the principal or his legal successors have omi… Read Direct link

7d. Time from which end of authority takes effect

Read: Art. 37 – Time from which end of authority takes effect Art. 37Art. 37 1 Until such time as an agent becomes aware that his authority has ended, his actions continue to give rise to rights and obligations on the part of the principal or the latter’s legal successors as if the agent… Read Direct link

5II. Without authority

61. Ratification

Read: Art. 38 – Ratification Art. 38Art. 38 1 Where a person without authority enters into a contract on behalf of a third party, rights and obligations do not accrue to the latter unless he ratifies the contract. 2 The other party has the right to reques… Read Direct link

62. Failure to ratify

Read: Art. 39 – Failure to ratify Art. 39Art. 39 1 Where ratification is expressly or implicitly refused, action may be brought against the person who acted as agent for compensation in respect of any damage caused by the extinction of the contract unless he c… Read Direct link

5III. Reservation of special provisions

Read: Art. 40 – Reservation of special provisions Art. 40Art. 40 The special provisions governing the authority of agents and governing bodies of companies and partnerships and of registered and other authorised agents are unaffected. Read Direct link

5I. Scope of application

Read: Art. 40a – Scope of application Art. 40aArt. 40a Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 (AS 1991 846; BBl 1986 II 354). Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 (AS 1991 846; BBl 1986 II 354). 1 The… Read Direct link

5II. General principle

Read: Art. 40b – General principle Art. 40bArt. 40b Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 (AS 1991 846; BBl 1986 II 354). Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 (AS 1991 846; BBl 1986 II 354). A cust… Read Direct link

5III. Exceptions

Read: Art. 40c – Exceptions Art. 40cArt. 40c Inserted by No I of the FA of 5 Oct. 1990 (AS 1991 846; BBl 1986 II 354). Amended by No I of the FA of 18 June 1993, in force since 1 Jan. 1994 (AS 1993 3120; BBl 1993 I 757). Inserted by No I of the FA of 5 Oc… Read Direct link

5IV. Duty to inform

Read: Art. 40d – Duty to inform Art. 40dArt. 40d Inserted by No I of the FA of 5 Oct. 1990 (AS 1991 846; BBl 1986 II 354). Amended by No I of the FA of 18 June 1993, in force since 1 Jan. 1994 (AS 1993 3120; BBl 1993 I 757). Inserted by No I of the FA of 5 Oc… Read Direct link

5V. Revocation

61. Form and time limit

Read: Art. 40e – Form and time limit Art. 40eArt. 40e Inserted by No I of the FA of 5 Oct. 1990 (AS 1991 846; BBl 1986 II 354). Amended by No I of the FA of 18 June 1993, in force since 1 Jan. 1994 (AS 1993 3120; BBl 1993 I 757). Inserted by No I of the FA of 5 Oc… Read Direct link

62. Consequences

Read: Art. 40f – Consequences Art. 40fArt. 40f Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 (AS 1991 846; BBl 1986 II 354). Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 (AS 1991 846; BBl 1986 II 354). 1 Wher… Read Direct link

Read: Art. 40g – Consequences Art. 40gArt. 40g Inserted by No I of the FA of 5 Oct. 1990 (AS 1991 846; BBl 1986 II 354). Repealed by Annex No 5 to the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 III 2829). I… Read Direct link

5I. Conditions of liability

Read: Art. 41 – Conditions of liability Art. 41Art. 41 1 Any person who unlawfully causes damage to another, whether wilfully or negligently, is obliged to provide compensation. 2 A person who wilfully causes damage to another in an immoral manner is likewise oblige… Read Direct link

5II. Determining the damage

Read: Art. 42 – Determining the damage Art. 42Art. 42 1 A person claiming damages must prove that damage occurred. 2 Where the exact value of the damage cannot be quantified, the court shall estimate the value at its discretion in the light of the normal course of… Read Direct link

5III. Determining compensation

Read: Art. 43 – Determining compensation Art. 43Art. 43 1 The court determines the form and extent of the compensation provided for damage incurred, with due regard to the circumstances and the degree of culpability. 1bis Where an animal kept as a pet rather than for… Read Direct link

5IV. Grounds for reducing compensation

Read: Art. 44 – Grounds for reducing compensation Art. 44Art. 44 1 Where the person suffering damage consented to the harmful act or circumstances attributable to him helped give rise to or compound the damage or otherwise exacerbated the position of the party liable for it,… Read Direct link

5V. Special cases

61. Homicide and personal injury

7a. Damages for homicide

Read: Art. 45 – Damages for homicide Art. 45Art. 45 1 In a case of homicide, compensation must cover all expenses arising and in particular the funeral costs. 2 Where death did not occur immediately, the compensation must also include the costs of medical treatme… Read Direct link

7b. Damages for personal injury

Read: Art. 46 – Damages for personal injury Art. 46Art. 46 1 In the event of personal injury, the victim is entitled to reimbursement of expenses incurred and to compensation for any total or partial inability to work and for any loss of future earnings. 2 Where the con… Read Direct link

7c. Satisfaction

Read: Art. 47 – Satisfaction Art. 47Art. 47 In cases of homicide or personal injury, the court may award the victim of personal injury or the dependants of the deceased an appropriate sum by way of satisfaction. Read Direct link

62. ...

Read: Art. 48 – ... Art. 48Art. 48 Repealed by Art. 21 para. 1 of the FA of 30 Sept. 1943 on Unfair Competition, with effect from 1 March 1945 (BS 2 951). Repealed by Art. 21 para. 1 of the FA of 30 Sept. 1943 on Unfair Competition, with effect f… Read Direct link

63. Injury to personality rights

Read: Art. 49 – Injury to personality rights Art. 49Art. 49 Amended by No II 1 of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 661). Amended by No II 1 of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 661). 1… Read Direct link

5VI. Multiple liable parties

61. In tort

Read: Art. 50 – In tort Art. 50Art. 50 1 Where two or more persons have together caused damage, whether as instigator, perpetrator or accomplice, they are jointly and severally liable to the person suffering damage. 2 The court determines at its disc… Read Direct link

62. On different legal grounds

Read: Art. 51 – On different legal grounds Art. 51Art. 51 1 Where two or more persons are liable for the same damage on different legal grounds, whether under tort law, contract law or by statute, the provision governing recourse among persons who have jointly caused d… Read Direct link

5VII. Self-defence, necessity, legitimate use of force

Read: Art. 52 – Self-defence, necessity, legitimate use of force Art. 52Art. 52 1 Where a person has acted in self-defence, he is not liable to pay compensation for damage caused to the person or property of the aggressor. 2 A person who damages the property of another in order to protect h… Read Direct link

5VIII. Relationship with criminal law

Read: Art. 53 – Relationship with criminal law Art. 53Art. 53 1 When determining fault or lack of fault and capacity or incapacity to consent, the court is not bound by the provisions governing criminal capacity nor by any acquittal in the criminal court. 2 The civil court… Read Direct link

5I. Damages

Read: Art. 56 – Damages Art. 56Art. 56 1 In the event of damage caused by an animal, its keeper is liable unless he proves that in keeping and supervising the animal he took all due care or that the damage would have occurred even if all due care had… Read Direct link

5II. Seizure of animals

Read: Art. 57 – Seizure of animals Art. 57Art. 57 1 A person in possession of a plot of land is entitled to seize animals belonging to another which cause damage on that land and take them into his custody as security for his claim for compensation or even to k… Read Direct link

5I. Damages

Read: Art. 58 – Damages Art. 58Art. 58 1 The owner of a building or any other structure is liable for any damage caused by defects in its construction or design or by inadequate maintenance. 2 He has a right of recourse against persons liable to him… Read Direct link

5II. Safety measures

Read: Art. 59 – Safety measures Art. 59Art. 59 1 A person who is at risk of suffering damage due to a building or structure belonging to another may insist that the owner take the necessary steps to avert the danger. 2 Orders given by the police for the prot… Read Direct link

5I. In general

Read: Art. 62 – In general Art. 62Art. 62 1 A person who has enriched himself without just cause at the expense of another is obliged to make restitution. 2 In particular, restitution is owed for money benefits obtained for no valid reason whatsoever, f… Read Direct link

