Swiss Contract Law is a practice-oriented book that comprehensively describes the basics of Swiss contract law, which is among the most frequently chosen laws for commercial contracts, emphasizing topics and contracts that are recurrently disputed between commercial parties. Founded on a remedies-based approach, the analysis draws primarily on thoroughly examining the Swiss Federal Supreme Court’s case law.
What’s in this book:
With several references to decisions of that court and informal translations of the most critical parts, the following issues and topics are covered:
- 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)
At the centre of the book are remedies that make its details particularly accessible to foreign practitioners, notably those with a common law background.
How this will help you:
Focusing on dispute resolution, this book will guarantee practitioners a confident understanding of how Swiss law regulates commercial contract creation, performance, termination, and enforcement. Corporate counsel and international law firms will highly appreciate it.
