brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
O. Lessor’s lien

Art. 299c

The lessor of commercial premises has the same right of lien in respect of the rent for the past year and the current year of a usufructuary lease as the landlord under the provisions governing leases and rental agreements (Art. 268 et seq.).
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
P. Protection against termination of usufructuary leases of residential and commercial premises

Art. 300

1 The provisions on leases in Title 8 (Art. 271–273_c_) apply _mutatis mutandis_ to protection against termination of usufructuary leases of residential or commercial premises.

2 The provisions governing the family residence (Art. 273_a_) are not applicable.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
Q. Procedure

Art. 301111

The procedure is governed by the CPO[112](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e7796).

[111](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e7777) 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)).

[112](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e7796) [SR **272**](eli/cc/2010/262/en)
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
R. Livestock lease
I. Rights and obligations of the tenant farmer

Art. 302

1 In respect of a lease of livestock which is not part of an agricultural tenancy, all benefits arising from leased livestock belong to the tenant farmer unless otherwise provided by agreement or local custom.

2 The tenant farmer feeds and cares for the livestock and pays rent to the lessor in the form of either money or a share in the benefits in kind.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
R. Livestock lease
II. Liability

Art. 303

1 Unless otherwise provided by agreement or local custom, the tenant farmer is liable for damage to the leased livestock unless he can prove that such damage could not have been avoided even with all due care and attention.

2 The tenant farmer is entitled to have any extraordinary costs of caring for the livestock reimbursed by the lessor unless the tenant farmer was at fault in incurring such costs.

3 The tenant farmer must inform the lessor as soon as possible of serious accidents or illness.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
R. Livestock lease
III. Termination

Art. 304

1 Where the lease is open-ended, either party may terminate it as of any date of their choosing, unless otherwise provided by agreement or local custom.

2 However, such termination must take place in good faith and not at an inopportune juncture.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section One: The Loan for Use
A. Definition

Art. 305

A loan for use is a contract whereby the lender undertakes to make an object available free of charge to the borrower for the latter’s use and the borrower undertakes to return it to him after having made use of it.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section One: The Loan for Use
B. Effect
I. Borrower’s right of use

Art. 306

1 The borrower may make use of the loaned object only for the purpose stipulated in the contract or, in the absence of any stipulation, for its normal purpose or the purpose dictated by its nature.

2 He is not entitled to grant use of the object to a third party.

3 A borrower acting in breach of these provisions is liable even for accidental damage unless he can prove that the object would have been affected in any event.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section One: The Loan for Use
B. Effect
II. Maintenance costs

Art. 307

1 The borrower bears the ordinary costs of maintenance and, in the case of loaned animals, in particular the costs of feeding them.

2 He is entitled to reimbursement of extraordinary expenses he has been obliged to incur for the lender’s benefit.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section One: The Loan for Use
B. Effect
III. Liability of joint borrowers

Art. 308

Persons who have jointly borrowed a single object are jointly and severally liable for it.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section One: The Loan for Use
C. Termination
I. Loan for designated use

Art. 309

1 Where the loan for use is open-ended, it ends as soon as the borrower has made use of the object as agreed or on expiry of the period in which such use could have been made of it.

2 The lender is entitled to reclaim the object before that time if the borrower uses it for a purpose contrary to the agreement, if he damages it, if he permits a third party to use it or if unforeseen developments occur which leave the lender in urgent need of the object.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section One: The Loan for Use
C. Termination
II. Loan for non-designated use

Art. 310

Where the contract stipulates neither the purpose nor the duration of the loan, the lender may reclaim the loaned object whenever he sees fit.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section One: The Loan for Use
C. Termination
III. Death of the borrower

Art. 311

The loan for use ends on the death of the borrower.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section Two: The Fixed-Term Loan
A. Definition

Art. 312

A fixed-term loan is a contract whereby the lender undertakes to transfer the ownership of a sum of money or of other fungible goods to the borrower, who in return undertakes to return objects of the same quantity and quality to him.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section Two: The Fixed-Term Loan
B. Effect
I. Interest
1. Liability for interest

Art. 313

1 In normal dealings, interest is payable on a fixed-term loan only where this has specifically been agreed.

2 In commercial transactions, interest is payable on fixed-term loans even where this has not been expressly agreed.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section Two: The Fixed-Term Loan
B. Effect
I. Interest
2. Rules governing interest

Art. 314

1 Where the interest rate is not stipulated in the contract, it is presumed to be the customary rate for loans of the same type at the time and place that the fixed-term loan was received.

2 Unless otherwise agreed, the promised interest is payable annually.

3 Any prior agreement that interest will be added to the loan principal and become subject to further interest is void, subject to standard business practices and in particular those of savings banks for calculating interest on current accounts and similar commercial instruments under which the calculation of compound interest is customary.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section Two: The Fixed-Term Loan
B. Effect
II. Prescriptive period for claims for delivery and acceptance

Art. 315

The borrower’s claim for delivery and the lender’s claim for acceptance of the fixed-term loan prescribe six months after the date on which the other party defaults.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section Two: The Fixed-Term Loan
B. Effect
III. Insolvency of the borrower

Art. 316

1 The lender may refuse to hand over the fixed-term loan if the borrower becomes insolvent after entering into the contract.

