brunnolou/swiss-code-of-obligations huggingface dataset:
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
G. Prescription34

Art. 60

1 The right to claim damages or satisfaction prescribes three years from the date on which the person suffering damage became aware of the loss, damage or injury and of the identity of the person liable for it but in any event ten years after the date on which the harmful conduct took place or ceased.[35](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1658) 

1bis In cases death or injury, the right to claim damages or satisfaction prescribes three years from the date on which the person suffering damage became aware of the damage and of the identity of person liable for it, but in any event twenty years after the date on which the harmful conduct took place or ceased.[36](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1676) 

2 If the person liable has committed a criminal offence through his or her harmful conduct, then notwithstanding the foregoing paragraphs the right to damages or satisfaction prescribes at the earliest when the right to prosecute the offence becomes time-barred. If the right to prosecute is no longer liable to become time-barred because a first instance criminal judgment has been issued, the right to claim damages or satisfaction prescribes at the earliest three years after notice of the judgment is given.[37](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1694) 

3 Where the tort has given rise to a claim against the person suffering damage, he may refuse to satisfy the claim even if his own claim in tort is time-barred.

[35](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1658) Amended by No I of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 ([AS **2018** 5343](eli/oc/2018/807/en);[BBl **2014** 235](eli/fga/2014/65/en)).

[36](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1676) Inserted by No I of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 ([AS **2018** 5343](eli/oc/2018/807/en);[BBl **2014** 235](eli/fga/2014/65/en)).

[37](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1694) Amended by No I of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 ([AS **2018** 5343](eli/oc/2018/807/en);[BBl **2014** 235](eli/fga/2014/65/en)).
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
H. Liability of civil servants and public officials38

Art. 61

1 The Confederation and the cantons may by way of legislation enact provisions that deviate from those of this Section to govern the liability of civil servants and public officials to pay damages or satisfaction for any damage they cause in the exercise of their duties.

2 The provisions of this Section may not, however, be modified by cantonal legislation in the case of commercial duties performed by civil servants or public officials.
Division One: General Provisions
Title One: Creation of Obligations
Section Three: Obligations deriving from Unjust Enrichment
A. Requirement
I. In general

Art. 62

1 A person who has enriched himself without just cause at the expense of another is obliged to make restitution.

2 In particular, restitution is owed for money benefits obtained for no valid reason whatsoever, for a reason that did not transpire or for a reason that subsequently ceased to exist.
Division One: General Provisions
Title One: Creation of Obligations
Section Three: Obligations deriving from Unjust Enrichment
A. Requirement
II. Payment in satisfaction of a non-existent obligation

Art. 63

1 A person who has voluntarily satisfied a non-existent debt has a right to restitution of the sum paid only if he can prove that he paid it in the erroneous belief that the debt was owed.

2 Restitution is excluded where payment was made in satisfaction of a debt that has prescribe or of a moral obligation.

3 The provisions of federal debt collection and bankruptcy law governing the right to the restitution of payments made in satisfaction of non-existent claims are unaffected.
Division One: General Provisions
Title One: Creation of Obligations
Section Three: Obligations deriving from Unjust Enrichment
B. Scope of restitution
I. Obligations of the unjustly enriched party

Art. 64

There is no right of restitution where the recipient can show that he is no longer enriched at the time the claim for restitution is brought, unless he alienated the money benefits in bad faith or in the certain knowledge that he would be bound to return them.
Division One: General Provisions
Title One: Creation of Obligations
Section Three: Obligations deriving from Unjust Enrichment
B. Scope of restitution
II. Rights in respect of expenditures

Art. 65

1 The recipient is entitled to reimbursement of necessary and useful expenditures, although where the unjust enrichment was received in bad faith, the reimbursement of useful expenditures must not exceed the amount of added value as at the time of restitution.

