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Art. 42 – Determining the damage

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Art. 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 events and the steps taken by the person suffering damage.

3

The costs of treating animals kept as pets rather than for investment or commercial purposes may be claimed within appropriate limits as a loss even if they exceed the value of the animal.26

  1. 26 Inserted by No II of the FA of 4 Oct. 2002 (Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 3885 5418).
Legal act context
SR 220 · CO · Federal act · Federal Act of 30 March 1911 on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations)
Structure path
Division One: General Provisions Title One: Creation of Obligations Section Two: Obligations in Tort A. General principles II. Determining the damage
Language
English (en)
Data status
2026-01-01

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