Swiss contract law
is among the most frequently chosen laws for commercial contracts. This practice-oriented book provides a comprehensive description of the basics of Swiss contract law with an emphasis on topics and contracts that are frequently in dispute between commercial parties. Grounded in a remedies-based approach, the analysis draws primarily on a thorough examination of the Swiss Federal Supreme Court’s case law.
With numerous references to decisions of that court and informal translations of the most important parts, the issues and topics covered include the following:
relationship between the Civil Code and the Code of Obligations;
legal capacity to enter into a contract;
required scope of the parties’ mutual expressions of intent;
defects in consent;
amending the content of a contract due to changed circumstances;
performance of contractual obligations;
concluding a contract via a third party;
multiple creditors and/or debtors;
breach of contract and legal remedies;
termination of contracts; and
specific contracts of particular commercial relevance (sales contract, contract for work, mandate agreement, settlement agreement).
The remedies at the centre of the book make its details particularly accessible to foreign practitioners, notably those with a common law background.
With its focus on dispute resolution, the book will equip practitioners with a confident understanding of how Swiss law regulates the creation, performance, termination, and enforcement of commercial contracts. It will prove of immeasurable value to corporate counsel and international law firms.