brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Seventeen: Registered Power of Attorney and other Forms of Commercial Agency
D. Prohibition of competition

Art. 464

1 A registered attorney or commercial agent appointed to manage the affairs of the business as a whole or employed by the owner of the business may not without the owner’s consent engage in transactions for his own account or that of a third party in the economic sectors in which the owner himself is active.[265](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e15358) 

2 In the event of any violation of this provision, the owner of the business may seek compensation for the resultant damage and appropriate the relevant transactions for his own account.

[265](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e15358) Amended by No II Art. 1 No 10 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 Seventeen: Registered Power of Attorney and other Forms of Commercial Agency
E. Extinction of power of attorney and other forms of commercial agency

Art. 465

1 The registered power of attorney and authority to act as commercial agent may be revoked at any time without prejudice to rights accruing to the parties concerned under any existing individual contract of employment, partnership agreement, mandate or the like.[266](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e15387) 

2 The death or incapacity of the owner of the business does not extinguish the registered power of attorney or authority to act as commercial agent.

[266](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e15387) Amended by No II Art. 1 No 11 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 Eighteen: The Payment Instruction
A. Definition

Art. 466

By means of a payment instruction, the recipient of the instruction (agent) is authorised to transfer money, securities or other fungibles for the account of the party issuing the instruction (principal) to the payee and the payee is authorised to receive them in his own name.
Division Two: Types of Contractual Relationship
Title Eighteen: The Payment Instruction
B. Effects
I. Relations between principal and payee

Art. 467

1 Where the purpose of the payment instruction is to redeem a debt owed by the principal to the payee, the debt is redeemed only once the agent has made the transfer.

2 However, where the payee has accepted a payment instruction, he may assert his claim against the principal only if he called for payment from the agent but did not receive it before expiry of the term stipulated in the payment instruction.

3 A creditor who does not wish to accept a payment instruction received from his debtor must notify the debtor immediately in order to avoid liability in damages.
Division Two: Types of Contractual Relationship
Title Eighteen: The Payment Instruction
B. Effects
II. Obligations of the agent

Art. 468

1 An agent who notifies the payee that he accepts the payment instruction unreservedly is obliged to pay the payee and may raise against him only such objections as arise from their personal relationship or from the terms of the payment instruction, not objections arising from his relationship with the principal.

2 An agent who is indebted to the principal is obliged to comply with the payment instruction, provided that in doing so his own position is in no way prejudiced.

3 Even in this case the agent is not obliged to declare his acceptance prior to payment, unless otherwise agreed with the principal.
Division Two: Types of Contractual Relationship
Title Eighteen: The Payment Instruction
B. Effects
III. Duty to notify non-payment

Art. 469

Where the agent refuses to make the payment called for by the payee or declares in advance that he will not make it, the payee must notify the principal immediately in order to avoid liability in damages.
Division Two: Types of Contractual Relationship
Title Eighteen: The Payment Instruction
C. Revocation

Art. 470

1 The principal may revoke the payment instruction as against the payee unless he issued it in order to redeem a debt to the payee or otherwise in favour of the latter.

2 He may revoke it as against the agent provided the agent has not notified the payee of his acceptance.

2bis Unless the regulations of a payment system provide otherwise, a payment instruction in a cashless transaction becomes irrevocable as soon as the transfer amount is debited from the principal's account.[267](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e15476) 

3 In the event of bankruptcy proceedings against the principal, payment instructions that have not yet been accepted are deemed revoked.

[267](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e15476) Inserted by Annex No 3 of the Uncertificated Securities Act of 3 Oct. 2008, in force since 1 Oct. 2009 ([AS **2009** 3577](eli/oc/2009/450/en);[BBl **2006** 9315](eli/fga/2006/1228/en)).
Division Two: Types of Contractual Relationship
Title Eighteen: The Payment Instruction
D. Payment instructions relating to securities

Art. 471

1 The provisions of this Title apply to payment instructions made out to the bearers of negotiable securities on the premise that each such bearer is considered to be the payee in relation to the agent, whereas the rights as between the principal and the payee are established only in respect of each transferor and transferee.

