OR Art. 181 -
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. 181 OR from 2024
Art. 181 Assignment of assets or a business with assets and liabilities
1 A person to whom assets or a business with assets and liabilities are assigned automatically becomes liable to the creditors of the debts encumbering such assets or business on notification of the assignment to the creditors by him or by publication in official journals.
2 However, the previous debtor remains jointly and severally liable with the new debtor for three years, commencing on the date of notification or publication in the case of claims already due and on the maturity date in the case of claims falling due subsequently. (1)
3 In other respects, an assumption of debt of this kind has the same effect as the assumption of an individual debt.
4 The takeover by assignment of assets or businesses of commercial enterprises, cooperatives, associations, foundations or sole proprietorships registered in the commercial register is governed by the provisions of the Mergers Act of 3 October 2003 (2) . (3)
(1) Amended by Annex No 2 to the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 ([AS 2004 2617]; [BBl 2000 4337]).
(2) [SR 221.301]
(3) Inserted by Annex No 2 to the Mergers Act of 3 Oct. 2003 ([AS 2004 2617]; [BBl 2000 4337]). Amended by No I 3 of the FA of 16 Dec. 2005 (Law on Limited Liability Companies and Amendments to the Law on Companies limited by Shares, Cooperatives, the Commercial Register and Business Names), in force since 1 Jan. 2008 ([AS 2007 4791]; [BBl 2002 3148], [2004 3969]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