2 He is not entitled to any compensation for other expenditures, but where no such compensation is offered to him, he may, before returning the property, remove anything he has added to it provided this is possible without damaging it.
Division One: General Provisions
Title One: Creation of Obligations
Section Three: Obligations deriving from Unjust Enrichment
C. Exclusion of restitution

Art. 66

No right to restitution exists in respect of anything given with a view to producing an unlawful or immoral outcome.
Division One: General Provisions
Title One: Creation of Obligations
Section Three: Obligations deriving from Unjust Enrichment
D. Prescription

Art. 67

1 The right to claim restitution for unjust enrichment prescribes three years after the date on which the person suffering damage learned of his or her claim and in any event ten years after the date on which the claim first arose.[39](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1821) 

2 Where the unjust enrichment consists of a claim against the person suffering damage, he or she may refuse to satisfy the claim even if his or her own claim for restitution has prescribed.

[39](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1821) Amended by No I of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 ([AS **2018** 5343](eli/oc/2018/807/en);[BBl **2014** 235](eli/fga/2014/65/en)).
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
A. General principles
I. Performance by the obligor in person

Art. 68

An obligor is not obliged to discharge his obligation in person unless so required by the obligee.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
A. General principles
II. Object of performance
1. Part payment

Art. 69

1 A creditor may refuse partial payment where the total debt is established and due.

2 If the creditor wishes to accept part payment, the debtor may not refuse to settle the part of the debt that he acknowledges is due.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
A. General principles
II. Object of performance
2. Indivisible performance

Art. 70

1 Where indivisible performance is due to several obligees, the obligor must make performance to all of them jointly, and each obligee may demand that performance be made to all of them jointly.

2 Where indivisible performance is due by several obligors, each of them has an obligation to make performance in full.

3 Unless circumstances dictate otherwise, an obligor who has satisfied the obligee may then claim proportionate compensation from the other obligors and to that extent the claim of the satisfied obligee passes to him.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
A. General principles
II. Object of performance
3. Debt of generic object

Art. 71

1 If the object owed is defined only in generic terms, the obligor may choose what object is given in repayment unless otherwise stipulated under the legal relationship.

2 However, the obligor must not offer an object of less-than-average quality.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
A. General principles
II. Object of performance
4. Obligations involving choice of performance

Art. 72

Where an obligation may be discharged by one of several alternative types of performance, the obligor may choose which performance to make unless otherwise stipulated under the legal relationship.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
A. General principles
II. Object of performance
5. Interest

Art. 73

1 Where an obligation involves the payment of interest but the rate is not set by contract, law or custom, interest is payable at the rate of 5% per annum.

2 Public law provisions governing abusive interest charges are not affected.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
B. Place of performance

Art. 74

1 The place of performance is determined by the intention of the parties as stated expressly or evident from the circumstances.

2 Except where otherwise stipulated, the following principles apply:

1.

 pecuniary debts must be paid at the place where the creditor is resident at the time of performance;

2.

 where a specific object is owed, it must be delivered at the place where it was located when the contract was entered into;

3.

 other obligations must be discharged at the place where the obligor was resident at the time they arose.

3 Where the obligee may require performance of an obligation at his domicile but this has changed since the obligation arose, thereby significantly hindering performance by the obligor, the latter is entitled to render performance at the original domicile.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
I. Open-ended obligations

Art. 75

Where no time of performance is stated in the contract or evident from the nature of the legal relationship, the obligation may be discharged or called in immediately.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
II. Obligations subject to time limit
1. Monthly time limits

Art. 76

1 A time limit expressed as the beginning or end of a month means the first or last day of the month respectively.

2 A time limit expressed as the middle of the month means the fifteenth day of that month.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
II. Obligations subject to time limit
2. Other time limits

Art. 77

1 Where an obligation must be discharged or some other transaction accomplished within a certain time limit subsequent to conclusion of the contract, the time limit is defined as follows:

1.

 where the time limit is expressed as a number of days, performance falls due on the last thereof, not including the date on which the contract was concluded, and where the number stipulated is eight or fifteen days, this means not one or two weeks but a full eight or fifteen days;

2.

 where the time limit is expressed as a number of weeks, performance falls due in the last week of the period on the same day of the week as the one on which the contract was concluded;

3.

 where the time limit is expressed as a number of months or as a period comprising several months (a year, half-year or quarter), performance falls due in the last month of the period on the same day of the month as the one on which the contract was concluded or, where the last month of the period contains no such day, on the last day of that month.