2 The special provisions governing cheques and payment instructions similar in nature to bills of exchange are unaffected.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
I. Definition

Art. 472

1 A contract of bailment is a contract in which the bailee undertakes to take receipt of a chattel entrusted to him by the bailor and to keep it in a safe place.

2 The bailee may claim remuneration only where this has been expressly stipulated or was to be expected in the circumstances.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
II. Obligations of the bailor

Art. 473

1 The bailor must reimburse the bailee for expenses incurred in performance of the contract.

2 He is liable to the bailee for damage caused by the bailment unless he can prove that such damage occurred through no fault of his own.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
III. Obligations of the bailee
1. Prohibition of use

Art. 474

1 The bailee may not use the deposited chattel without the bailor’s consent.

2 If he does, he must pay the bailor adequate compensation and is liable for any chance occurrence unless he can prove that such occurrence would have affected the chattel in any event.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
III. Obligations of the bailee
2. Return
a. Rights of the bailor

Art. 475

1 The bailor may reclaim the bailed chattel together with any growth or accrual thereto at any time, even where a fixed term was agreed for the bailment.

2 However, the bailor must reimburse the bailee for expenses incurred with a view to bailment over the agreed term.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
III. Obligations of the bailee
2. Return
b. Rights of the bailee

Art. 476

1 The bailee may return the bailed chattel before expiry of the stipulated term only where unforeseen circumstances render the bailee unable to keep the chattel safely or without detriment to himself.

2 Where no term was agreed for the bailment, the bailee may return the chattel at any time.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
III. Obligations of the bailee
2. Return
c. Place of return

Art. 477

The bailed chattel is returned at the risk and expense of the bailor at the same place where it was to be kept.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
III. Obligations of the bailee
3. Liability of joint bailees

Art. 478

Where several bailees have jointly received a chattel in bailment, they are jointly and severally liable.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
III. Obligations of the bailee
4. Third-party rights of title

Art. 479

1 If a third party claims title to the bailed chattel, the bailee remains obliged to return it to the bailor unless it has been attached by court order or the third party has brought action to establish title against the bailor.

2 In this event, the bailee must inform the bailor immediately.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
A. Bailment in general
IV. Official receiver

Art. 480

Where two or more persons, with a view to protecting their rights, deposit an object whose legal status is disputed or uncertain in bailment with a third party (official receiver), the latter may return it only with the consent of the interested parties or as directed by the court.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
B. Bailment of fungibles

Art. 481

1 Where money is deposited with the express or tacit agreement that the bailee is not obliged to return precisely the same notes and coin but merely the same sum of money, all attendant risks and benefits pass to the bailee.

2 A tacit agreement is presumed if the sum of money was unsealed and open when deposited.

3 Where other fungibles or securities are deposited in bailment, the bailee has power to dispose of them only if expressly authorised so to do by the bailor.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
C. Warehousing business
I. Right to issue documents of title to goods

Art. 482

1 A warehouse keeper who publicly offers warehousing services may apply to the competent authority for the right to issue documents of title to the goods kept in storage.

2 These documents of title to goods are securities that confer the right to take delivery of the goods stored.

3 They may be made out to a named person, to order or to bearer.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
C. Warehousing business
II. Warehouse keeper’s duty of safe-keeping

Art. 483

1 A warehouse keeper has the same duty of care in relation to stored goods as a commission agent.

2 Where feasible, he must inform the bailor of any changes in the condition of the goods that call for further measures.

3 He must allow the bailor to inspect the goods and to take test samples during business hours and to take measures necessary to preserve the goods at any time.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
C. Warehousing business
III. Intermingling of stored goods

Art. 484

1 A warehouse keeper may mix fungibles with other items of the same kind and quality only if expressly authorised so to do.

2 Each bailor may reclaim a number corresponding to his deposit from any goods thus intermingled.

3 The warehouse keeper may make the required division without the involvement of the other bailors.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
C. Warehousing business
IV. Rights of the warehouse keeper

Art. 485

1 The warehouse keeper is entitled to the agreed or customary warehouse fee and to reimbursement of all expenses not resulting from the actual storage of the goods (freight charges, customs duties, repairs).

2 Such expenses must be reimbursed immediately, whereas the warehouse fee is payable in arrears for every three months of storage and in any event whenever all or some of the goods are reclaimed.

