brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Seven: The Gift
C. Establishing the gift
III. Effect of acceptance

Art. 244

A person who bestows an object on another person by way of a gift may reverse the bestowal at any time before the recipient has accepted it, even where he has effectively separated it from his assets.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
D. Conditions and provisos
I. In general

Art. 245

1 Conditions or provisos may be attached to a gift.

2 A gift whose occurrence is made contingent on the donor’s death is subject to the provisions governing testamentary dispositions.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
D. Conditions and provisos
II. Fulfilment of provisos

Art. 246

1 The donor may bring action for fulfilment of a proviso that has been accepted by the recipient.

2 Where fulfilment of the proviso is in the public interest, the competent authority may compel fulfilment after the death of the donor.

3 The recipient may refuse to fulfil the proviso if the value of the gift does not cover the expenses occasioned by the proviso and he is not reimbursed for the shortfall.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
D. Conditions and provisos
III. Reversion clause

Art. 247

1 The donor may provide that the object given shall revert to him in the event that the recipient dies before he does.

2 A reversionary right attached to a gift of title or rights in rem to immovable property may be entered under priority notice in the land register.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
E. Liability of the donor

Art. 248

1 The donor is liable for damage caused by the gift to the recipient only in the event of wilful injury or gross negligence.

2 He need give only such warranty as he has promised in respect of the object given or the claim assigned.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
F. Annulment of gifts
I. Claim for return of gift

Art. 249

Where a gift has been made from hand to hand or a promise to give has been fulfilled, the donor may revoke the gift and claim return of the object given, provided the recipient is still enriched thereby:

 1.[96](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e5562) 

 if the recipient has committed a serious criminal offence against the donor or a person close to him;

2.

 if the recipient has grossly neglected his duties under family law towards the donor or any of the latter’s dependants;

3.

 if the recipient has failed without good cause to fulfil the provisos attached to the gift.

[96](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e5562) Amended by Annex No 2 to the FA of 26 June 1998, in force since 1 Jan. 2000 ([AS **1999** 1118](eli/oc/1999/149/en);[BBl **1996** I 1](eli/fga/1996/1%5F1%5F1%5F1/en)).
Division Two: Types of Contractual Relationship
Title Seven: The Gift
F. Annulment of gifts
II. Revocation and invalidation of a promise to give

Art. 250

1 The donor who has made a promise to give may revoke the promise and refuse to fulfil it:

1.

 on the same grounds as justify a claim for return of the object given in the case of a gift from hand to hand;

2.

 where since the promise was made the donor’s financial situation has altered to such an extent that making the gift would cause serious hardship;

3.

 where since the promise was made the donor has acquired duties under family law that previously did not exist or were significantly less onerous.

2 All promises to give are annulled when a certificate of loss is issued against the donor or he is declared bankrupt.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
F. Annulment of gifts
III. Prescription and heirs’ right of action

Art. 251

1 Revocation may take place at any time in the year commencing on the day on which the grounds for revocation came to the donor’s attention.

2 If the donor dies before the end of this one-year period, his right of action passes to his heirs for the remainder of the period.

3 The donor’s heirs may revoke the gift if the recipient wilfully and unlawfully caused the donor’s death or prevented him from exercising his right of revocation.
Division Two: Types of Contractual Relationship
Title Seven: The Gift
F. Annulment of gifts
IV. Death of the donor

Art. 252

Unless otherwise provided, where the donor has undertaken to make periodic payments or performance, his obligation is extinguished on his death.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
A. Definition and scope of application
I. Definition

Art. 253

Leases are contracts in which a landlord or lessor grants a tenant or lessee the use of an object in exchange for rent.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
A. Definition and scope of application
II. Scope of application
1. Residential and commercial premises

Art. 253a

1 The provisions governing the leasing of residential and commercial premises are also applicable to objects on such premises of which the tenant has use.