5II. Payment in satisfaction of a non-existent obligation

Read: Art. 63 – Payment in satisfaction of a non-existent obligation Art. 63Art. 63 1 A person who has voluntarily satisfied a non-existent debt has a right to restitution of the sum paid only if he can prove that he paid it in the erroneous belief that the debt was owed. 2 Restitution is exclu… Read Direct link

5I. Obligations of the unjustly enriched party

Read: Art. 64 – Obligations of the unjustly enriched party Art. 64Art. 64 There is no right of restitution where the recipient can show that he is no longer enriched at the time the claim for restitution is brought, unless he alienated the money benefits in bad faith or in the certain… Read Direct link

5II. Rights in respect of expenditures

Read: Art. 65 – Rights in respect of expenditures Art. 65Art. 65 1 The recipient is entitled to reimbursement of necessary and useful expenditures, although where the unjust enrichment was received in bad faith, the reimbursement of useful expenditures must not exceed the amo… Read Direct link

5I. Performance by the obligor in person

Read: Art. 68 – Performance by the obligor in person Art. 68Art. 68 An obligor is not obliged to discharge his obligation in person unless so required by the obligee. Read Direct link

5II. Object of performance

61. Part payment

Read: Art. 69 – payment Art. 69Art. 69 1 A creditor may refuse partial payment where the total debt is established and due. 2 If the creditor wishes to accept part payment, the debtor may not refuse to settle the part of the debt that he acknowledges… Read Direct link

62. Indivisible performance

Read: Art. 70 – Indivisible performance Art. 70Art. 70 1 Where indivisible performance is due to several obligees, the obligor must make performance to all of them jointly, and each obligee may demand that performance be made to all of them jointly. 2 Where indivisi… Read Direct link

63. Debt of generic object

Read: Art. 71 – Debt of generic object Art. 71Art. 71 1 If the object owed is defined only in generic terms, the obligor may choose what object is given in repayment unless otherwise stipulated under the legal relationship. 2 However, the obligor must not offer an… Read Direct link

64. Obligations involving choice of performance

Read: Art. 72 – Obligations involving choice of performance Art. 72Art. 72 Where an obligation may be discharged by one of several alternative types of performance, the obligor may choose which performance to make unless otherwise stipulated under the legal relationship. Read Direct link

65. Interest

Read: Art. 73 – Interest Art. 73Art. 73 1 Where an obligation involves the payment of interest but the rate is not set by contract, law or custom, interest is payable at the rate of 5% per annum. 2 Public law provisions governing abusive interest char… Read Direct link

5I. Open-ended obligations

Read: Art. 75 – Open-ended obligations Art. 75Art. 75 Where no time of performance is stated in the contract or evident from the nature of the legal relationship, the obligation may be discharged or called in immediately. Read Direct link

5II. Obligations subject to time limit

61. Monthly time limits

Read: Art. 76 – Monthly time limits Art. 76Art. 76 1 A time limit expressed as the beginning or end of a month means the first or last day of the month respectively. 2 A time limit expressed as the middle of the month means the fifteenth day of that month. Read Direct link

62. Other time limits

Read: Art. 77 – Other time limits Art. 77Art. 77 1 Where an obligation must be discharged or some other transaction accomplished within a certain time limit subsequent to conclusion of the contract, the time limit is defined as follows: 1. where the time limit… Read Direct link

63. Sundays and public holidays

Read: Art. 78 – Sundays and public holidays Art. 78Art. 78 1 Where the time of performance or the last day of a time limit falls on a Sunday or on a day officially recognised as a public holiday In relation to the statutory time limits under federal law and the time lim… Read Direct link

5III. Performance during business hours

Read: Art. 79 – Performance during business hours Art. 79Art. 79 Performance of the obligation must be made and accepted during normal business hours on the date stipulated. Read Direct link

5IV. Extension of the time limit

Read: Art. 80 – Extension of the time limit Art. 80Art. 80 Where the agreed time limit for performance is extended, in the absence of an agreement to the contrary, the new time limit runs from the first day following expiry of the previous time limit. Read Direct link

5V. Early performance

Read: Art. 81 – Early performance Art. 81Art. 81 1 Unless the terms or nature of the contract or the circumstances indicate that the parties intended otherwise, performance may be rendered before the date on which the time limit expires. 2 However, the obligor… Read Direct link

5VI. In bilateral contracts

61. Order of performance

Read: Art. 82 – Order of performance Art. 82Art. 82 A party to a bilateral contract may not demand performance until he has discharged or offered to discharge his own obligation, unless the terms or nature of the contract allow him to do so at a later date. Read Direct link

62. Allowance for unilateral insolvency

Read: Art. 83 – Allowance for unilateral insolvency Art. 83Art. 83 1 Where one party to a bilateral contract has become insolvent, in particular by virtue of bankruptcy proceedings or execution without satisfaction, and this deterioration in its financial position jeopardises t… Read Direct link

5I. National currency

Read: Art. 84 – National currency Art. 84Art. 84 Amended by Annex No 2 to the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2002 1144; BBl 1999 7258). Amended by Annex No 2 to the FA of 22 Dec. 1999 on Currency and Payme… Read Direct link

5II. Allocation

61. Of part payments

Read: Art. 85 – Of part payments Art. 85Art. 85 1 A debtor may offset a part payment against the debt principal only if he is not in arrears with interest payments and expenses. 2 Where a creditor has received guarantees, pledges or other security for a porti… Read Direct link

62. In the case of multiple debts

7a. At the discretion of debtor or creditor

Read: Art. 86 – At the discretion of debtor or creditor Art. 86Art. 86 1 A debtor with several debts to the same creditor is entitled to state at the time of payment which debt he means to redeem. 2 In the absence of any statement from the debtor, the payment will be allocated to t… Read Direct link

7b. By law

Read: Art. 87 – By law Art. 87Art. 87 1 Where no valid debt redemption statement has been made and the receipt does not indicate how the payment has been allocated, it is allocated to whichever debt is due or, if several are due, to the debt that fi… Read Direct link

5III. Receipt and return of borrower’s note

61. Right of the debtor

Read: Art. 88 – Right of the debtor Art. 88Art. 88 1 A debtor making a payment is entitled to demand a receipt and, provided the debt is fully redeemed, the return or annulment of the borrower’s note. 2 If the debt is not completely redeemed or the borrower’s no… Read Direct link

62. Effect

Read: Art. 89 – Effect Art. 89Art. 89 1 Where interest or other periodic payments are due, a creditor unreservedly issuing a receipt for a later periodic payment is presumed to have received all previous periodic payments. 2 If he issues a receipt f… Read Direct link

63. Return of borrower’s note not possible

Read: Art. 90 – Return of borrower’s note not possible Art. 90Art. 90 1 If the creditor claims to have lost the borrower’s note, on redeeming the debt, the debtor may insist that the creditor declare by public deed or notarised document that the borrower’s note has been annulled a… Read Direct link

5I. Requirement

Read: Art. 91 – Requirement Art. 91Art. 91 The obligee is in default if he refuses without good cause to accept performance properly offered to him or to carry out such preparations as he is obliged to make and without which the obligor cannot render per… Read Direct link

5II. Effect

61. On obligations relating to objects

7a. Right to deposit object

Read: Art. 92 – Right to deposit object Art. 92Art. 92 1 Where the obligee is in default, the obligor is entitled to deposit the object at the expense and risk of the obligee, thereby discharging his obligation. 2 The court decides which place should serve as deposi… Read Direct link

7b. Right to sell

Read: Art. 93 – Right to sell Art. 93Art. 93 1 Where the characteristics of the object or the nature of the business preclude a deposit or the object is perishable or gives rise to maintenance costs or substantial storage costs, after having given formal w… Read Direct link

7c. Right to take back the object

Read: Art. 94 – Right to take back the object Art. 94Art. 94 1 The obligor is entitled to take back the object deposited providing the obligee has not declared that he accepts it or providing the deposit has not had the effect of redeeming a pledge. 2 As soon as the objec… Read Direct link

