Federal Act on the Amendment of the Swiss Civil Code (OR) Art. 134
Zusammenfassung der Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 134 OR from 2024
Art. 134 Prevention and suspension of the prescriptive period
1 The prescriptive period does not commence and, if it has begun, is suspended:1. (1) in respect of the claims of children against their parents, until the children reach the age of majority;2. (2) in respect of the claim of person lacking capacity of judgement against his or her carer, for the duration of the advance care directive;3. in respect of the claims of spouses against each other, for the duration of the marriage;3bis. (3) in respect of the claims of registered partners against each other, for the duration of the registered partnership;4. (4) in respect of the claim of an employee against his employer with whom he shares a household, for the duration of the employment relationship;5. for as long as the debtor has the usufruct of the claim;6. (5) for as long as the claim cannot be brought before a court for objective reasons;7. (6) for claims made by or against a testator, for the duration of the public inventory procedure;8. (6) for the duration of settlement talks, mediation proceedings or any other extra-judicial dispute resolution procedure, provided the parties agree thereon in writing.
2 The prescriptive period begins or resumes at the end of the day on which the cause of prevention or suspension ceases to apply.
3 The specific provisions of debt collection and bankruptcy law are unaffected.
(1) Amended by Annex No 1 to the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 ([AS 2015 4299]; [BBl 2014 529]).
(2) Amended by Annex No 10 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 ([AS 2011 725]; [BBl 2006 7001]).
(3) Inserted by Annex No 11 to the [AS 2005 5097]; [BBl 2004 4955 ][4965 ]of 18 June 2004, in force since 1 Jan. 2007 ([AS 2005 5685]; [BBl 2003 1288]).
(4) Amended by No II Art. 1 No 5 of the FA of 25 June 1971, in force since 1 Jan. 1972 ([AS 1971 1465]; [BBl 1967 II 241]). See also the Final and Transitional Provisions of Title X, at the end of this Code.
(5) 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]).
(6) (7)
(7) 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]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
