brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
C. Termination
III. Withdrawal by the customer against indemnity

Art. 377

The customer may withdraw from the contract at any time before the work is completed provided he pays for work already done and indemnifies the contractor in full.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
C. Termination
IV. Impossibility of performance for reasons attributable to the customer

Art. 378

1 Where completion of the work is rendered impossible by chance occurrence affecting the customer, the contractor is entitled to payment for the work already done and of expenses incurred that were not included in the price.

2 Where the customer is at fault for the impossibility of performance, the contractor may also claim damages.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
C. Termination
V. Death or incapacity of the contractor

Art. 379

1 Where the contractor dies or becomes incapable of finishing the work through no fault of his own, the work contract becomes void if it was concluded in view of the personal attributes of the contractor.

2 The customer is obliged to accept and pay for work already done to the extent it is of use to him.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
A. Definition

Art. 380

A publishing contract is a contract whereby the originator – the author of a literary or artistic work or his legal successor – undertakes to entrust the work to a publisher, who undertakes to reproduce and distribute it.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
I. Transfer of copyright and warranty

Art. 381

1 The author’s rights to the work are transferred to the publisher to the extent and for as long as required for performance of the contract.

2 The originator must give warranty to the publisher that he had the right to make the work available for publication at the time the contract was concluded and, where it is subject to copyright protection, that he holds the copyright.

3 Where all or part of the work has already been made available for publication to a third party or the originator is aware that it has already been published, he must inform the publisher before entering into the contract.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
II. Originator’s power of disposal

Art. 382

1 As long as the editions of the work to which the publisher is entitled have not yet been exhausted, the originator may not make other arrangements regarding the work or parts thereof to the publisher’s detriment.

2 Newspaper articles or relatively short passages of magazine copy may be published elsewhere by the originator at any time.

3 Contributions to collections or anthologies and relatively lengthy magazine articles must not be published elsewhere by the originator within three months of the appearance in print of such contribution or article.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
III. Number of editions

Art. 383

1 Where no clause was agreed that stipulates the number of editions, the publisher is entitled to produce only one.

2 Where nothing was agreed, the publisher determines the size of the edition but at the originator’s request must print at least enough to generate reasonable sales, and once the first print run is completed, he must not print any further copies.

3 Where the publishing contract confers publishing rights for several or all editions of a work and the publisher fails to produce a new edition after the previous edition is exhausted, the originator may have the court set a time limit for the publication of a new edition, failing which the publisher forfeits such rights.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
IV. Publication and sale

Art. 384

1 The publisher is obliged to publish the work in an appropriate format without abridgment, addition or alteration, to take reasonable steps to publicise the work and to devote the customary resources in order to promote sales thereof.

2 He must fix the price at his discretion but not so high as to hinder sales of the work.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
V. Improvements and corrections

Art. 385

1 The author retains the right to correct and improve his work provided this does not prejudice the interests or increase the liability of the publisher, but must compensate the publisher for any unforeseen costs incurred as a result.

2 The editor may not produce a new version, edition or print run of the work without having previously given the author the opportunity to improve it.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
VI. Collected and separate editions

Art. 386

1 The right to publish different works by the same author separately does not entail the right to publish them together in collected edition.

2 Similarly, the right to publish the complete works of an author or all of his works in a given genre does not give the publisher the right to publish the individual works separately.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
VII. Translation rights

Art. 387

Unless otherwise agreed with the publisher, the originator retains the exclusive right to commission a translation of the work.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
VIII. Author’s remuneration
1. Amount

Art. 388

1 The originator is deemed entitled to remuneration where in the circumstances the presumption is that publication of the work would necessarily involve such remuneration.

2 The amount thereof is fixed by the court on the basis of expert opinion.

3 Where the publisher is entitled to produce several editions, the presumption is that the level of remuneration and the other terms and conditions for subsequent editions are the same as for the first edition.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
B. Effects
VIII. Author’s remuneration
2. Due date for payment, record of sales and complimentary copies

Art. 389

1 The remuneration is payable as soon as the complete work or, in the case of works appearing in separate parts (volumes, fascicles, issues), each part thereof is printed and ready for distribution.

