brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Two: The Chattel Sale
C. Obligations of the buyer
III. Time when price falls due, interest

Art. 213

1 The price falls due as soon as the property passes into the buyer’s possession, unless some other juncture is agreed.

2 Regardless of the provision governing default on expiry of a specified time limit, interest accrues on the sale price even if no reminder is issued where such practice is customary or the buyer may derive fruits or other benefits from the purchased object.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Two: The Chattel Sale
C. Obligations of the buyer
IV. Buyer in default
1. Seller’s right of withdrawal

Art. 214

1 Where the property is to be delivered against advance payment of the price in full or in instalments and the buyer is in default on such payment, the seller is entitled to withdraw from the contract without further formality.

2 However, if he intends to exercise this right he must notify the buyer immediately.

3 Where the purchased object has passed into the buyer’s possession prior to payment, the seller may withdraw from the contract on the grounds that the buyer is in default and demand the return of the object only if he has expressly reserved the right to do so.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Two: The Chattel Sale
C. Obligations of the buyer
IV. Buyer in default
2. Liability for and computation of damages

Art. 215

1 Where the buyer in a commercial transaction fails to discharge his payment obligation, the seller is entitled to compensation for the difference between the sale price and the price at which he has subsequently sold the object in good faith.

2 In the case of goods with a market or stock exchange price, the seller is entitled to claim as damages the difference between the contractual sale price and the market price at the time of performance without needing to sell the object on.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
A. Formal requirements

Art. 216

1 A contract for the sale of immovable property is valid only if done as a public deed.

2 A preliminary contract and an agreement conferring a right of pre-emption, purchase or repurchase in relation to immovable property is valid only if done as a public deed.[76](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e4629) 

3 An agreement conferring a right of pre-emption without fixing a price is valid if done in writing.[77](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e4648) 

[76](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4629) Amended by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 ([AS **1993** 1404](eli/oc/1993/1404%5F1404%5F1404/en); _BBl **1988** III 889_).

[77](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4648) Amended by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 ([AS **1993** 1404](eli/oc/1993/1404%5F1404%5F1404/en); _BBl **1988** III 889_).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
Abis. Duration and priority notice

Art. 216a78

Rights of pre-emption or repurchase may be agreed for a maximum duration of 25 years and rights of purchase for a maximum of 10 years, and they may be entered under priority notice in the land register.

[78](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4673) Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 ([AS **1993** 1404](eli/oc/1993/1404%5F1404%5F1404/en); _BBl **1988** III 889_).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
Ater. Inheritance and assignment

Art. 216b79

1 Unless otherwise agreed, contractual rights of pre-emption, purchase and repurchase may be inherited but not assigned.

2 Where assignment is permitted by contractual agreement, it is subject to the same formal requirements as apply to the establishment of the right.

[79](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4702) Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 ([AS **1993** 1404](eli/oc/1993/1404%5F1404%5F1404/en); _BBl **1988** III 889_).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
Aquater. Rights of pre-emption
I. Pre-emption events

Art. 216c80

1 A right of pre-emption may be exercised on the sale of the immovable property or any other legal transaction economically equivalent to a sale (pre-emption event).

2 In particular, the following are not pre-emption events: allocation to an heir in the division of an estate, forced sale, or acquisition in performance of public duties.

[80](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4737) Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 ([AS **1993** 1404](eli/oc/1993/1404%5F1404%5F1404/en); _BBl **1988** III 889_).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
Aquater. Rights of pre-emption
II. Effect of pre-emption, conditions

Art. 216d81

1 The seller must inform persons with a right of pre-emption of the conclusion and content of any contract of sale entered into.

2 Where the contract of sale is terminated after the right of pre-emption has been exercised or if necessary permission is refused for reasons pertaining to the person of the buyer, such termination or refusal has no effect on the person to whom the right of pre-emption accrues.

3 Unless the pre-emption agreement provides otherwise, the person with the right of pre-emption may purchase the property on the conditions agreed by the seller with the third party.

[81](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4767) Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 ([AS **1993** 1404](eli/oc/1993/1404%5F1404%5F1404/en); _BBl **1988** III 889_).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
Aquater. Rights of pre-emption
III. Exercise, forfeiture

Art. 216e82

A person wishing to exercise his right of pre-emption must give notice of his intention within three months to the seller or, if it is entered in the land register, to the owner. This time limit commences on the day on which the person with the right of pre-emption became aware of the conclusion and content of the contract of sale.

