Swiss Code of Obligations

Swiss Code of Obligations
Original title German: Obligationenrecht; French: Code des obligations; Italian: Diritto delle obbligazioni; Romansh: Dretg d'obligaziuns
Ratified 30 March 1911
Date effective 1 January 1912 (current version as of 1 July 2016)
Location SR220
Author(s) Walther Munzinger, Heinrich Fick
Purpose Regulates contract law and corporations

The Swiss Code of Obligations ('SR22, German: Obligationenrecht; French: Code des obligations; Italian: Diritto delle obbligazioni; Romansh: Dretg d'obligaziuns) is a portion of the Swiss Civil Code that regulates contract law and corporations (Aktiengesellschaft). It was first adopted in 1911 (effective since 1 January 1912).[1][2]

It is divided into a general part, which applies to all contracts, and a special part, which applies to specific types of contracts, such as sales of goods or loans.[2]

The Code is governed by the principle of the freedom to contract, which includes freedom as to the content and type of the contract, and the freedom of the parties to enter into agreements which are not governed by the special part of the Code.

History and influences

The first version, drafted by Walther Munzinger and Heinrich Fick, entered into force in 1883, and was subsequently revised and expanded to form the Swiss Code of Obligations of 1912.[3] The first version of the Swiss Code of Obligations inspired similar legislation in Germany, Italy and Turkey.[3] The Code of Obligations was drafted in a strikingly understandable style, without many instances of abstract legal terminology, so that it could be readily understood by the common population.[3]

The Code was revised in 2011, so that in the future requirements for book-keeping and accounting will not depend on a company's legal form, but on its financial size.[4]

See also

Notes and references

  1. ↑ "SR 22 Zivilgesetzbuch" (official website) (in German, French, and Italian). Berne, Switzerland. 10 September 1916. Retrieved 2016-09-17.
  2. 1 2 "SR 220 Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations) of 30 March 1911 (Status as of 1 July 2016)" (official website). Berne, Switzerland: Swiss Federal Council. 10 September 1916. Retrieved 2016-09-17.
  3. 1 2 3 "Celebrating 100 Years Swiss Code of Obligations – a brief history of a remarkable codification" (PDF). Fribourg, Switzerland: University of Fribourg. Retrieved 7 September 2013.
  4. ↑ "All changes to the Swiss Code of Obligations at a glance" (PDF). PwC. Retrieved 7 September 2013.
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