62. On other obligations

Read: Art. 95 – On other obligations Art. 95Art. 95 Where the obligation does not relate to objects and the obligee is in default, the obligor may withdraw from the contract in accordance with the provisions governing default of the obligor. Read Direct link

5I. Obligor’s duty to compensate

61. In general

Read: Art. 97 – In general Art. 97Art. 97 1 An obligor who fails to discharge an obligation at all or as required must make amends for the resulting damage unless he can prove that he was not at fault. 2 The procedure for debt enforcement is governed by… Read Direct link

62. Obligation to act or refrain from action

Read: Art. 98 – Obligation to act or refrain from action Art. 98Art. 98 1 Where the obligation is to take certain action, the obligee may without prejudice to his claims for damages obtain authority to perform the obligation at the obligor’s expense. 2 Where the obligation is to ref… Read Direct link

5II. Scope of liability and compensation

61. In general

Read: Art. 99 – In general Art. 99Art. 99 1 The obligor is generally liable for any fault attributable to him. 2 The scope of such liability is determined by the particular nature of the transaction and in particular is judged more leniently where the o… Read Direct link

62. Exclusion of liability

Read: Art. 100 – Exclusion of liability Art. 100Art. 100 1 Any agreement purporting to exclude liability for unlawful intent or gross negligence in advance is void. 2 At the discretion of the court, an advance exclusion of liability for minor negligence may be deemed… Read Direct link

63. Liability for associates

Read: Art. 101 – Liability for associates Art. 101Art. 101 1 A person who delegates the performance of an obligation or the exercise of a right arising from a contractual obligation to an associate, such as a member of his household or an employee is liable to the othe… Read Direct link

5I. Requirement

Read: Art. 102 – Requirement Art. 102Art. 102 1 Where an obligation is due, the obligor is in default as soon as he receives a formal reminder from the obligee. 2 Where a deadline for performance of the obligation has been set by agreement or as a result o… Read Direct link

5II. Effect

61. Liability for accidental damage

Read: Art. 103 – Liability for accidental damage Art. 103Art. 103 1 An obligor in default is liable in damages for late performance and even for accidental damage. 2 He may discharge himself from such liability by proving that his default occurred through no fault of his own… Read Direct link

62. Default interest

7a. In general

Read: Art. 104 – In general Art. 104Art. 104 1 A debtor in default on payment of a pecuniary debt must pay default interest of 5% per annum even where a lower rate of interest was stipulated by contract. 2 Where the contract envisages a rate of interest h… Read Direct link

7b. Debtor in default on payments of interest, annuities and gifts

Read: Art. 105 – Debtor in default on payments of interest, annuities and gifts Art. 105Art. 105 1 A debtor in default on payment of interest, annuities or gifts is liable for default interest only as of the day on which enforcement proceedings are initiated or legal action is brought. 2 Any agreement to t… Read Direct link

63. Excess damage

Read: Art. 106 – Excess damage Art. 106Art. 106 1 Where the value of the damage suffered by the creditor exceeds the default interest, the debtor is liable also for this additional damage unless he can prove that he is not at fault. 2 Where the additional da… Read Direct link

64. Withdrawal and damages

7a. Subject to time limit

Read: Art. 107 – Subject to time limit Art. 107Art. 107 1 Where the obligor under a bilateral contract is in default, the obligee is entitled to set an appropriate time limit for subsequent performance or to ask the court to set such time limit. 2 If performance has… Read Direct link

7b. Without time limit

Read: Art. 108 – Without time limit Art. 108Art. 108 No time limit need be set: 1. where it is evident from the conduct of the obligor that a time limit would serve no purpose; 2. where performance has become pointless to the obligee as a result of the obligor’s… Read Direct link

7c. Effect of withdrawal

Read: Art. 109 – Effect of withdrawal Art. 109Art. 109 1 An obligee withdrawing from a contract may refuse the promised consideration and demand the return of any performance already made. 2 In addition he may claim damages for the lapse of the contract, unless the… Read Direct link

5I. In general

Read: Art. 112 – In general Art. 112Art. 112 1 A person who, acting in his own name, has entered into a contract whereby performance is due to a third party is entitled to compel performance for the benefit of said third party. 2 The third party or his le… Read Direct link

5II. In the case of liability insurance

Read: Art. 113 – In the case of liability insurance Art. 113Art. 113 Where an employer has taken out liability insurance and his employee has contributed at least half of the premiums, the employee has sole claim to the policy benefits. Read Direct link

51. In general

Read: Art. 120 – In general Art. 120Art. 120 1 Where two persons owe each other sums of money or performance of identical obligations, and provided that both claims have fallen due, each party may set off his debt against his claim. 2 The debtor may asser… Read Direct link

52. Under surety

Read: Art. 121 – Under surety Art. 121Art. 121 A surety may refuse to satisfy the creditor to the extent that the principal debtor has a right of set-off. Read Direct link

53. In contracts conferring rights on third parties

Read: Art. 122 – In contracts conferring rights on third parties Art. 122Art. 122 A person who has undertaken an obligation in favour of a third party may not set off that obligation against his own claims against said party. Read Direct link

54. Where the debtor is bankrupt

Read: Art. 123 – Where the debtor is bankrupt Art. 123Art. 123 1 Where the debtor is bankrupt, his creditors may set off their claims, even if they are not due, against the claims that the adjudicated bankrupt holds against them. 2 The exclusion or challenge of set-off in… Read Direct link

51. Ten years

Read: Art. 127 – Ten years Art. 127Art. 127 All claims prescribe after ten years unless otherwise provided by federal civil law. Read Direct link

52. Five years

Read: Art. 128 – Five years Art. 128Art. 128 The following prescribe after five years: 1. claims for agricultural and commercial rent and other rent, interest on capital and all other periodic payments; 2. claims in connection with delivery of foodstuffs,… Read Direct link

52a. Twenty years

Read: Art. 128a – Twenty years Art. 128aArt. 128a Inserted by No I of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235). Inserted by No I of the FA of 15 June 2018 (Revision of the Law on Pre… Read Direct link

53. Mandatory prescriptive periods

Read: Art. 129 – Mandatory prescriptive periods Art. 129Art. 129 The prescriptive periods laid down under this Title may not be altered by contract. Read Direct link

54. Start of prescriptive period

6a. In general

Read: Art. 130 – In general Art. 130Art. 130 1 The prescriptive period commences as soon as the debt is due. 2 Where a debt falls due on notification, the prescriptive period commences on the first date on which such notice is admissible. Read Direct link

6b. For periodic obligations

Read: Art. 131 – For periodic obligations Art. 131Art. 131 1 In the case of life annuities and similar periodic obligations, the prescriptive period for the principal claim commences on the date on which the first instalment in arrears was due. 2 When the principal cla… Read Direct link

55. Computation of prescriptive periods

Read: Art. 132 – Computation of prescriptive periods Art. 132Art. 132 1 When computing prescriptive periods, the date on which the prescriptive period commences is not included and the period is not deemed to have expired until the end of its last day. 2 In other respects the pro… Read Direct link

51. Grounds for interruption

Read: Art. 135 – Grounds for interruption Art. 135Art. 135 The prescriptive period is interrupted: 1. if the debtor acknowledges the claim and in particular if he makes interest payments or part payments, gives an item in pledge or provides surety; 2. Amended by Annex… Read Direct link

52. Effect of interruption on co-obligors

Read: Art. 136 – Effect of interruption on co-obligors Art. 136Art. 136 Amended by No I of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235). Amended by No I of the FA of 15 June 2018 (Revision of the Law on Prescr… Read Direct link

53. Start of new prescriptive period

6a. In the event of acknowledgment or judgment

Read: Art. 137 – In the event of acknowledgment or judgment Art. 137Art. 137 1 A new prescriptive period commences as of the date of the interruption. 2 If the claim has been acknowledged by public deed or confirmed by court judgment, the new prescriptive period is always ten years. Read Direct link