3 The warehouse keeper’s claims are secured by a lien on the goods, provided he remains in possession of the goods or may dispose of them by means of a document of title to goods.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
C. Warehousing business
V. Return of the goods

Art. 486

1 The warehouse keeper has the same obligation to return the goods as an ordinary bailee, except that he remains bound to observe the contractual storage duration even where an ordinary bailee would be entitled to return them sooner owing to unforeseen circumstances.

2 Where a document of title to goods has been issued, the warehouse keeper is entitled and obliged to release the goods only to the beneficiary named therein.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
D. Inns, hotels and stables
I. Liability of hoteliers
1. Conditions and scope

Art. 487

1 Innkeepers and hoteliers who provide accommodation for persons not known to them are liable for any damage, destruction or misappropriation of personal effects brought onto the premises by their guests unless they can prove that such damage is attributable to the guest himself or to his visitors, companions or staff or to force majeure or to the nature of the objects in question.

2 However, the liability for personal effects brought onto the premises by guests is subject to an upper limit of 1,000 francs for each guest where no fault can be ascribed to the innkeeper or hotelier or his staff.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
D. Inns, hotels and stables
I. Liability of hoteliers
2. Specific liability for valuables

Art. 488

1 Where valuables, large sums of money or securities are not deposited with the innkeeper or hotelier, the latter is only liable for them if he or his staff are at fault.

2 Where he accepts or declines the deposit of such items, he is liable for their full value.

3 Where the guest cannot reasonably be expected to deposit such items, the innkeeper or hotelier is liable for them as for the other personal effects of the guest.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
D. Inns, hotels and stables
I. Liability of hoteliers
3. End of liability

Art. 489

1 The guest’s claims are forfeited if he fails to report any damage to the innkeeper or hotelier immediately.

2 The innkeeper or hotelier may not exempt himself from liability by posting disclaimer notices on the premises or making such liability dependent on conditions not specified in law.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
D. Inns, hotels and stables
II. Liability of stable owners

Art. 490

1 Owners of stables are liable for any damage, destruction or misappropriation of animals, vehicles and their appurtenances entrusted to or otherwise received by them or by their staff unless they can prove that such damage is attributable to the bailor or his visitors, companions or staff or to force majeure or to the nature of the animals or objects deposited.

2 However, liability for animals, vehicles and appurtenances accommodated in stables is subject to a maximum of 1,000 francs for each bailor where no fault can be ascribed to the stable owner or his staff.
Division Two: Types of Contractual Relationship
Title Nineteen: The Contract of Bailment
D. Inns, hotels and stables
III. Lien

Art. 491

1 Innkeepers, hoteliers and stable owners have a lien on the animals and objects brought onto their premises as security for their claims in connection with accommodation and storage.

2 The provisions governing the landlord’s or lessor’s right of lien apply _mutatis mutandis_.
Division Two: Types of Contractual Relationship
Title Twenty:268 The Contract of Surety
A. Requirements
I. Definition

Art. 492

1 Under a contract of surety, the surety undertakes as against the creditor of the principal debtor to vouch for performance of the obligation.

2 A contract of surety presupposes the existence of a valid primary obligation. A future or conditional obligation may be guaranteed by means of a contract of surety provided that the primary obligation takes effect.

3 A person standing surety for performance of an obligation resulting from a contract that is not binding on the principal debtor as a result of error or incapacity to make a contract is liable for such obligation, subject to the conditions and doctrines of the law governing surety, if he was aware of the defect vitiating the contract at the time he gave his commitment. The same applies to any person who stands surety for performance of an obligation that is time-barred for the principal debtor.

4 Unless the law provides otherwise, the surety may not waive in advance the rights conferred on him under this Title.
Division Two: Types of Contractual Relationship
Title Twenty:268 The Contract of Surety
A. Requirements
II. Form

Art. 493

1 The contract of surety is valid only where the surety makes a written declaration and indicates in the surety bond the maximum amount for which he is liable.

2 Where the surety is a natural person, his declaration must additionally be done in the form of a public deed in conformity with the rules in force at the place where the instrument is drawn up. Where the liability under surety does not exceed the sum of 2,000 francs, it is sufficient for the surety to indicate the amount for which he is liable and the existence of joint and several liability, if any, in his own hand in the surety bond itself.

