OR Art. 397 -
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. 397 OR from 2025
Art. 397 Obligations of the mandatee 1. Compliance with instructions
1 A mandatee who has received instructions from the mandator on how to conduct the business entrusted to him may deviate from them only to the extent that circumstances prevent him from obtaining the mandator’s permission and that he may safely assume such permission would have been forthcoming had the mandator been aware of the situation.
2 Where such conditions are not satisfied and the mandatee nevertheless deviates from the mandator’s instructions to the latter’s detriment, the mandate is deemed to have been performed only if the mandatee accepts liability for the resultant damage.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