2 Where the remuneration is made partly or entirely contingent on expected sales, the publisher is obliged to produce the customary record of sales with corroborating documentation.

3 Unless otherwise agreed, the originator is entitled to receive the customary number of complimentary copies.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
C. Termination
I. Destruction of the work

Art. 390

1 If the work is destroyed by chance after delivery to the publisher, he remains obliged to pay the author’s remuneration.

2 If the author has a second copy of the destroyed work, he must make it available to the publisher, and otherwise he must recreate the work where this is possible with little effort.

3 In either case he is entitled to appropriate compensation.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
C. Termination
II. Destruction of the edition

Art. 391

1 If an edition already produced by the publisher is partly or entirely destroyed by chance prior to its distribution, the publisher is entitled to replace the destroyed copies at his own expense without giving rise to a claim for additional remuneration on the part of the originator.

2 The publisher is obliged to replace the destroyed copies where this is possible without disproportionate expense.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
C. Termination
III. Grounds for termination pertaining to the person of the author or the publisher

Art. 392

1 The contract is extinguished on the death or incapacity of the author before the work is completed or in the event that the author is prevented from completing it through no fault of his own.

2 By way of exception, the court may authorise the full or partial continuation of the contract, where this is deemed both feasible and equitable, and order any necessary measures.

3 In the event of the publisher’s bankruptcy, the originator may entrust the work to another publisher unless he is furnished with security for performance of the publishing obligations not yet due at the time bankruptcy proceedings were commenced.
Division Two: Types of Contractual Relationship
Title Twelve: The Publishing Contract
D. Work on a project originated by the publisher

Art. 393

1 Where one or more authors accept a commission to work on a project originated by a publisher, they are entitled only to the agreed remuneration.

2 The publisher owns the copyright to the work as a whole.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
A. Definition

Art. 394

1 A mandate is a contract whereby the mandatee undertakes to conduct certain business or provide certain services in accordance with the terms of the contract.

2 Contracts for the provision of work or services not covered by any other specific type of contract are subject to the provisions governing mandates.

3 Remuneration is payable where agreed or customary.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
B. Creation

Art. 395

A mandate is deemed to have been accepted where it has not been declined immediately and relates to business which is conducted by the mandatee by official appointment or on a professional basis or for which he has publicly offered his services.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
I. Scope of the mandate

Art. 396

1 Unless expressly defined, the scope of the mandate is determined by the nature of the business to which it relates.

2 In particular, it includes the authority to carry out such transactions as are required for performance of the mandate.

3 The mandatee requires special authority to agree a settlement, accept an arbitration award, accept liabilities under a bill of exchange, alienate or encumber land or make gifts.[246](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e13632) 

[246](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e13632) 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)).
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
II. Obligations of the mandatee
1. Compliance with instructions

Art. 397

1 A mandatee who has received instructions from the mandator on how to conduct the business entrusted to him may deviate from them only to the extent that circumstances prevent him from obtaining the mandator’s permission and that he may safely assume such permission would have been forthcoming had the mandator been aware of the situation.

2 Where such conditions are not satisfied and the mandatee nevertheless deviates from the mandator’s instructions to the latter’s detriment, the mandate is deemed to have been performed only if the mandatee accepts liability for the resultant damage.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
II. Obligations of the mandatee
1bis. Duty to notify

Art. 397a247

If it is anticipated that the mandator will become permanently incapable of judgement, the mandatee must notify the adult protection authority at the mandator's domicile if such notification appears appropriate in order to safeguard the interests concerned.

[247](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e13671) Inserted 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)).
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
II. Obligations of the mandatee
2. Faithful performance
a. In general

Art. 398

1 The mandatee generally has the same duty of care as the employee in an employment relationship.[248](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e13702) 

2 The mandatee is liable to the mandator for the diligent and faithful performance of the business entrusted to him.

3 He must conduct such business in person unless authorised or compelled by circumstance to delegate it to a third party or where such delegation is deemed admissible by custom.