6b. By action of the creditor

Read: Art. 138 – By action of the creditor Art. 138Art. 138 1 Where the prescriptive period has been interrupted by an application for conciliation, or the submission of a statement of claim or defence, a new prescriptive period commences when the dispute is settled bef… Read Direct link

5I. Requirement

Read: Art. 143 – Requirement Art. 143Art. 143 1 Debtors become jointly and severally liable for a debt by stating that each of them wishes to be individually liable for performance of the entire obligation. 2 Without such a statement of intent, debtors are… Read Direct link

5II. Relationship between creditor and debtor

61. Effect

7a. Liability of the debtors

Read: Art. 144 – Liability of the debtors Art. 144Art. 144 1 A creditor may at his discretion request partial performance of the obligation from each joint and several debtor or else full performance from any one of them. 2 All the debtors remain under the obligation u… Read Direct link

7b. Objections by the debtors

Read: Art. 145 – Objections by the debtors Art. 145Art. 145 1 A joint and several debtor may raise against the creditor only those objections that are based either on his personal relationship with the creditor or on the nature of or collective reason for the joint and… Read Direct link

7c. Action taken by individual debtors

Read: Art. 146 – Action taken by individual debtors Art. 146Art. 146 Unless otherwise provided, a joint and several debtor must not take any action which might impair the position of his fellows. Read Direct link

62. Extinction of the joint and several obligation

Read: Art. 147 – Extinction of the joint and several obligation Art. 147Art. 147 1 Where one joint and several debtor satisfies the creditor by payment or set-off, the others are discharged to that extent. 2 Where one joint and several debtor is released from liability without satisfaction… Read Direct link

5III. Relationship between joint and several debtors

61. Participation

Read: Art. 148 – Participation Art. 148Art. 148 1 Unless the legal relationship between the joint and several debtors indicates otherwise, each of them assumes an equal share of the payment made to the creditor. 2 A joint and several debtor who pays more tha… Read Direct link

62. Subrogation

Read: Art. 149 – Subrogation Art. 149Art. 149 1 A joint and several debtor with right of recourse against his fellow debtors is subrogated to the rights of the creditor to the extent the latter has been satisfied. 2 The creditor is liable if he favours the… Read Direct link

5I. In general

Read: Art. 151 – In general Art. 151Art. 151 1 A contract is conditional if its binding nature is made dependent on the occurrence of an event that is not certain to happen. 2 The contract takes effect as soon as this condition precedent occurs, unless th… Read Direct link

5II. Before the condition occurs

Read: Art. 152 – Before the condition occurs Art. 152Art. 152 1 Until such time as the condition precedent occurs, the conditional obligor must refrain from any act which might prevent the due performance of his obligation. 2 A conditional obligee whose rights are jeopard… Read Direct link

5III. Benefits enjoyed in the interim

Read: Art. 153 – Benefits enjoyed in the interim Art. 153Art. 153 1 A creditor into whose possession a promised object has been delivered before the condition precedent occurred may, on fulfilment of the condition precedent, keep any benefits obtained from it in the interim.… Read Direct link

5I. Fulfilment of the condition

Read: Art. 155 – Fulfilment of the condition Art. 155Art. 155 If the condition consists of an act by one of the parties and that act need not be carried out in person, it may also be carried out by the party’s heirs. Read Direct link

5II. Prevention in bad faith

Read: Art. 156 – Prevention in bad faith Art. 156Art. 156 A condition is deemed fulfilled where one of the parties has prevented its fulfilment by acting in bad faith. Read Direct link

5III. Inadmissible conditions

Read: Art. 157 – Inadmissible conditions Art. 157Art. 157 Where a condition is attached with the intention of encouraging an unlawful or immoral act or omission, the conditional claim is void. Read Direct link

5I. Rights of the creditor

61. Relation between penalty and contractual performance

Read: Art. 160 – Relation between penalty and contractual performance Art. 160Art. 160 1 Where a penalty is promised for non-performance or defective performance of a contract, unless otherwise agreed, the creditor may only compel performance or claim the penalty. 2 Where the penalty is promised… Read Direct link

62. Relation between penalty and damage

Read: Art. 161 – Relation between penalty and damage Art. 161Art. 161 1 The penalty is payable even if the creditor has not suffered any damage. 2 Where the damage suffered exceeds the penalty amount, the creditor may claim further compensation only if he can prove that the debto… Read Direct link

63. Forfeiture of part payments

Read: Art. 162 – Forfeiture of part payments Art. 162Art. 162 1 Any agreement that part payments are forfeited to the creditor in the event the contract is terminated shall be determined in accordance with the provisions governing contractual penalties. 2 ... Repealed by… Read Direct link

5II. Amount, nullity and reduction of the penalty

Read: Art. 163 – Amount, nullity and reduction of the penalty Art. 163Art. 163 1 The parties are free to determine the amount of the contractual penalty. 2 The penalty may not be claimed where its purpose is to reinforce an unlawful or immoral undertaking or, unless otherwise agreed, wher… Read Direct link

51. Voluntary assignment

6a. Admissibility

Read: Art. 164 – Admissibility Art. 164Art. 164 1 A creditor may assign a claim to which he is entitled to a third party without the debtor’s consent unless the assignment is forbidden by law or contract or prevented by the nature of the legal relationship.… Read Direct link

6b. Form of the contract

Read: Art. 165 – Form of the contract Art. 165Art. 165 1 An assignment is valid only if done in writing. 2 No particular form is required for an undertaking to enter into an assignment agreement. Read Direct link

52. Assignment by law or court order

Read: Art. 166 – Assignment by law or court order Art. 166Art. 166 Where legal provisions or a court judgment require a claim to be assigned to another person, the assignment is effective towards third parties without need for any particular form or even for a statement of int… Read Direct link

51. Position of the debtor

6a. Payment made in good faith

Read: Art. 167 – Payment made in good faith Art. 167Art. 167 Where, before the assignment has been brought to his attention by the assignor or the assignee, the debtor makes payment in good faith to his former creditor or, in the case of multiple assignments, to a subseq… Read Direct link

6b. Refusal of payment and deposit

Read: Art. 168 – Refusal of payment and deposit Art. 168Art. 168 1 In the event of dispute as to entitlement, the debtor may refuse payment and discharge his obligation by depositing the payment with the court. 2 He makes payment at his own risk if he does so with knowledge… Read Direct link

6c. Objections raised by the debtor

Read: Art. 169 – Objections raised by the debtor Art. 169Art. 169 1 Any objection that could have been made to the assignor’s claim may also be made to the assignee if it applied at the time the debtor first learned of the assignment. 2 If the debtor held a countervailing cla… Read Direct link

52. Transfer of preferential and accessory rights, documents and evidence

Read: Art. 170 – Transfer of preferential and accessory rights, documents and evidence Art. 170Art. 170 1 The assignment of a claim includes all preferential and accessory rights except those that are inseparable from the person of the assignor. 2 The assignor is bound to surrender to the assignee the legal docum… Read Direct link

53. Warranty

6a. In general

Read: Art. 171 – In general Art. 171Art. 171 1 Where assignment is made for valuable consideration, the assignor warrants that the claim exists at the time of assignment. 2 However, he does not warrant that the debtor is solvent unless he has undertaken t… Read Direct link

6b. In the case of assignment by way of satisfaction

Read: Art. 172 – In the case of assignment by way of satisfaction Art. 172Art. 172 Where a creditor has assigned his claim in payment without fixing the amount at which the claim should be credited, the assignee need credit only the amount that he actually receives from the debtor or would ha… Read Direct link

6c. Scope of liability

Read: Art. 173 – Scope of liability Art. 173Art. 173 1 The assignor is liable under warranty only for the valuable consideration received plus interest and in addition for the costs of the assignment and of any unsuccessful proceedings against the debtor. 2 Where… Read Direct link

51. Offer and acceptance

Read: Art. 176 – Offer and acceptance Art. 176Art. 176 1 The accession of the debt acquirer to the debt relationship in lieu of and with the release of the previous debtor is effected by means of a contract between the debt acquirer and the creditor. 2 An offer to… Read Direct link