2 They are not applicable to holiday homes hired for three months or less.

3 The Federal Council issues the provisions for implementation.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
A. Definition and scope of application
II. Scope of application
2. Provisions on protection against unfair rents

Art. 253b

1 The provisions governing protection against unfair rents (Art. 269 et seq.) apply _mutatis mutandis_ to non-agricultural leases and to other contracts whose essential purpose is to regulate the transfer of the use of residential or commercial premises against valuable consideration.

2 They do not apply to the lease of luxury apartments and single-occupancy residential units with six or more bedrooms and reception rooms (not including the kitchen).

3 The provisions governing challenges to unfair rents do not apply to residential premises made available with public sector support for which rent levels are set by a public authority.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
B. Tie-in transactions

Art. 254

A tie-in transaction linked to a lease of residential or commercial premises is void where the conclusion or continuation of the lease is made conditional on such transaction and, under its terms, the tenant assumes an obligation towards the landlord or a third party which is not directly connected with the use of the leased premises.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
C. Duration

Art. 255

1 Leases may be concluded for a limited or indefinite duration.

2 Where the intention is that they should end without notice on expiry of the agreed duration, they have a limited duration.

3 Other leases are deemed to be of indefinite duration.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
D. Obligations of the landlord
I. In general

Art. 256

1 The landlord or lessor is required to make the object available on the agreed date in a condition fit for its designated use and to maintain it in that condition.

2 Clauses to the contrary to the detriment of the tenant or lessee are void if they are set out:

a.

 in previously formulated general terms and conditions;

b.

 in leases for residential or commercial premises.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
D. Obligations of the landlord
II. Duty of disclosure

Art. 256a

1 If a report was drawn up on the return of the object at the end of the previous lease, the landlord or lessor must on request make this document available for perusal by the new tenant or lessee when the object is handed over to him.

2 Similarly, the new tenant or lessee has the right to be informed of the amount of rent paid under the previous lease.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
D. Obligations of the landlord
III. Charges and taxes

Art. 256b

The landlord or lessor bears all taxes and charges in connection with the leased object.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
I. Payment of rent and accessory charges
1. Rent

Art. 257

The rent is the consideration owed by the tenant or lessee to the landlord or lessor for the transfer of the use of the object.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
I. Payment of rent and accessory charges
2. Accessory charges
a. In general

Art. 257a

1 Accessory charges are the consideration due for services provided by the landlord or lessor or a third party in connection with the use of the property.

2 They are payable by the tenant or lessee only where this has been specifically agreed with the landlord or lessor.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
I. Payment of rent and accessory charges
2. Accessory charges
b. Residential and commercial premises

Art. 257b

1 Accessory charges for residential and commercial premises are the actual outlays made by the landlord for services connected with the use of the property, such as heating, hot water and other operating costs, as well as public taxes arising from the use of the property.

2 The landlord must allow the tenant on his request to inspect the documentation for such outlays.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
I. Payment of rent and accessory charges
3. Payment deadlines

Art. 257c

The tenant or lessee must pay the rent and, where applicable, the accessory charges at the end of each month and at the latest on expiry of the lease, unless otherwise agreed or required by local custom.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
I. Payment of rent and accessory charges
4. Tenant in arrears

Art. 257d

1 Where, having accepted the property, the tenant or lessee is in arrears with payments of rent or accessory charges, the landlord or lessor may set a time limit for payment and notify him that in the event of non-payment the landlord or lessor will terminate the lease on expiry of that time limit. The minimum time limit is ten days, and 30 days for leases of residential or commercial premises.

2 In the event of non-payment within the time limit the landlord or lessor may terminate the contract with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days’ notice ending on the last day of a calendar month.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
II. Security furnished by the tenant

Art. 257e

1 Where the tenant of residential or commercial premises furnishes security in the form of cash or negotiable securities, the landlord must deposit it in a bank savings or deposit account in the tenant’s name.