[248](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e13702) Amended by No II Art. 1 No 7 of the FA of 25 June 1971, in force since 1 Jan. 1972 ([AS **1971** 1465](eli/oc/1971/1465%5F1461%5F1461/en);[BBl **1967** II 241](eli/fga/1967/2%5F241%5F249%5F177/en)). See also the Final and Transitional Provisions of Title X, at the end of this Code.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
II. Obligations of the mandatee
2. Faithful performance
b. In the event of delegation

Art. 399

1 A mandatee who has delegated the business entrusted to him to a third party without authority is liable for the latter’s actions as if they were his own.

2 Where such delegation was authorised, he is liable only for any failure to act with due diligence when selecting and instructing the third party.

3 In both cases, claims held by the mandatee against the third party may be enforced by the mandator directly against the third party.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
II. Obligations of the mandatee
3. Account of agency

Art. 400

1 The mandatee is obliged at the mandator’s request, which may be made at any time, to give an account of his activities under the mandate and to return anything received for whatever reason as a result of such activities.

2 He must pay interest on any sums which he is late in forwarding to the mandator.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
II. Obligations of the mandatee
4. Transfer of acquired rights

Art. 401

1 Where the mandatee acting on the mandator’s behalf acquires claims in his own name against third parties, such claims pass to the mandator provided he has fulfilled all his obligations towards the mandatee under the mandate relationship.

2 The same applies in relation to the mandatee’s assets if the mandatee is bankrupt.

3 Similarly, where the mandatee is bankrupt, the mandator may claim chattels of which the mandatee took possession in his own name but on the mandator’s behalf, subject to the mandatee’s own rights of lien.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
III. Obligations of the mandator

Art. 402

1 The mandator is obliged to reimburse the mandatee for expenses incurred in the proper performance of the mandate plus interest and to release him from obligations entered into.

2 The mandator must also compensate the mandatee for any damage incurred in performance of the mandate unless the mandator can prove that the damage occurred through no fault of his own.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
C. Effects
IV. Liability of joint mandators and mandatees

Art. 403

1 Where several persons conclude a mandate as mandators, they are jointly and severally liable to the mandatee.

2 Where several persons conclude a mandate as mandatees, they are jointly and severally liable to the mandator and, save to the extent they are authorised to delegate to third parties, may commit the mandator only through joint action.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
D. Termination
I. Grounds
1. Revocation, termination

Art. 404

1 The mandate may be revoked or terminated at any time by either party.

2 However, a party doing so at an inopportune juncture must compensate the other for any resultant damage.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
D. Termination
I. Grounds
2. Death, incapacity, bankruptcy

Art. 405

1 Unless otherwise agreed or implied by the nature of the business, the mandate ends on loss of capacity to act, bankruptcy, death or declaration of presumed death of the mandator or the mandatee.[249](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e13822) 

2 However, where termination of the mandate jeopardises the mandator’s interests, the mandatee, his heir or his representative is obliged to continue conducting the business until such time as the mandator, his heir or his representative is able to conduct it himself.

[249](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e13822) 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)).
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section One: The Simple Mandate
D. Termination
II. Effects of extinction of the contract

Art. 406

Actions taken by the mandatee before he became aware of the termination of the mandate are binding on the mandator or his heir as if the contract had still been in force.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section Onebis:250 The Marriage or Partnership Brokerage Mandate
A. Definition and applicable law

Art. 406a

1 A person accepting a mandate to broker a marriage or partnership undertakes, in exchange for remuneration, to introduce the mandator to persons who are potential spouses or long-term partners.

