Swiss contract law is an integral element of the 5th of the Swiss Civil Code (ZGB) and is governed by the Swiss Code of Obligations (OR). More specifically, it relates to the law of purchases, labor law and the law of tenancy. In order to conclude a contract, two concordant, mutual declarations of intent by the parties are required (cf. OR 1).
Regardless of whether the contract is personal or business, there are some aspects that must be taken very seriously before finalizing a binding agreement, which is why we strongly recommend that you consult a qualified English-speaking contract attorney from the onset.
The Swiss Code of Obligations operates on the general principle of freedom of contract. This gives a person complete discretion, on the basis of the law, to determine with whom and with what subject matter he or she desires to engage in a contract.
Contractual Clauses: With regard to the title “Contractual Clauses”, Standard Clauses as well as additional Contractual Clauses are dealt with. While standard clauses – such as the stipulation of the legal jurisdiction or the applicable law – are part of most contracts, other specific clauses – for example indemnity clauses, exclusive clauses or non-competition clauses – are included in contracts on an individual basis, depending on the facts of the case.
Remedies: If a delivered item or object is flawed or defective or fails to comply with the agreements, the Purchaser is entitled to certain remedies.
Freedom to terminate or amend: The parties themselves may agree on the conditions under which the contract may be terminated or amended.
Swiss attorneys with LL.M. degrees and fluent in English, will assist you in drafting and reviewing contracts and contractual agreements, guide and advise you in contract negotiations, and represent your interests in both out-of-court and in-court disputes and before all instances, especially in the following contracts:
Purchase contract, lease contract, contract for work, order, distribution contract, agency contract, supply and successive supply contract, outsourcing, production contract, consulting contract, etc.