52. Lapse of offer

Read: Art. 177 – Lapse of offer Art. 177Art. 177 1 The creditor may declare his acceptance at any time, but the debt acquirer and the former debtor may set the creditor a time limit for acceptance and where this expires without communication from the creditor… Read Direct link

51. Accessory rights

Read: Art. 178 – Accessory rights Art. 178Art. 178 1 The rights that are accessory to the debt remain unaffected by the change of debtor save to the extent that they are inseparable from the person of the previous debtor. 2 However, pledges and sureties provide… Read Direct link

52. Objections

Read: Art. 179 – Objections Art. 179Art. 179 1 Any defences arising from the debt relationship are available to the new debtor as they were to the former. 2 The new debtor may not invoke the defences personally available to the old debtor against the cred… Read Direct link

5I. Transfer

61. Transfer costs

Read: Art. 188 – Transfer costs Art. 188Art. 188 Unless otherwise provided by agreement or custom, the seller bears the costs of transfer and in particular those of measuring and weighing, while the buyer bears those of documentation and receipt. Read Direct link

62. Transport costs

Read: Art. 189 – Transport costs Art. 189Art. 189 1 Unless otherwise provided by agreement or custom, if the object sold must be transported to a place other than the place of performance, the buyer bears the costs of such transport. 2 The seller is presumed t… Read Direct link

63. Delivery default

7a. Withdrawal from commercial transactions

Read: Art. 190 – Withdrawal from commercial transactions Art. 190Art. 190 1 Where in commercial transactions the contract specifies a time limit for delivery and the seller is in default, the presumption is that the buyer will forego delivery and claim damages for non-performance. 2… Read Direct link

7b. Liability for and computation of damages

Read: Art. 191 – Liability for and computation of damages Art. 191Art. 191 1 A seller who fails to discharge his contractual obligation is liable for the resultant damage to the buyer. 2 The buyer in a commercial transaction is entitled to compensation of the difference between the sa… Read Direct link

5II. Warranty of title

61. Warranty obligation

Read: Art. 192 – Warranty obligation Art. 192Art. 192 1 The seller is obliged to transfer the purchased goods to the buyer free from any rights enforceable by third parties against the buyer that already exist at the time the contract is concluded. 2 Where on conc… Read Direct link

62. Procedure

7a. Third-party notice

Read: Art. 193 – Third-party notice Art. 193Art. 193 Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in force… Read Direct link

7b. Surrender of object without court decision

Read: Art. 194 – Surrender of object without court decision Art. 194Art. 194 1 The seller remains subject to the warranty obligation even if the buyer has in good faith acknowledged the right of a third party without waiting for a court decision or if he has agreed to submit to arbitrat… Read Direct link

63. Rights of the buyer

7a. Full dispossession

Read: Art. 195 – Full dispossession Art. 195Art. 195 1 In the case of full dispossession, the contract of sale is deemed terminated and the buyer has the right to claim: 1. restitution of the price paid, with interest, less the value of any fruits the buyer has o… Read Direct link

7b. Partial dispossession

Read: Art. 196 – Partial dispossession Art. 196Art. 196 1 Where the buyer is dispossessed of only part of the purchased object or it is encumbered with a charge in rem for which the seller is guarantor, the buyer may not seek termination of the contract of sale but… Read Direct link

7c. Objects of cultural heritage

Read: Art. 196a – Objects of cultural heritage Art. 196aArt. 196a Inserted by Art. 32 No 2 of the Cultural Property Transfer Act of 20 June 2003, in force since 1 June 2005 (AS 2005 1869; BBl 2002 535). Inserted by Art. 32 No 2 of the Cultural Property Transfer Act of 20 Jun… Read Direct link

5III. Warranty of quality and fitness

61. Object of the warranty

7a. In general

Read: Art. 197 – In general Art. 197Art. 197 1 The seller is liable to the buyer for any breach of warranty of quality and for any defects that would materially or legally negate or substantially reduce the value of the object or its fitness for the desig… Read Direct link

7b. In livestock trading

Read: Art. 198 – In livestock trading Art. 198Art. 198 There is no warranty obligation in sales of livestock (horses, donkeys, mules, cattle, sheep, goats or pigs) unless the seller has given express warranty in writing to the buyer or has intentionally misled the… Read Direct link

62. Exclusion of warranty

Read: Art. 199 – Exclusion of warranty Art. 199Art. 199 Any agreement to exclude or limit the warranty obligation is void if the seller has fraudulently concealed the failure to comply with warranty from the buyer. Read Direct link

63. Defects known to the buyer

Read: Art. 200 – Defects known to the buyer Art. 200Art. 200 1 The seller is not liable for defects known to the buyer at the time of purchase. 2 He is not liable for defects that any normally attentive buyer should have discovered unless he assured the buyer that they d… Read Direct link

64. Notice of defects

7a. In general

Read: Art. 201 – In general Art. 201Art. 201 1 The buyer must inspect the condition of the purchased object as soon as feasible in the normal course of business and, if he discovers defects for which the seller is liable under warranty, must notify him wi… Read Direct link

7b. In livestock trading

Read: Art. 202 – In livestock trading Art. 202Art. 202 1 Where in a sale of livestock a written assurance includes no time limit and does not warrant that an animal is pregnant, the seller is not liable to the buyer unless a defect is discovered and notified within… Read Direct link

65. Intentional deceit

Read: Art. 203 – Intentional deceit Art. 203Art. 203 Where the seller has wilfully misled the buyer, liability for breach of warranty is not limited by any failure on the buyer’s part to give prompt notice of defects. Read Direct link

66. Remote sale and purchase

Read: Art. 204 – Remote sale and purchase Art. 204Art. 204 1 A buyer who complains that an object sent from another place is defective is obliged to place it in temporary storage, provided the seller has no representative in the place in which it was received, and cann… Read Direct link

67. Types of action

7a. Rescission or reduction

Read: Art. 205 – Rescission or reduction Art. 205Art. 205 1 In claims for breach of warranty of quality and fitness, the buyer may sue either to rescind the contract of sale for breach of warranty or to have the sale price reduced by way of compensation for the decrea… Read Direct link

7b. Substitute performance

Read: Art. 206 – Substitute performance Art. 206Art. 206 1 Where the contract of sale is for delivery of a specified quantity of fungibles, the buyer may choose to bring action either for rescission or for a reduction in the sale price or to request other acceptable… Read Direct link

7c. Rescission when the object is destroyed

Read: Art. 207 – Rescission when the object is destroyed Art. 207Art. 207 1 Action for rescission of the contract of sale may be brought if the object has been destroyed as a result of its defects or by accident. 2 In such cases the buyer must return only that which remains of the ob… Read Direct link

68. Rescission of the contract of sale

7a. In general

Read: Art. 208 – In general Art. 208Art. 208 1 In the event of rescission of the contract of sale the buyer must return the object to the seller together with any benefits derived from it in the interim. 2 The seller must reimburse to the buyer the sale p… Read Direct link

7b. For sales of batches or sets of objects

Read: Art. 209 – For sales of batches or sets of objects Art. 209Art. 209 1 Where the sale involves a batch or set of objects of which only some are defective, action for rescission may be brought only in respect of the defective items. 2 However, where the defective items cannot be… Read Direct link

69. Prescription

Read: Art. 210 – Prescription Art. 210Art. 210 Amended by No I of the FA of 16 March 2012 (Prescription of Guarantee Claims. Extension and Coordination), in force since 1 Jan. 2013 (AS 2012 5415; BBl 2011 2889 3903). Amended by No I of the FA of 16 March 20… Read Direct link

5I. Payment of the sale price and acceptance of the object

Read: Art. 211 – Payment of the sale price and acceptance of the object Art. 211Art. 211 1 The buyer has an obligation to pay the price in accordance with the terms of the contract and to accept the sale object provided it is offered to him by the seller as contractually agreed. 2 Unless otherwise… Read Direct link

5II. Fixing the price

Read: Art. 212 – Fixing the price Art. 212Art. 212 1 Where the buyer places a firm order without indicating the sale price, the price is presumed to be the average current market price at the place of performance. 2 Where the price is based on the weight of the… Read Direct link