[82](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4800) Inserted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 ([AS **1993** 1404](eli/oc/1993/1404%5F1404%5F1404/en); _BBl **1988** III 889_).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
B. Conditional purchase and reservation of ownership

Art. 217

1 Conditional purchases of immovable property are not entered in the land register until the condition has been fulfilled.

2 A reservation of ownership may not be entered in the land register.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
C. Agricultural properties

Art. 21883

The Federal Act of 4 October 1991[84](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e4858) on Rural Land Rights applies to the sale of agricultural properties.

[83](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4838) Amended by Art. 92 No 2 of the FA of 4 Oct. 1991 on Rural Land Rights, in force since 1 Jan. 1994 ([AS **1993** 1410](eli/oc/1993/1410%5F1410%5F1410/en);[BBl **1988** III 953](eli/fga/1988/3%5F953%5F889%5F821/en)).

[84](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4858) [SR **211.412.11**](eli/cc/1993/1410%5F1410%5F1410/en)
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
D. Warranty

Art. 219

1 Unless otherwise agreed, the seller of a property must compensate the buyer if it is not of the size indicated in the contract of sale.

2 Where the property is not of the size entered in the land register based on an official survey, the seller must compensate the buyer only where he gave express warranty to that effect.

3 The warranty obligation in respect of defects in a building prescribes five years after ownership is acquired.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
E. Benefits and risks

Art. 220

Where the agreement stipulates a date on which the buyer is to take possession of the property, the presumption is that the associated benefits and risks do not pass to the buyer until that date.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Three: The Sale of Immovable Property
F. Reference to chattel sale

Art. 221

In other respects, the provisions governing chattel sale apply _mutatis mutandis_ to the sale and purchase of land.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
A. Sale by sample

Art. 222

1 In a sale by sample, the person to whom the sample was entrusted is not obliged to prove that the sample he presented is identical with the one received; his personal assurance to the court is sufficient, even where the sample presented has altered in form since delivery, provided that such alteration was a necessary consequence of the examination made of the sample.

2 In any event the other party is entitled to prove that the sample is not the same one.

3 If the sample has been spoiled or been destroyed while in the possession of the buyer, even if he was not at fault, the onus is not on the seller to prove that the object conforms with the sample, but on the buyer to prove the contrary.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
B. Sale on approval or inspection
I. Effect

Art. 223

1 In a sale on approval or inspection, the buyer is free to accept or refuse the object.

2 Until it is accepted, the seller remains its owner even if it has passed into the buyer’s possession.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
B. Sale on approval or inspection
II. Inspection on the seller’s premises

Art. 224

1 Where the object is to be inspected on the premises of the seller, he is released from his obligation if the buyer fails to accept the object within the agreed or customary time limit.

2 In the absence of any such time limit the seller may, after an appropriate interval, call on the buyer to declare whether he accepts the object, and the seller is released from his obligation if the buyer fails to make such declaration immediately on request.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
B. Sale on approval or inspection
III. Inspection on the buyer’s premises

Art. 225

1 Where the object has been delivered to the buyer prior to inspection, the sale is deemed to have been approved if the buyer neither declares that he rejects the object nor returns it within the agreed or customary time limit or, in the absence of any such time limit, immediately on demand by the seller_._ 

2 The sale is similarly treated as completed, if the buyer pays the whole or part of the price without reservation or if he deals with the property otherwise than was necessary for its inspection.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
B. Sale on approval or inspection
III. Inspection on the buyer’s premises

Art. 22685

[85](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4966) Repealed by No I of the FA of 23 March 1962, with effect from 1 Jan. 1963 ([AS **1962** 1047](eli/oc/1962/1047%5F1082%5F1085/en);[BBl **1960** I 523](eli/fga/1960/1%5F523%5F537%5F282/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
C. ...

Art. 226a–226d86

[86](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e4993) Inserted by No I of the FA of 23 March 1962 ([AS **1962** 1047](eli/oc/1962/1047%5F1082%5F1085/en);[BBl **1960** I 523](eli/fga/1960/1%5F523%5F537%5F282/en)). Repealed by Annex 2 No II 1 to the FA of 23 March 2001 on Consumer Credit, with effect from 1 Jan. 2003 ([AS **2002** 3846](eli/oc/2002/593/en);[BBl **1999** III 3155](eli/fga/1999/1%5F3155%5F2879%5F2697/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
C. ...

