OR Art. 288 -
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. 288 OR from 2025
Art. 288 Rights of the lessee on non-performance or defective performance
1 The provisions on leases in Title 8 (Art. 258 and 259a–259i) apply mutatis mutandis:a. where the lessor fails to hand over the property on the agreed date or hands it over in a defective condition;b. where defects arise in the object which are not attributable to the lessee and which he is not obliged to remedy at his own expense, or where he is prevented from using the object as contractually agreed.
2 Clauses to the contrary to the detriment of the lessee are void if they are set out:a. in previously formulated general terms and conditions;b. in usufructuary leases for residential or commercial premises.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
