OR Art. 873 -

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. 873 OR from 2025

Art. 873 Procedure in insolvency

¹ In the event of the insolvency of a cooperative in which the members are personally liable or liable to make additional contributions, at the same time as they draw up the schedule of claims the insolvency administrators must determine and call in the provisional personal liability of each individual member or the additional contributions they must make.

² Irrecoverable amounts must be spread equally among the other members, and surpluses repaid once the final distribution plan has been formulated. The members’ right of recourse against each other is reserved.

³ The provisional determination of members’ obligations and the distribution plan are subject to challenge by appeal on procedural grounds pursuant to the Debt Enforcement and Bankruptcy Act of 11 April 1889 ⁽¹⁾ .

⁴ The procedure is determined by Federal Council ordinance. ⁽²⁾