2 In residential leases, the landlord is not entitled to ask for more than three months’ rent by way of security.

3 The bank may release such security only with the consent of both parties or in compliance with a final payment order or final decision of the court. On expiry of one year following the end of the lease, the tenant or lessee may request that the security be returned to him by the bank if no claim has been brought against him by the landlord or lessor.

4 The cantons may enact further provisions.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
III. Care and consideration

Art. 257f

1 The tenant or lessee must use the object with all due care.

2 Where the lease relates to immovable property, the tenant must show due consideration for others who share the building and for neighbours.

3 If, despite written warning from the landlord or lessor, the tenant or lessee continues to act in breach of his duty of care and consideration such that continuation of the lease becomes unconscionable for the landlord or lessor or other persons sharing the building, the landlord or lessor may terminate the contract with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days’ notice ending on the last day of a calendar month.

4 However, leases of residential and commercial premises may be terminated with immediate effect if the tenant intentionally causes serious damage to the property.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
IV. Duty of notification

Art. 257g

1 On learning of defects which he himself is not obliged to remedy, the tenant or lessee must inform the landlord or lessor.

2 Failure to notify renders the tenant or lessee liable for any damage incurred by the landlord or lessor as a result.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
E. Obligations of the tenant or lessee
V. Duty of tolerance

Art. 257h

1 The tenant or lessee must tolerate works intended to remedy defects in the object or to repair or prevent damage.

2 The tenant or lessee must permit the landlord or lessor to inspect the object to the extent required for maintenance, sale or future leasing.

3 The landlord or lessor must inform the tenant or lessee of works and inspections in good time and take all due account of the latter’s interests when they are carried out; all claims of the tenant or lessee for reduction of the rent (Art. 259_d_) and for damages (Art. 259_e_) are reserved.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
F. Non-performance or defective performance when object handed over

Art. 258

1 Where the landlord or lessor fails to hand over the property on the agreed date or hands it over with defects rendering it wholly or partly unfit for its designated use, the tenant or lessee may sue for non-performance of contractual obligations pursuant to Articles 107–109 above.

2 Where the tenant or lessee accepts the object despite such defects but insists that the contract be duly performed, he may make only such claims as would have accrued to him had the defects arisen during the lease (Art. 259_a_–259_i_).

3 The tenant or lessee may bring the claims pursuant to Articles 259_a_–259_i_ below even if, when handed over to him, the object has defects:

a.

 which render the object less fit for its designated use, albeit not substantially so;

b.

 which the tenant or lessee would have to remedy at his own expense during the lease (Art. 259).
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
I. Obligation of tenant to carry out minor cleaning and repairs

Art. 259

The tenant or lessee must remedy defects which can be dealt with by minor cleaning or repairs as part of regular maintenance and, depending on local custom, must do so at his own expense.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
1. In general

Art. 259a

1 Where defects arise in the object which are not attributable to the tenant or lessee and which he is not obliged to remedy at his own expense, or where he is prevented from using the object as contractually agreed, he may require that the landlord or lessor:

a.

repair the object;

b.

reduce the rent proportionately;

c.

pay damages;

d.

 assume responsibility for litigation against a third party.

2 In addition, a tenant of immovable property may pay rent on deposit rather than to the landlord.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
2. Remedy of defects
a. General principle

Art. 259b

Where the landlord is aware of a defect and fails to remedy it within a reasonable time, the tenant may:

a.

 terminate the contract with immediate effect if the defect renders the leased property unfit or significantly less fit for its designated use or renders a chattel less fit for purpose;

b.

 arrange for the defect to be remedied at the landlord’s or lessor’s expense if it renders the object less fit for its designated use, albeit not substantially so.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
2. Remedy of defects
b. Exception

Art. 259c

The tenant or lessee is not entitled to rectification of the defect where the landlord or lessor provides full compensation for the defective object within a reasonable time.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
3. Reduction of rent