2 The lender has the right to refuse delivery even if insolvency occurred before the contract was concluded but he only subsequently became aware of it.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section Two: The Fixed-Term Loan
C. Goods in lieu of money

Art. 317

1 Where the borrower receives securities or goods rather than the agreed sum of money, the amount of the fixed-term loan is deemed to be the current or market price of the securities or goods concerned at the time and place of delivery.

2 Any agreement to the contrary is void.
Division Two: Types of Contractual Relationship
Title Nine: The Loan
Section Two: The Fixed-Term Loan
D. Timing of repayment

Art. 318

Where a fixed-term loan contract does not stipulate the repayment date or the period of notice to terminate the contract or the expiry of the contract at any time on first request, the borrower must repay the loan within six weeks of the first request by the lender.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
A. Definition and conclusion
I. Definition

Art. 319

1 By means of an individual employment contract, the employee undertakes to work in the service of the employer for a limited or unlimited period and the employer undertakes to pay him a salary based on the amount of time he works (time wage) or the tasks he performs (piece work).

2 A contract whereby an employee undertakes to work regularly in the employer’s service by hours, half-days or days (part-time work) is likewise deemed to be an individual employment contract.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
A. Definition and conclusion
II. Creation

Art. 320

1 Except where the law provides otherwise, the individual employment contract is not subject to any specific formal requirement.

2 It is deemed to have been concluded where the employer accepts the performance of work over a certain period in his service which in the circumstances could reasonably be expected only in exchange for salary.

3 Where an employee performs work in good faith for the employer under a contract which is subsequently found to be invalid, both parties must discharge their obligations under the employment relationship as if the contract had been valid until such time as one party terminates the relationship on grounds of the invalidity of the contract.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
B. Obligations of the employee
I. Duty to work in person

Art. 321

The employee must carry out the contractually assumed tasks in person, unless otherwise required by agreement or the circumstances.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
B. Obligations of the employee
II. Duty of care and loyalty

Art. 321a

1 The employee must carry out the work assigned to him with due care and loyally safeguard the employer’s legitimate interests.

2 He must use the employer’s machinery, work tools, technical equipment, installations and vehicles in the appropriate manner and treat them and all materials placed at his disposal for the performance of his work with due care.

3 For the duration of the employment relationship the employee must not perform any paid work for third parties in breach of his duty of loyalty, in particular if such work is in competition with his employer.

4 For the duration of the employment relationship the employee must not exploit or reveal confidential information obtained while in the employer’s service, such as manufacturing or trade secrets; he remains bound by such duty of confidentiality even after the end of the employment relationship to the extent required to safeguard the employer’s legitimate interests.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
B. Obligations of the employee
III. Disclosure and hand-over of benefits received and work produced

Art. 321b

1 The employee is accountable to his employer for everything, and in particular sums of money, he receives from third parties in the performance of his contractual activities and must hand it over to the employer immediately.

2 He must likewise immediately hand over to the employer all work produced in the course of his contractual activities.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
B. Obligations of the employee
IV. Overtime

Art. 321c

1 If more hours of work are required than envisaged under the employment contract or provided for by custom, standard employment contract or collective employment contract, the employee is obliged to perform such overtime to the extent that he is able and may conscionably be expected to do so.

2 In consultation with the employee, the employer may compensate him within an appropriate period for the overtime worked by granting him time off in lieu of at least equal length.

3 Where the overtime is not compensated by time off in lieu and unless otherwise agreed in writing or under a standard employment contract or collective employment contract, the employer must compensate the employee for the overtime worked by paying him his normal salary and a supplement of at least one-quarter thereof.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
B. Obligations of the employee
V. Compliance with general directives and instructions

Art. 321d

1 The employer is entitled to issue general directives and specific instructions regarding the performance of the work and the conduct of employees in his business or household.

2 The employee must comply in good faith with the employer’s general directives and specific instructions.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
B. Obligations of the employee
VI. Employee’s liability

Art. 321e

1 The employee is liable for any damage he causes to the employer whether wilfully or by negligence.

2 The extent of the duty of care owed by the employee is determined by the individual employment contract, taking due account of the occupational risk, level of training and technical knowledge associated with the work as well as the employee’s aptitudes and skills of which the employer was or should have been aware.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
I. Salary
1. Type and amount in general

Art. 322

1 The employer must pay the agreed or customary salary or the salary that is fixed by standard employment contract or collective employment contract.

2 Where the employee lives in the employer’s household, his board and lodgings are part of the salary unless agreement or custom provide otherwise.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
I. Salary
2. Share in the business results

Art. 322a

1 Where the employee is by contract entitled to a share in the profits, the turnover or the results of the business expressed in some other manner, such share is calculated on the basis of the results for the financial year as defined by statutory provision and generally recognised commercial principles.

2 The employer must furnish all the necessary information to the employee or, in his stead, to an expert designated by both employer and employee or appointed by the court and must grant the employee or the expert such access to the accounts as is required for verification of the business results.