5III. Time when price falls due, interest

Read: Art. 213 – Time when price falls due, interest Art. 213Art. 213 1 The price falls due as soon as the property passes into the buyer’s possession, unless some other juncture is agreed. 2 Regardless of the provision governing default on expiry of a specified time limit, inter… Read Direct link

5IV. Buyer in default

61. Seller’s right of withdrawal

Read: Art. 214 – Seller’s right of withdrawal Art. 214Art. 214 1 Where the property is to be delivered against advance payment of the price in full or in instalments and the buyer is in default on such payment, the seller is entitled to withdraw from the contract without f… Read Direct link

62. Liability for and computation of damages

Read: Art. 215 – Liability for and computation of damages Art. 215Art. 215 1 Where the buyer in a commercial transaction fails to discharge his payment obligation, the seller is entitled to compensation for the difference between the sale price and the price at which he has subsequent… Read Direct link

5I. Pre-emption events

Read: Art. 216c – Pre-emption events Art. 216cArt. 216c Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 889). Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 889).… Read Direct link

5II. Effect of pre-emption, conditions

Read: Art. 216d – Effect of pre-emption, conditions Art. 216dArt. 216d Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 889). Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 889).… Read Direct link

5III. Exercise, forfeiture

Read: Art. 216e – Exercise, forfeiture Art. 216eArt. 216e Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 889). Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 889).… Read Direct link

5I. For size

Read: Art. 219 – For size Art. 219Art. 219 1 Unless otherwise agreed, the seller of a property must compensate the buyer if it is not of the size indicated in the contract of sale. 2 Where the property is not of the size entered in the land register bas… Read Direct link

5II. Reporting defects, rectification free of charge and prescription

Read: Art. 219a – Reporting defects, rectification free of charge and prescription Art. 219aArt. 219a Inserted by No I of the FA of 20 Dec. 2024 (Construction Defects), in force since 1 Jan. 2026 (AS 2025 270; BBl 2022 2743). Inserted by No I of the FA of 20 Dec. 2024 (Construction Defects), in force since 1 J… Read Direct link

5I. Effect

Read: Art. 223 – Effect Art. 223Art. 223 1 In a sale on approval or inspection, the buyer is free to accept or refuse the object. 2 Until it is accepted, the seller remains its owner even if it has passed into the buyer’s possession. Read Direct link

5II. Inspection on the seller’s premises

Read: Art. 224 – Inspection on the seller’s premises Art. 224Art. 224 1 Where the object is to be inspected on the premises of the seller, he is released from his obligation if the buyer fails to accept the object within the agreed or customary time limit. 2 In the absence of any… Read Direct link

5III. Inspection on the buyer’s premises

Read: Art. 225 – Inspection on the buyer’s premises Art. 225Art. 225 1 Where the object has been delivered to the buyer prior to inspection, the sale is deemed to have been approved if the buyer neither declares that he rejects the object nor returns it within the agreed or cust… Read Direct link

Read: Art. 226 – Inspection on the buyer’s premises Art. 226Art. 226 Repealed by No I of the FA of 23 March 1962, with effect from 1 Jan. 1963 (AS 1962 1047; BBl 1960 I 523). Repealed by No I of the FA of 23 March 1962, with effect from 1 Jan. 1963 (AS 1962 1047; BBl 1960 I 523). Read Direct link

5I. Conclusion of the purchase

Read: Art. 229 – Conclusion of the purchase Art. 229Art. 229 1 At a compulsory auction, a contract of sale is concluded when the official auctioneer knocks the object down to the highest bidder. 2 In the case of a voluntary auction that has been publicly announced and is… Read Direct link

5II. Avoidance

Read: Art. 230 – Avoidance Art. 230Art. 230 1 Any interested party may within ten days bring a claim for avoidance in respect of an auction whose outcome has been influenced by unlawful or immoral means. 2 In the case of a compulsory auction, the avoidan… Read Direct link

5III. Binding nature of bids at auction

61. In general

Read: Art. 231 – In general Art. 231Art. 231 1 A bidder is bound by his offer according to the auction terms and conditions. 2 Unless these provide otherwise, he is released from his obligation if a higher bid is made or if his own bid is not accepted imm… Read Direct link

62. Immovable property

Read: Art. 232 – Immovable property Art. 232Art. 232 1 In the case immovable property, the highest bid must be accepted or refused at the auction itself. 2 Any condition whereby the bidder is bound to maintain his bid after the auction is void, other than in the… Read Direct link

5IV. Cash payment

Read: Art. 233 – Cash payment Art. 233Art. 233 1 The successful bidder must pay in cash unless the auction terms and conditions provide otherwise. 2 The seller may immediately withdraw from the transaction if payment is not tendered in cash or in accordance… Read Direct link

5V. Warranty

Read: Art. 234 – Warranty Art. 234Art. 234 1 Sale at compulsory auction is without warranty, apart from special assurances given or where the bidders are intentionally deceived. 2 The successful bidder acquires the object in the condition and with the a… Read Direct link

5VI. Transfer of ownership

Read: Art. 235 – Transfer of ownership Art. 235Art. 235 1 The successful bidder for a chattel acquires title to it as soon as it is knocked down to him, whereas ownership of immovable property is not transferred until the entry is made in the land register. 2 The of… Read Direct link

5VII. Cantonal provisions

Read: Art. 236 – Cantonal provisions Art. 236Art. 236 The cantons may enact other provisions governing sale at public auction within the bounds of federal law. Read Direct link

5I. Definition

Read: Art. 253 – Definition Art. 253Art. 253 Leases are contracts in which a landlord or lessor grants a tenant or lessee the use of an object in exchange for rent. Read Direct link

5II. Scope of application

61. Residential and commercial premises

Read: Art. 253a – Residential and commercial premises Art. 253aArt. 253a 1 The provisions governing the leasing of residential and commercial premises are also applicable to objects on such premises of which the tenant has use. 2 They are not applicable to holiday homes hired for t… Read Direct link

62. Provisions on protection against unfair rents

Read: Art. 253b – Provisions on protection against unfair rents Art. 253bArt. 253b 1 The provisions governing protection against unfair rents (Art. 269 et seq.) apply mutatis mutandis to non-agricultural leases and to other contracts whose essential purpose is to regulate the transfer of the… Read Direct link

5I. In general

Read: Art. 256 – In general Art. 256Art. 256 1 The landlord or lessor is required to make the object available on the agreed date in a condition fit for its designated use and to maintain it in that condition. 2 Clauses to the contrary to the detriment of… Read Direct link

5II. Duty of disclosure

Read: Art. 256a – Duty of disclosure Art. 256aArt. 256a 1 If a report was drawn up on the return of the object at the end of the previous lease, the landlord or lessor must on request make this document available for perusal by the new tenant or lessee when the obj… Read Direct link

5III. Charges and taxes

Read: Art. 256b – Charges and taxes Art. 256bArt. 256b The landlord or lessor bears all taxes and charges in connection with the leased object. Read Direct link

5I. Payment of rent and accessory charges

61. Rent

Read: Art. 257 – Rent Art. 257Art. 257 The rent is the consideration owed by the tenant or lessee to the landlord or lessor for the transfer of the use of the object. Read Direct link

62. Accessory charges

7a. In general

Read: Art. 257a – In general Art. 257aArt. 257a 1 Accessory charges are the consideration due for services provided by the landlord or lessor or a third party in connection with the use of the property. 2 They are payable by the tenant or lessee only where… Read Direct link

7b. Residential and commercial premises

Read: Art. 257b – Residential and commercial premises Art. 257bArt. 257b 1 Accessory charges for residential and commercial premises are the actual outlays made by the landlord for services connected with the use of the property, such as heating, hot water and other operating costs… Read Direct link

63. Payment deadlines

Read: Art. 257c – Payment deadlines Art. 257cArt. 257c The tenant or lessee must pay the rent and, where applicable, the accessory charges at the end of each month and at the latest on expiry of the lease, unless otherwise agreed or required by local custom. Read Direct link