Art. 259d

Where the object is rendered unfit or less fit for its designated use, the tenant or lessee may require the landlord or lessor to reduce the rent proportionately from the time when the landlord or lessor became aware of the defect until the defect is remedied.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
4. Damages

Art. 259e

Where the defect has caused damage to the tenant or lessee, the landlord or lessor is liable in damages unless he can prove that he was not at fault.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
5. Assumption of litigation

Art. 259f

Where a third party claims a right over the object that is incompatible with the rights of the tenant or lessee, on notification by the latter the landlord or lessor is obliged to assume responsibility for the litigation.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
6. Deposit of rent
a. General principle

Art. 259g

1 A tenant of immovable property requesting that a defect be remedied must, in writing, set the landlord a reasonable time limit within which to comply with such request and may warn him that, in the event of failure to comply, on expiry of the time limit the tenant will deposit his future rent payments with an office designated by the canton. He must notify the landlord in writing of his intention to pay rent on deposit.

2 Rent paid on deposit is deemed duly paid.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
6. Deposit of rent
b. Release of deposited rent

Art. 259h

1 The landlord becomes entitled to the rent paid on deposit if the tenant or lessee does not bring claims against him before the conciliation authority within 30 days of the due date for the first rent payment paid into deposit.

2 On being notified by the tenant that he intends to pay rent on deposit as it falls due, the landlord may apply to the conciliation authority for release of rent unjustly paid on deposit.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
G. Defects during the contract
II. Rights of the tenant
6. Deposit of rent
c. Procedure

Art. 259i98

The procedure is governed by the CPO[99](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e6105).

[98](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e6086) Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 ([AS **2010** 1739](eli/oc/2010/262/en);[BBl **2006** 7221](eli/fga/2006/914/en)).

[99](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e6105) [SR **272**](eli/cc/2010/262/en)
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
H. Renovations and modifications
I. By the landlord

Art. 260

1 The landlord or lessor may renovate or modify the object only where conscionable for the tenant or lessee and the lease has not been terminated.

2 In carrying out such works, the landlord or lessor must give due consideration to the tenant or lessee’s interests; all claims of the tenant or lessee for reduction of the rent (Art. 259_d_) and for damages (Art. 259_e_) are reserved.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
H. Renovations and modifications
II. By the tenant

Art. 260a

1 The tenant or lessee may renovate or modify the object only with the written consent of the landlord or lessor.

2 Once such consent has been given, the landlord or lessor may require the restoration of the object to its previous condition only if this has been agreed in writing.

3 Where at the end of the lease the object has appreciated significantly in value as a result of renovations or modifications to which the landlord or lessor consented, the tenant or lessee may claim appropriate compensation for such appreciation, subject to any written agreements providing for higher levels of compensation.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
J. Change of ownership
I. Alienation of the object

Art. 261

1 Where after concluding the contract the landlord alienates the object or is dispossessed of it in debt collection or bankruptcy proceedings, the lease passes to the acquirer together with ownership of the object.

2 However, the new owner may:

a.

 serve notice to terminate a lease on residential or commercial premises as of the next legally admissible termination date if he claims an urgent need of such premises for himself, his close relatives or in-laws;

b.

 serve notice to terminate a rental agreement in respect of other objects as of the next legally admissible termination date unless the contract allows for earlier termination.

3 If the new owner terminates sooner than is permitted under the contract with the existing landlord or lessor, the latter is liable for all resultant losses.

4 The provisions governing compulsory purchase are unaffected.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
J. Change of ownership
II. Conferral of limited rights in rem

Art. 261a

Where the landlord or lessor grants a third party a limited right in rem and this is tantamount to a change of ownership, the provisions governing alienation of the object apply mutatis mutandis.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
J. Change of ownership
III. Entry under priority notice in the land register

Art. 261b

1 The parties to a lease may agree to have it entered under priority notice in the land register.

2 The effect of such entry is that every future owner must allow the property to be used in accordance with the lease.