 The term ‘half-month’ has the same meaning as a time limit of fifteen days; if the time limit is expressed as a period of one or more months plus one half-month, the fifteen days are counted last.

2 Time limits are calculated in the same manner when stipulated as running from a date other than the date on which the contract was concluded.

3 Where an obligation must be discharged before a specified time limit, performance must occur before that time expires.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
II. Obligations subject to time limit
3. Sundays and public holidays

Art. 78

1 Where the time of performance or the last day of a time limit falls on a Sunday or on a day officially recognised as a public holiday[40](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e2010) at the place of performance, the time of performance or the last day of a time limit is deemed to be the next working day.

2 Any agreement to the contrary is unaffected.

[40](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e2010) In relation to the statutory time limits under federal law and the time limits fixed by authorities by virtue of federal law, Saturday is now regarded as equivalent to a public holiday (Art. 1 of the FA of 21 June 1963 on the Application of Limitation Periods to Saturdays;[SR **173.110.3**](eli/cc/1963/819%5F815%5F843/en)).
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
III. Performance during business hours

Art. 79

Performance of the obligation must be made and accepted during normal business hours on the date stipulated.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
IV. Extension of the time limit

Art. 80

Where the agreed time limit for performance is extended, in the absence of an agreement to the contrary, the new time limit runs from the first day following expiry of the previous time limit.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
V. Early performance

Art. 81

1 Unless the terms or nature of the contract or the circumstances indicate that the parties intended otherwise, performance may be rendered before the date on which the time limit expires.

2 However, the obligor is not entitled to apply a discount unless that discount has been agreed or is sanctioned by custom.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
VI. In bilateral contracts
1. Order of performance

Art. 82

A party to a bilateral contract may not demand performance until he has discharged or offered to discharge his own obligation, unless the terms or nature of the contract allow him to do so at a later date.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
C. Time of performance
VI. In bilateral contracts
2. Allowance for unilateral insolvency

Art. 83

1 Where one party to a bilateral contract has become insolvent, in particular by virtue of bankruptcy proceedings or execution without satisfaction, and this deterioration in its financial position jeopardises the claim of the other party, the latter may withhold performance until security has been provided for the consideration.

2 He may withdraw from the contract if, on request, no such security is provided within a reasonable time.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
D. Payment
I. National currency

Art. 8441

1 Pecuniary debts must be discharged in legal tender of the currency in which the debt was incurred.

2 A debt expressed in a currency other than the national currency of the place of payment may be discharged in that national currency at the rate of exchange that applies on the day it falls due, unless literal performance is required by inclusion in the contract of the expression ‘actual currency’ or words to that effect.

[41](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e2086) Amended by Annex No 2 to the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (_AS **2002** 1144_;[BBl **1999** 7258](eli/fga/1999/1%5F7258%5F6536%5F6201/en)).
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
D. Payment
II. Allocation
1. Of part payments

Art. 85

1 A debtor may offset a part payment against the debt principal only if he is not in arrears with interest payments and expenses.

2 Where a creditor has received guarantees, pledges or other security for a portion of his claim, the debtor may not offset a part payment against that portion in preference to less well secured portions of the claim.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
D. Payment
II. Allocation
2. In the case of multiple debts
a. At the discretion of debtor or creditor

Art. 86

1 A debtor with several debts to the same creditor is entitled to state at the time of payment which debt he means to redeem.

