OR Art. 195 -
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. 195 OR from 2025
Art. 195 Rights of the buyer a. Full dispossession
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 obtained or neglected to obtain from the object and other benefits derived therefrom;2. reimbursement of his expenditures on the object, to the extent this cannot be obtained from the third party with the superior right;3. reimbursement of all judicial and extra-judicial costs arising from the proceedings, apart from those he would have avoided by serving third-party notice on the seller;4. compensation for all other damage directly caused by the dispossession.2 The seller is also obliged to make good any further loss suffered by the buyer unless the seller can prove that he is not at fault.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.