Federal Act on the Amendment of the Swiss Civil Code (OR) Art. 494
Zusammenfassung der 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. 494 OR from 2024
Art. 494 Spouse’s consent
1 A married person may validly stand as surety only with the written consent of his spouse given in advance or at the latest simultaneously, unless the spouses are separated by court judgment.
2 ... (1)
3 The spouse’s consent to subsequent amendments of a contract of surety is required only where the total liability is to be increased or a simple surety is to be transformed into a joint and several surety, or where the effect of the amendment is to diminish the level of security substantially.
4 The same applies mutatis mutandis to registered partners. (2)
(1) Repealed by No I of the FA of 17 June 2005 (Sureties. Spouse’s consent), with effect from 1 Dec. 2005 ([AS 2005 5097]; [BBl 2004 4955 ][4965]).
(2) Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ([AS 2005 5685]; [BBl 2003 1288]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.