64. Tenant in arrears

Read: Art. 257d – Tenant in arrears Art. 257dArt. 257d 1 Where, having accepted the property, the tenant or lessee is in arrears with payments of rent or accessory charges, the landlord or lessor may set a time limit for payment and notify him that in the event of… Read Direct link

5II. Security furnished by the tenant

Read: Art. 257e – Security furnished by the tenant Art. 257eArt. 257e 1 Where the tenant of residential or commercial premises furnishes security in the form of cash or negotiable securities, the landlord must deposit it in a bank savings or deposit account in the tenant’s name.… Read Direct link

5III. Care and consideration

Read: Art. 257f – Care and consideration Art. 257fArt. 257f 1 The tenant or lessee must use the object with all due care. 2 Where the lease relates to immovable property, the tenant must show due consideration for others who share the building and for neighbours. 3 If,… Read Direct link

5IV. Duty of notification

Read: Art. 257g – Duty of notification Art. 257gArt. 257g 1 On learning of defects which he himself is not obliged to remedy, the tenant or lessee must inform the landlord or lessor. 2 Failure to notify renders the tenant or lessee liable for any damage incurred by t… Read Direct link

5V. Duty of tolerance

Read: Art. 257h – Duty of tolerance Art. 257hArt. 257h 1 The tenant or lessee must tolerate works intended to remedy defects in the object or to repair or prevent damage. 2 The tenant or lessee must permit the landlord or lessor to inspect the object to the extent… Read Direct link

5I. Obligation of tenant to carry out minor cleaning and repairs

Read: Art. 259 – Obligation of tenant to carry out minor cleaning and repairs Art. 259Art. 259 The tenant or lessee must remedy defects which can be dealt with by minor cleaning or repairs as part of regular maintenance and, depending on local custom, must do so at his own expense. Read Direct link

5II. Rights of the tenant

61. In general

Read: Art. 259a – In general Art. 259aArt. 259a 1 Where defects arise in the object which are not attributable to the tenant or lessee and which he is not obliged to remedy at his own expense, or where he is prevented from using the object as contractually… Read Direct link

62. Remedy of defects

7a. General principle

Read: Art. 259b – General principle Art. 259bArt. 259b Where the landlord is aware of a defect and fails to remedy it within a reasonable time, the tenant may: a. terminate the contract with immediate effect if the defect renders the leased property unfit or signi… Read Direct link

7b. Exception

Read: Art. 259c – Exception Art. 259cArt. 259c The tenant or lessee is not entitled to rectification of the defect where the landlord or lessor provides full compensation for the defective object within a reasonable time. Read Direct link

63. Reduction of rent

Read: Art. 259d – Reduction of rent Art. 259dArt. 259d Where the object is rendered unfit or less fit for its designated use, the tenant or lessee may require the landlord or lessor to reduce the rent proportionately from the time when the landlord or lessor becam… Read Direct link

64. Damages

Read: Art. 259e – Damages Art. 259eArt. 259e Where the defect has caused damage to the tenant or lessee, the landlord or lessor is liable in damages unless he can prove that he was not at fault. Read Direct link

65. Assumption of litigation

Read: Art. 259f – Assumption of litigation Art. 259fArt. 259f Where a third party claims a right over the object that is incompatible with the rights of the tenant or lessee, on notification by the latter the landlord or lessor is obliged to assume responsibility for the… Read Direct link

66. Deposit of rent

7a. General principle

Read: Art. 259g – General principle Art. 259gArt. 259g 1 A tenant of immovable property requesting that a defect be remedied must, in writing, set the landlord a reasonable time limit within which to comply with such request and may warn him that, in the event of… Read Direct link

7b. Release of deposited rent

Read: Art. 259h – Release of deposited rent Art. 259hArt. 259h 1 The landlord becomes entitled to the rent paid on deposit if the tenant or lessee does not bring claims against him before the conciliation authority within 30 days of the due date for the first rent payment… Read Direct link

7c. Procedure

Read: Art. 259i – Procedure Art. 259iArt. 259i Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in forc… Read Direct link

5I. By the landlord

Read: Art. 260 – By the landlord Art. 260Art. 260 1 The landlord or lessor may renovate or modify the object only where conscionable for the tenant or lessee and the lease has not been terminated. 2 In carrying out such works, the landlord or lessor must give… Read Direct link

5II. By the tenant

Read: Art. 260a – By the tenant Art. 260aArt. 260a 1 The tenant or lessee may renovate or modify the object only with the written consent of the landlord or lessor. 2 Once such consent has been given, the landlord or lessor may require the restoration of the o… Read Direct link

5I. Alienation of the object

Read: Art. 261 – Alienation of the object Art. 261Art. 261 1 Where after concluding the contract the landlord alienates the object or is dispossessed of it in debt collection or bankruptcy proceedings, the lease passes to the acquirer together with ownership of the obj… Read Direct link

5II. Conferral of limited rights in rem

Read: Art. 261a – Conferral of limited rights in rem Art. 261aArt. 261a Where the landlord or lessor grants a third party a limited right in rem and this is tantamount to a change of ownership, the provisions governing alienation of the object apply mutatis mutandis. Read Direct link

5III. Entry under priority notice in the land register

Read: Art. 261b – Entry under priority notice in the land register Art. 261bArt. 261b 1 The parties to a lease may agree to have it entered under priority notice in the land register. 2 The effect of such entry is that every future owner must allow the property to be used in accordance with the… Read Direct link

5I. Expiry of agreed duration

Read: Art. 266 – Expiry of agreed duration Art. 266Art. 266 1 Where the parties have expressly or tacitly agreed to a limited duration, the lease comes to an end on expiry thereof without any need for notice to be given. 2 If the lease is tacitly continued, its duration… Read Direct link

5II. Notice of termination and termination dates

61. In general

Read: Art. 266a – In general Art. 266aArt. 266a 1 The parties may give notice to terminate a lease of indefinite duration by observing the legally prescribed notice periods and termination dates, except where they have agreed a longer notice period or a dif… Read Direct link

62. Immovable and movable structures

Read: Art. 266b – Immovable and movable structures Art. 266bArt. 266b A party may terminate a lease of immovable property or a movable structure by giving three months’ notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a six-month p… Read Direct link

63. Residential premises

Read: Art. 266c – Residential premises Art. 266cArt. 266c A party may terminate a lease of residential premises by giving three months’ notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a three-month period of the lease. Read Direct link

64. Commercial premises

Read: Art. 266d – Commercial premises Art. 266dArt. 266d A party may terminate the lease of a commercial property by giving six months’ notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a three-month period of the lease. Read Direct link

65. Furnished rooms and parking spaces

Read: Art. 266e – Furnished rooms and parking spaces Art. 266eArt. 266e A party may terminate the lease of furnished rooms, a separately rented parking space or other comparable facility by giving two weeks’ notice expiring at the end of a one-month period of the lease. Read Direct link

66. Chattels

Read: Art. 266f – Chattels Art. 266fArt. 266f A party may terminate a lease of chattels by giving three days’ notice expiring at any time. Read Direct link

5III. Extraordinary notice

61. Good cause

Read: Art. 266g – Good cause Art. 266gArt. 266g 1 Where performance of the contract becomes unconscionable for the parties for good cause, they may terminate the lease by giving the legally prescribed notice expiring at any time. 2 The court determines the… Read Direct link

62. Bankruptcy of the tenant or lessee

Read: Art. 266h – Bankruptcy of the tenant or lessee Art. 266hArt. 266h 1 Where the tenant or lessee becomes bankrupt after taking possession of the property, the landlord or lessor may call for security for future rent payments. He must grant the tenant or lessee and the bankrupt… Read Direct link

63. Death of the tenant or lessee

Read: Art. 266i – Death of the tenant or lessee Art. 266iArt. 266i In the event of the death of the tenant or lessee, his heirs may terminate the contract by giving the legally prescribed notice expiring on the next admissible termination date. Read Direct link

64. Chattels

Read: Art. 266k – Chattels Art. 266kArt. 266k A lessee of a chattel hired for his own private use and leased to him on a commercial basis by the lessor may terminate the lease by giving at least 30 days’ notice expiring at the end of a three-month period… Read Direct link