2 In the absence of any statement from the debtor, the payment will be allocated to the debt indicated by the creditor in his receipt, unless the debtor objects immediately.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
D. Payment
II. Allocation
2. In the case of multiple debts
b. By law

Art. 87

1 Where no valid debt redemption statement has been made and the receipt does not indicate how the payment has been allocated, it is allocated to whichever debt is due or, if several are due, to the debt that first gave rise to enforcement proceedings against the debtor or, in the absence of such proceedings, to the debt that fell due first.

2 Where several debts fell due at the same time, the payment is offset against them proportionately.

3 If none of the debts is yet due, the payment is allocated to the one offering the least security for the creditor.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
D. Payment
III. Receipt and return of borrower’s note
1. Right of the debtor

Art. 88

1 A debtor making a payment is entitled to demand a receipt and, provided the debt is fully redeemed, the return or annulment of the borrower’s note.

2 If the debt is not completely redeemed or the borrower’s note confers other rights on the creditor, the debtor is entitled to demand only a receipt and that a record of the payment be entered on the borrower’s note.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
D. Payment
III. Receipt and return of borrower’s note
2. Effect

Art. 89

1 Where interest or other periodic payments are due, a creditor unreservedly issuing a receipt for a later periodic payment is presumed to have received all previous periodic payments.

2 If he issues a receipt for redemption of the debt principal, he is presumed to have received the interest.

3 The return of the borrower’s note to the debtor gives rise to a presumption that the debt has been redeemed.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
D. Payment
III. Receipt and return of borrower’s note
3. Return of borrower’s note not possible

Art. 90

1 If the creditor claims to have lost the borrower’s note, on redeeming the debt, the debtor may insist that the creditor declare by public deed or notarised document that the borrower’s note has been annulled and the debt redeemed.

2 The provisions governing annulment of securities are reserved.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
E. Default of obligee
I. Requirement

Art. 91

The obligee is in default if he refuses without good cause to accept performance properly offered to him or to carry out such preparations as he is obliged to make and without which the obligor cannot render performance.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
E. Default of obligee
II. Effect
1. On obligations relating to objects
a. Right to deposit object

Art. 92

1 Where the obligee is in default, the obligor is entitled to deposit the object at the expense and risk of the obligee, thereby discharging his obligation.

2 The court decides which place should serve as depositary; however, merchandise may be deposited in a warehouse without need for a court decision.[42](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e2227) 

[42](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e2227) Amended by Annex No 5 to the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 ([AS **2000** 2355](eli/oc/2000/374/en);[BBl **1999** III 2829](eli/fga/1999/1%5F2829%5F2591%5F2427/en)).
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
E. Default of obligee
II. Effect
1. On obligations relating to objects
b. Right to sell

Art. 93

1 Where the characteristics of the object or the nature of the business preclude a deposit or the object is perishable or gives rise to maintenance costs or substantial storage costs, after having given formal warning to the obligee and with the court’s permission, the obligor may dispose of the object by open sale and deposit the sale proceeds.

2 Where the object has a quoted stock exchange or market price or its value is low in proportion to the costs involved, the sale need not be open and the court may authorise it without prior warning.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
E. Default of obligee
II. Effect
1. On obligations relating to objects
c. Right to take back the object

Art. 94

1 The obligor is entitled to take back the object deposited providing the obligee has not declared that he accepts it or providing the deposit has not had the effect of redeeming a pledge.

2 As soon as the object is taken back, the claim and all accessory rights become effective again.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
E. Default of obligee
II. Effect
2. On other obligations

Art. 95

Where the obligation does not relate to objects and the obligee is in default, the obligor may withdraw from the contract in accordance with the provisions governing default of the obligor.
Division One: General Provisions
Title Two: Effect of Obligations
Section One: Performance of Obligations
F. Performance prevented for other reasons

Art. 96

The obligor is entitled to deposit his performance or to withdraw from the contract, as in the case of default on the part of the obligee, where performance cannot be rendered either to the obligee or to his representative for some other reason pertaining to the obligee or where through no fault of the obligor there is uncertainty as to the identity of the obligee.