3 Contracts of surety in favour of the Confederation or its public institutions or in favour of a canton for the performance of public law obligations, such as customs duties, taxes and the like, and for freight charges merely require the written declaration of the surety and an indication in the surety bond itself of the amount for which he is liable.

4 Where the total liability is divided into smaller amounts in order to circumvent the formal requirement of a public deed, the formal requirements for contracts of surety for such partial amounts are the same as those prescribed for the total.

5 The sole formal requirement for subsequent amendments to the surety, except where the total liability is increased or the surety is transformed from a simple surety into a joint and several surety, is that they be done in writing. Where the principal obligation is assumed by a third party such that the debtor is released, the contract of surety is extinguished unless the surety has consented in writing to such assumption.

6 The formal requirements applicable to the contract of surety also apply to the conferral of special authority to enter into a contract of surety and the promise to stand surety for the contracting party or a third party. The parties may agree in writing to limit the surety’s liability to that portion of the principal obligation that is satisfied first.

7 The Federal Council may cap the fee payable for drawing up the surety bond as a public deed.
Division Two: Types of Contractual Relationship
Title Twenty:268 The Contract of Surety
A. Requirements
III. Spouse’s consent

Art. 494

1 A married person may validly stand as surety only with the written consent of his spouse given in advance or at the latest simultaneously, unless the spouses are separated by court judgment.

2 ... [269](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e15875) 

3 The spouse’s consent to subsequent amendments of a contract of surety is required only where the total liability is to be increased or a simple surety is to be transformed into a joint and several surety, or where the effect of the amendment is to diminish the level of security substantially.

4 The same applies _mutatis mutandis_ to registered partners.[270](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e15900) 

[269](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e15875) Repealed by No I of the FA of 17 June 2005 (Sureties. Spouse’s consent), with effect from 1 Dec. 2005 ([AS **2005** 5097](eli/oc/2005/708/en);[BBl **2004** 4955 ](eli/fga/2004/884/en)[4965](eli/fga/2004/886/en)).

[270](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e15900) Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ([AS **2005** 5685](eli/oc/2005/782/en);[BBl **2003** 1288](eli/fga/2003/194/en)).
Division Two: Types of Contractual Relationship
Title Twenty:268 The Contract of Surety
B. Substance
I. Particularities of different types of surety
1. Simple surety

Art. 495

1 The creditor may resort to a simple surety only if, after the surety was provided, the debtor is declared bankrupt or obtains a debt restructuring moratorium, or is the object of debt enforcement proceedings instigated with due diligence by the creditor which have resulted in the issue of a definitive certificate of loss, or has relocated his domicile abroad and can no longer be sued in Switzerland, or legal action against him in foreign courts has been substantially impeded as a result of such relocation.

2 Where the claim is secured by pledges, a simple surety may require that the creditor satisfy his claim first from such pledges, provided the debtor has not been declared bankrupt or obtained a debt restructuring moratorium.

3 Where the surety has undertaken solely to cover any shortfall suffered by the creditor (indemnity bond), he may not be sued unless a definitive certificate of loss has been issued against the principal debtor or the latter has relocated his domicile abroad and can no longer be sued in Switzerland, or legal action against him in foreign courts has been substantially impeded as a result of such relocation. Where a composition agreement has been concluded, the surety may be sued for the remitted portion of the principal obligation immediately on the entry into force of the composition agreement.

4 Agreements to the contrary are reserved.
Division Two: Types of Contractual Relationship
Title Twenty:268 The Contract of Surety
B. Substance
I. Particularities of different types of surety
2. Joint and several surety

Art. 496

1 Where a person stands surety for an obligation by appending the words “joint and several” or an equivalent phrase, the creditor may resort to him before suing the principal debtor and before realising property given in pledge provided the principal debtor has defaulted on his debt payments and has been issued with payment reminders to no avail or is manifestly insolvent.

2 The creditor may resort to the surety before realising pledged chattels and debts only to the extent that these are deemed by the court unlikely to cover the debt or where such sequence was agreed or where the debtor has been declared bankrupt or obtained a debt restructuring moratorium.