OR Art. 158 -
Einleitung zur 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. 158 OR from 2025
Art. 158 Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties A. Earnest and forfeit money
1 Earnest money paid on entering into a contract is deemed a mark of the party’s intention to honour the contract rather than a forfeit.
2 Unless otherwise stipulated by agreement or local custom, the earnest money is retained by the recipient without being deducted from his claim.
3 Where a sum of forfeit money has been agreed, the party that paid the sum may withdraw from the contract by relinquishing it and the party that received it by returning twice the amount.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