2 The provisions governing simple mandates are applicable by way of supplement to marriage or partnership brokerage mandates.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section Onebis:250 The Marriage or Partnership Brokerage Mandate
B. Introduction of or to foreign nationals
I. Costs of return journey

Art. 406b

1 Where the person to be introduced travels from or to a foreign destination, the mandatee must reimburse the costs of the return journey if this takes place within six months of arrival.

2 Where the local authority has borne such costs, it is subrogated to the claim held by the person introduced against the mandatee.

3 The mandatee may claim reimbursement of such travel costs from the mandator only up to the maximum amount stipulated in the contract.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section Onebis:250 The Marriage or Partnership Brokerage Mandate
B. Introduction of or to foreign nationals
II. Duty to obtain a licence

Art. 406c

1 Professional marriage and partnership brokerage activities involving foreign nationals require a licence issued by the authority designated by cantonal law and are regulated by that authority.

2 The Federal Council shall issue the implementing provisions and determine in particular:

a.

 the requirements for and term of the licence;

b.

 the penalties imposed on the mandatee in the event of non-compliance;

c.

 the obligation of the mandatee to furnish security for the costs of repatriating persons introduced under the mandate.
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section Onebis:250 The Marriage or Partnership Brokerage Mandate
C. Form and content

Art. 406d

The contract must be done in writing and contain the following information:

1.

the name and address of each party;

2.

 the number and nature of the services that the mandatee undertakes to provide and the amount of the remuneration and costs, in particular registration fees, corresponding to each service;

3.

 the maximum amount owed to the mandatee by way of reimbursement for his defraying the costs of return journeys of persons travelling to or from foreign countries (Art. 406_b_);

4.

the terms of payment;

 5.[251](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e13964) 

 the right of the mandator to give written notice of the revocation of his offer to enter into the contract or of his acceptance of the offer without compensation within 14 days;

 6.[252](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e13987) 

 the stipulation that the mandatee is prohibited from accepting any payment before the 14-day period has expired;

7.

 the right of the mandator to terminate the contract at any time, subject to any liability in damages arising from termination at an inopportune juncture.

[251](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e13964) Amended by No I of the FA of 19 June 2015 (Revision of the right of revocation), in force since 1 Jan. 2016 ([AS **2015** 4107](eli/oc/2015/689/en);[BBl **2014** 921 ](eli/fga/2014/139/en)[2993](eli/fga/2014/549/en)).

[252](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e13987) Amended by No I of the FA of 19 June 2015 (Revision of the right of revocation), in force since 1 Jan. 2016 ([AS **2015** 4107](eli/oc/2015/689/en);[BBl **2014** 921 ](eli/fga/2014/139/en)[2993](eli/fga/2014/549/en)).
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section Onebis:250 The Marriage or Partnership Brokerage Mandate
D. Entry into force, revocation, notice of termination

Art. 406e253

1 The contract does not become binding on the mandator until 14 days after he receives a duplicate signed by both parties. The mandatee must not accept any payment from the mandator before the 14-day period has expired.

2 During the period under paragraph 1, the mandator may give written notice of the revocation of his offer to enter into the contract or of his acceptance of the offer. Any advance waiver of this right is invalid. In addition, the provisions on the consequences of revocation (Art. 40_f_) apply_mutatis mutandis_.

3 Notice of termination must be done in writing.

[253](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e14016) Amended by No I of the FA of 19 June 2015 (Revision of the right of revocation), in force since 1 Jan. 2016 ([AS **2015** 4107](eli/oc/2015/689/en);[BBl **2014** 921 ](eli/fga/2014/139/en)[2993](eli/fga/2014/549/en)).
Division Two: Types of Contractual Relationship
Title Thirteen: The Mandate
Section Onebis:250 The Marriage or Partnership Brokerage Mandate
E. ...

Art. 406f254

[254](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e14055) Repealed by No I of the FA of 19 June 2015 (Revision of the right of revocation), with effect from 1 Jan. 2016 ([AS **2015** 4107](eli/oc/2015/689/en);[BBl **2014** 921 ](eli/fga/2014/139/en)[2993](eli/fga/2014/549/en)).