3 In addition, where a share in the profits of the business has been agreed, a copy of the profit and loss account must be made available to the employee on request.[114](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8202) 

[114](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8202) Amended by No I 3 of the FA of 23 Dec. 2011 (Financial Reporting Law), in force since 1 Jan. 2013 ([AS **2012** 6679](eli/oc/2012/810/en);[BBl **2008** 1589](eli/fga/2008/416/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
I. Salary
3. Commission
a. Entitlement

Art. 322b

1 Where the employee is by contract entitled to commission on particular transactions, his entitlement is established as soon as the transaction with the third party enters into force.

2 In the case of transactions involving performance in instalments and insurance policies, it may be agreed in writing that such entitlement arises as each instalment falls due or is performed.

3 The entitlement to commission lapses subsequently if through no fault of his the employer fails to carry out the transaction or the third party fails to fulfil his obligations; in the event of only partial performance, the commission is reduced proportionately.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
I. Salary
3. Commission
b. Statement

Art. 322c

1 Where the terms of the contract do not require the employee to draw up a statement of commission due to him, on each date on which commission falls due, the employer must provide him with a written statement including a breakdown of the transactions on which it is payable.

2 The employer must furnish all the necessary information to the employee or, in his stead, to an expert designated by both employer and employee or appointed by the court, and must grant the employee or the expert such access to the books of account or supporting documents as is required for verification of the commission statement.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
I. Salary
4. Bonuses

Art. 322d

1 Where the employer pays a bonus over and above the salary on particular occasions, such as at Christmas or the end of the financial year, the employee is entitled to such bonus where it is contractually stipulated.

2 If the employment relationship ends prior to the occasion on which the bonus is paid, the employee is entitled to a pro rata bonus where the contract so provides.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
II. Payment of salary
1. Payment terms and periods

Art. 323

1 Unless shorter periods or other payment terms have been agreed or are customary and unless otherwise provided by standard employment contract or collective employment contract, the salary is paid to the employee at the end of each month.

2 Unless a shorter payment period has been agreed or is customary, commission is paid at the end of each month; however, where execution of a transaction takes more than half a year, the due date of the commission payable on it may be deferred by written agreement.

3 Shares in business results are payable as soon as the results are determined, but not later than six months after the end of the financial year.

4 If an employee is in hardship and requests an advance against salary due for work already performed, the employer must advance such sum as may reasonably be expected of him.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
II. Payment of salary
2. Withholding of salary

Art. 323a

1 To the extent provided for by individual agreement, custom, standard employment contract or collective employment contract, the employer may withhold part of the salary.

2 The amount withheld on any given payment date must not exceed one-tenth of the salary due and the cumulative amount withheld must not exceed the salary due for one week’s work; however, a higher amount may be withheld under the terms of a standard employment contract or collective employment contract.

3 Unless otherwise provided by individual agreement, custom, standard employment contract or collective employment contract, the salary withheld is deemed to be security for the employer’s claims arising from the employment relationship rather than a contractual penalty.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
II. Payment of salary
3. Salary protection

Art. 323b

1 Unless otherwise provided by agreement or custom, the salary must be paid to the employee in legal tender during working hours; a written salary statement must be provided to the employee.

2 Where the employer holds claims against the employee, he may set them off against the employee’s salary claim only to the extent that such salary claim is subject to attachment, although claims for compensation of intentional damage may be set off without restriction.

3 Any agreement whereby the salary must be used for the employer’s benefit is void.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
III. Salary in the event work is not possible
1. Failure by employer to accept performance

Art. 324

1 Where the employer is at fault in preventing performance of the work or fails to accept its performance for other reasons, he remains obliged to pay the salary but the employee is not obliged to make up the time thus lost.

2 The salary payable in this event is reduced by any amounts that the employee saved as a result of being prevented from working or that he earned by performing other work or would have earned had he not intentionally foregone such work.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
III. Salary in the event work is not possible
2. Employee prevented from working
a. General principle

Art. 324a

1 Where the employee is prevented from working by personal circumstances for which he is not at fault, such as illness, accident, legal obligations or public duties, the employer must pay him his salary for a limited time, including fair compensation for lost benefits in kind, provided the employment relationship has lasted or was concluded for longer than three months.

2 Subject to longer periods being fixed by individual agreement, standard employment contract or collective employment contract, the employer must pay three weeks’ salary during the first year of service and thereafter the salary for appropriately longer periods depending on the duration of the employment relationship and the particular circumstances.

3 The employer has the same obligation in the event that an employee becomes pregnant.[115](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8354) 

4 A written agreement, standard employment contract or collective employment contract may derogate from the above provisions provided it gives the employee terms of at least equivalent benefit.

[115](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8354) Amended by Annex No 1 to the FA of 3 Oct. 2003, in force since 1 July 2005 ([AS **2005** 1429](eli/oc/2005/217/en);[BBl **2002** 7522](eli/fga/2002/1197/en), [**2003** 1112 ](eli/fga/2003/169/en)[2923](eli/fga/2003/381/en)).