OR Art. 499 -
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. 499 OR from 2024
Art. 499 Relationship between the surety and the creditor a. Scope of liability
1 In all cases, the surety’s liability is limited to the maximum amount indicated in the surety bond.
2 Unless otherwise agreed, he is liable up to this limit for:1. the amount of the principal obligation, including the legal consequences of any fault or default on the part of the principal debtor, but not for damage resulting from the extinction of the contract and any contractual penalty unless this was expressly agreed;2. the costs of debt enforcement proceedings and legal action brought against the principal debtor, provided that the surety was given timely opportunity to avoid them by satisfying the creditor, and, where applicable, for the costs of delivering pledges and transferring liens;3. interest at the contractually agreed rate up to a maximum of the interest payable for the current year and the previous year or, where applicable, for the annual payments due for the current year and the previous year.
3 Unless otherwise provided by the contract or dictated by the circumstances, the surety is liable only for the principal debtor’s obligations arising after the contract of surety was concluded.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