5IV. Required form of notice for residential and commercial premises

61. In general

Read: Art. 266l – In general Art. 266lArt. 266l 1 Notice to terminate leases of residential and commercial premises must be given in writing. 2 The landlord must give notice of termination using a form approved by the canton which informs the tenant how he… Read Direct link

62. Family residence

7a. Notice given by the tenant

Read: Art. 266m – Notice given by the tenant Art. 266mArt. 266m 1 Where the leased property serves as the family residence, one spouse may not terminate the lease without the express consent of the other. 2 If the spouse cannot obtain such consent or it is withheld without… Read Direct link

7b. Notice given by the landlord

Read: Art. 266n – Notice given by the landlord Art. 266nArt. 266n Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in forc… Read Direct link

63. Void notice

Read: Art. 266o – Void notice Art. 266oArt. 266o Notice of termination is void if it does not conform to Articles 266l–266n. Read Direct link

5I. In general

Read: Art. 267 – In general Art. 267Art. 267 1 At the end of the lease, the tenant or lessee must return the object in a condition that accords with its contractually designated use. 2 Any clause whereby the tenant or lessee undertakes to pay compensation… Read Direct link

5II. Inspection of object and notification of tenant or lessee

Read: Art. 267a – Inspection of object and notification of tenant or lessee Art. 267aArt. 267a 1 When the object is returned, the landlord or lessor must inspect its condition and immediately inform the tenant or lessee of any defects for which he is answerable. 2 If the landlord or lessor fails to do s… Read Direct link

5I. Scope

Read: Art. 268 – Scope Art. 268Art. 268 1 As security for rent for the past year and the current six-month period, a landlord of commercial premises has a special lien on chattels located on the leased premises and either used as fixtures or required… Read Direct link

5II. Objects belonging to third parties

Read: Art. 268a – Objects belonging to third parties Art. 268aArt. 268a 1 The rights of third parties to objects which the landlord knew or should have known do not belong to the tenant and to stolen, lost, missing or otherwise mislaid objects take precedence over the landlord’s s… Read Direct link

5III. Exercise of lien

Read: Art. 268b – Exercise of lien Art. 268bArt. 268b 1 Where the tenant wishes to vacate the premises or intends to remove the objects located thereon, the landlord may, with the assistance of the competent authority, retain such objects as are required to secur… Read Direct link

5I. General rule

Read: Art. 269 – General rule Art. 269Art. 269 Rents are unfair where they permit the landlord to derive excessive income from the leased property or where they are based on a clearly excessive sale price. Read Direct link

5II. Exceptions

Read: Art. 269a – Exceptions Art. 269aArt. 269a In particular, rents are not generally held to be unfair if: a. they fall within the range of rents customary in the locality or district; b. they are justified by increases in costs or by additional services… Read Direct link

5I. Request for rent reduction

61. Initial rent

Read: Art. 270 – Initial rent Art. 270Art. 270 1 Within 30 days of taking possession of the property, the tenant may challenge the initial rent as unfair within the meaning of Articles 269 and 269a before the conciliation authority and request said authorit… Read Direct link

62. During the lease

Read: Art. 270a – During the lease Art. 270aArt. 270a 1 The tenant may challenge the rent as unfair and request its reduction as of the next termination date where he has good cause to suppose that, because of significant changes to the calculation basis and most… Read Direct link

5II. Challenging rent increases and other unilateral amendments by the landlord

Read: Art. 270b – Challenging rent increases and other unilateral amendments by the landlord Art. 270bArt. 270b 1 Within 30 days of receiving notice of a rent increase, the tenant may challenge it before the conciliation authority as unfair within the meaning of Articles 269 and 269a. 2 Paragraph 1 also applies where th… Read Direct link

5III. Challenging index-linked rent

Read: Art. 270c – Challenging index-linked rent Art. 270cArt. 270c Without prejudice to the right to challenge the initial rent, a party may argue before the conciliation authority only that the rent increase or reduction requested by the other party is not justified by a cor… Read Direct link

5IV. Challenging periodical rent increases

Read: Art. 270d – Challenging periodical rent increases Art. 270dArt. 270d Without prejudice to the right to challenge the initial rent, the tenant may not challenge periodical rent increases. Read Direct link

5I. In general

Read: Art. 271 – In general Art. 271Art. 271 1 Notice of termination may be challenged where it contravenes the principle of good faith. 2 On request, reasons for giving notice must be stated. Read Direct link

5II. Notice served by the landlord

Read: Art. 271a – Notice served by the landlord Art. 271aArt. 271a 1 Notice of termination served by the landlord may be challenged in particular where it is given: a. because the tenant is asserting claims arising under the lease in good faith; b. because the landlord wishes… Read Direct link

5I. Tenant’s entitlement

Read: Art. 272 – Tenant’s entitlement Art. 272Art. 272 1 The tenant may request the extension of a fixed-term or open-ended lease where termination of the lease would cause a degree of hardship for him or his family that cannot be justified by the interests of the… Read Direct link

5II. Exclusion of extension

Read: Art. 272a – Exclusion of extension Art. 272aArt. 272a 1 No extension is granted where notice of termination is given: a. because the tenant is in default on his payments (Art. 257d); b. because the tenant is in serious breach of his duty of care and consideration… Read Direct link

5III. Length of extension

Read: Art. 272b – Length of extension Art. 272bArt. 272b 1 A lease may be extended by up to four years in the case of residential premises and by up to six years for commercial premises. Within these overall limits, one or two extensions may be granted. 2 Where the… Read Direct link

5IV. Continued validity of lease

Read: Art. 272c – Continued validity of lease Art. 272cArt. 272c 1 Either party may ask the court to modify the lease in line with changed circumstances when deciding on the lease extension. 2 Where the lease is not varied in the decision on the lease extension, it remains… Read Direct link

5V. Notice given during extension

Read: Art. 272d – Notice given during extension Art. 272dArt. 272d Unless the decision on extension or the extension agreement stipulates otherwise, the tenant may terminate the lease: a. by giving one month’s notice expiring at the end of a calendar month in cases where the… Read Direct link

51. Residential and commercial premises

Read: Art. 276 – Residential and commercial premises Art. 276Art. 276 The provisions governing usufructuary leases of residential and commercial premises also apply to objects made available together with such premises for the use and enjoyment of the tenant. Read Direct link

52. Agricultural lease

Read: Art. 276a – Agricultural lease Art. 276aArt. 276a 1 Usufructuary leases relating to agricultural enterprises or to agricultural land and buildings are governed by the Federal Act of 4 October 1985SR 221.213.2 on Agricultural Leases, insofar as it contains spe… Read Direct link

51. In general

Read: Art. 281 – In general Art. 281Art. 281 1 The lessee must pay the rent and, where applicable, the accessory charges at the end of each year of the lease but not later than when the lease expires, save where another payment date is stipulated by agree… Read Direct link

52. Lessee in arrears

Read: Art. 282 – Lessee in arrears Art. 282Art. 282 1 Where, having accepted the property, the lessee is in arrears with payments of rent or accessory charges, the lessor may set a time limit of at least 60 days for payment and notify him that in the event of no… Read Direct link

51. Care and consideration

Read: Art. 283 – Care and consideration Art. 283Art. 283 1 The lessee must use the leased object with due care in accordance with its intended use and in particular must ensure that its long-term productivity is sustained. 2 Where the usufructuary lease relates to im… Read Direct link

52. Normal maintenance

Read: Art. 284 – Normal maintenance Art. 284Art. 284 1 The lessee must carry out the normal maintenance of the leased object. 2 In accordance with local custom, he must carry out minor repairs and replace inexpensive equipment and tools which have become useless… Read Direct link

53. Breach of duty by the lessee

Read: Art. 285 – Breach of duty by the lessee Art. 285Art. 285 1 If, despite written warning from the lessor, the lessee continues to act in breach of his duty of care, consideration or maintenance such that continuation of the usufructuary lease becomes unconscionable for… Read Direct link