Art. 226e87

[87](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5025) Inserted by No I of the FA of 23 March 1962 ([AS **1962** 1047](eli/oc/1962/1047%5F1082%5F1085/en);[BBl **1960** I 523](eli/fga/1960/1%5F523%5F537%5F282/en)). Repealed by No I of the FA of 14 Dec. 1990, with effect from 1 July 1991 ([AS **1991** 974](eli/oc/1991/974%5F974%5F974/en);[BBl **1989** III 1233](eli/fga/1989/3%5F1233%5F%5F/en), [**1990** I 120](eli/fga/1990/1%5F120%5F108%5F103/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
C. ...

Art. 226f–226k88

[88](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5064) Inserted by No I of the FA of 23 March 1962 ([AS **1962** 1047](eli/oc/1962/1047%5F1082%5F1085/en);[BBl **1960** I 523](eli/fga/1960/1%5F523%5F537%5F282/en)). Repealed by Annex 2 No II 1 to the FA of 23 March 2001 on Consumer Credit, with effect from 1 Jan. 2003 ([AS **2002** 3846](eli/oc/2002/593/en);[BBl **1999** III 3155](eli/fga/1999/1%5F3155%5F2879%5F2697/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
C. ...

Art. 226l89

[89](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5096) Inserted by No I of the FA of 23 March 1962 ([AS **1962** 1047](eli/oc/1962/1047%5F1082%5F1085/en);[BBl **1960** I 523](eli/fga/1960/1%5F523%5F537%5F282/en)). Repealed by Annex No 5 to the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 ([AS **2000** 2355](eli/oc/2000/374/en);[BBl **1999** III 2829](eli/fga/1999/1%5F2829%5F2591%5F2427/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
C. ...

Art. 226m90

[90](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5127) Inserted by No I of the FA of 23 March 1962 ([AS **1962** 1047](eli/oc/1962/1047%5F1082%5F1085/en);[BBl **1960** I 523](eli/fga/1960/1%5F523%5F537%5F282/en)). Repealed by Annex 2 No II 1 to the FA of 23 March 2001 on Consumer Credit, with effect from 1 Jan. 2003 ([AS **2002** 3846](eli/oc/2002/593/en);[BBl **1999** III 3155](eli/fga/1999/1%5F3155%5F2879%5F2697/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
C. ...

Art. 22791

[91](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5158) Repealed by No I of the FA of 23 March 1962, with effect from 1 Jan. 1963 ([AS **1962** 1047](eli/oc/1962/1047%5F1082%5F1085/en);[BBl **1960** I 523](eli/fga/1960/1%5F523%5F537%5F282/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
C. ...

Art. 227a–227i92

[92](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5182) Inserted by No I of the FA of 23 March 1962 ([AS **1962** 1047](eli/oc/1962/1047%5F1082%5F1085/en);[BBl **1960** I 523](eli/fga/1960/1%5F523%5F537%5F282/en)). Repealed by No I of the FA of 13 Dec. 2013 (Repeal of the Provisions on Advance Payment Agreements), with effect from 1 July 2014 ([AS **2014** 869](eli/oc/2014/184/en);[BBl **2013** 4631 ](eli/fga/2013/864/en)[5793](eli/fga/2013/1039/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
C. ...

Art. 22893

[93](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5215) Repealed by No I of the FA of 13 Dec. 2013 (Repeal of the Provisions on Advance Payment Agreements), with effect from 1 July 2014 ([AS **2014** 869](eli/oc/2014/184/en);[BBl **2013** 4631 ](eli/fga/2013/864/en)[5793](eli/fga/2013/1039/en)).
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
D. Auctions
I. Conclusion of the purchase

Art. 229

1 At a compulsory auction, a contract of sale is concluded when the official auctioneer knocks the object down to the highest bidder.

2 In the case of a voluntary auction that has been publicly announced and is open to all bidders, a contract of sale is concluded when the seller accepts the bid of the highest bidder.

3 Unless the seller has expressed some other intention, the auctioneer is deemed to have the authority to knock the object down to the highest bidder.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
D. Auctions
II. Avoidance

Art. 230

1 Any interested party may within ten days bring a claim for avoidance in respect of an auction whose outcome has been influenced by unlawful or immoral means.

2 In the case of a compulsory auction, the avoidance claim must be brought before the supervisory authority, and in all other cases before the court.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
D. Auctions
III. Binding nature of bids at auction
1. In general

Art. 231

1 A bidder is bound by his offer according to the auction terms and conditions.

2 Unless these provide otherwise, he is released from his obligation if a higher bid is made or if his own bid is not accepted immediately after the usual call has been made.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
D. Auctions
III. Binding nature of bids at auction
2. Immovable property

Art. 232

1 In the case immovable property, the highest bid must be accepted or refused at the auction itself.

2 Any condition whereby the bidder is bound to maintain his bid after the auction is void, other than in the case of compulsory auctions or sales of land or buildings that require official approval.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
D. Auctions
IV. Cash payment

Art. 233

1 The successful bidder must pay in cash unless the auction terms and conditions provide otherwise.

2 The seller may immediately withdraw from the transaction if payment is not tendered in cash or in accordance with the auction terms and conditions.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
D. Auctions
V. Warranty

Art. 234

1 Sale at compulsory auction is without warranty, apart from special assurances given or where the bidders are intentionally deceived.

2 The successful bidder acquires the object in the condition and with the attendant rights and encumbrances indicated in the public registers or the lot description and/or those that exist by operation of law.

3 In sales at voluntary public auction, the seller has the same liability as in any other sale, but in the lot description he may disclaim any warranty obligation with the exception of liability for intentional deceit.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
D. Auctions
VI. Transfer of ownership

Art. 235

1 The successful bidder for a chattel acquires title to it as soon as it is knocked down to him, whereas ownership of immovable property is not transferred until the entry is made in the land register.

2 The official auctioneers immediately notify the land registry of the sale at auction by reference to the formal auction record.

3 The provisions governing acquisition of ownership at compulsory auction are reserved.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Four: Special Types of Sale
D. Auctions
VII. Cantonal provisions

Art. 236

The cantons may enact other provisions governing sale at public auction within the bounds of federal law.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Five: The Contract of Exchange
A. Reference to provisions governing purchase

Art. 237

The rules governing contracts of sale also apply to contracts of exchange in the sense that each party to the exchange is treated as seller in respect of the object promised by him and as buyer in respect of the object promised to him.
Division Two: Types of Contractual Relationship
Title Six: Sale and Exchange
Section Five: The Contract of Exchange
B. Warranty

Art. 238

A party to the exchange who is dispossessed of the object received or has returned it as defective may either claim for damages or for the return of the object that he delivered.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
A. Definition

Art. 239

1 A gift is any inter vivos disposition in which a person uses his assets to enrich another without receiving an equivalent consideration.

2 Waiving a right before having acquired it or renouncing an inheritance does not constitute a gift.

3 The performance of a moral duty is not considered to be a gift.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
B. Personal capacity
I. Of the donor

Art. 240

1 A person with capacity to act may make gifts of his assets within the bounds imposed by matrimonial property law and inheritance law.

2 The assets of a person who lacks capacity to act may be used only to make customary occasional gifts. The liability of the legal representative is reserved.[94](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e5401) 

3 ...[95](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e5419) 

[94](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5401) Amended by Annex No 10 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 ([AS **2011** 725](eli/oc/2011/114/en);[BBl **2006** 7001](eli/fga/2006/899/en)).

[95](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5419) Repealed by Annex No 10 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), with effect from 1 Jan. 2013 ([AS **2011** 725](eli/oc/2011/114/en);[BBl **2006** 7001](eli/fga/2006/899/en)).
Division Two: Types of Contractual Relationship
Title Seven: The Gift
B. Personal capacity
II. Of the recipient

Art. 241

1 A person who lacks capacity to act may accept and legally acquire title to a gift provided he has capacity to consent.

2 However, the gift is not acquired or is annulled where his legal representative forbids him to accept it or instructs him to return it.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
C. Establishing the gift
I. From hand to hand

Art. 242

1 A gift from hand to hand is made when the donor presents the object to the recipient.

2 Gifts of title or rights in rem to immovable property are not effective until an entry is made in the land register.

3 The entry presupposes a valid promise to give.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
C. Establishing the gift
II. Promise of a gift

Art. 243

1 The promise of a gift is valid only if done in writing.

2 A promise to give title or rights in rem to immovable property is valid only if done as a public deed.

3 On fulfilment of the promise to give, the relationship is treated as a gift from hand to hand.