brunnolou/swiss-code-of-obligations huggingface dataset:
Division One: General Provisions
Title Three: Extinction of Obligations
G. Prescription
V. Prescription of the right of recourse

Art. 13959

Where two or more debtors are jointly and severally liable, the right of recourse of each debtor who has satisfied the creditor prescribes three years from date on which he satisfies the creditor and is aware of his co-debtors.

[59](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e3225) 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 Three: Extinction of Obligations
G. Prescription
VI. Prescription of a charge on chattels

Art. 140

The existence of a charge on chattels does not prevent the prescription of a claim, although the fact of its prescription does not prevent the creditor from asserting his right under the charge.
Division One: General Provisions
Title Three: Extinction of Obligations
G. Prescription
VII. Waiver of the prescription defence60

Art. 141

1 The debtor may waive the right to object on the grounds of prescription, in each case for a maximum of ten years from the start of the prescriptive period.[61](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e3279) 

1bis The waiver must be made in writing. Only the user of general terms and conditions of business may waive the defence of prescription in such terms and conditions.[62](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e3297) 

2 A waiver granted by a joint and several debtor does not bind the other joint and several debtors.

3 The same applies to co-obligors of an indivisible debt and to the surety in the event of waiver by the principal debtor.

4 A waiver granted by a debtor shall bind the debtor’s insurers and vice-versa, provided a direct claim exists against the insurer.[63](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e3321) 

[61](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e3279) 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)).

[62](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e3297) 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)).

[63](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e3321) 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)).
Division One: General Provisions
Title Three: Extinction of Obligations
G. Prescription
VIII. Application

Art. 142

A court may not apply the prescriptive defence of its own accord.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section One: Joint and Several Obligations
A. Joint and several debtors
I. Requirement

Art. 143

1 Debtors become jointly and severally liable for a debt by stating that each of them wishes to be individually liable for performance of the entire obligation.

2 Without such a statement of intent, debtors are joint and severally liable only in the cases specified by law.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section One: Joint and Several Obligations
A. Joint and several debtors
II. Relationship between creditor and debtor
1. Effect
a. Liability of the debtors

Art. 144

1 A creditor may at his discretion request partial performance of the obligation from each joint and several debtor or else full performance from any one of them.

2 All the debtors remain under the obligation until the entire claim has been redeemed.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section One: Joint and Several Obligations
A. Joint and several debtors
II. Relationship between creditor and debtor
1. Effect
b. Objections by the debtors

Art. 145

1 A joint and several debtor may raise against the creditor only those objections that are based either on his personal relationship with the creditor or on the nature of or collective reason for the joint and several obligation.

2 Each joint and several debtor is liable to the others if he fails to raise the objections which all of them are entitled to raise.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section One: Joint and Several Obligations
A. Joint and several debtors
II. Relationship between creditor and debtor
1. Effect
c. Action taken by individual debtors

Art. 146

Unless otherwise provided, a joint and several debtor must not take any action which might impair the position of his fellows.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section One: Joint and Several Obligations
A. Joint and several debtors
II. Relationship between creditor and debtor
2. Extinction of the joint and several obligation

Art. 147

1 Where one joint and several debtor satisfies the creditor by payment or set-off, the others are discharged to that extent.

2 Where one joint and several debtor is released from liability without satisfaction of the creditor, such release does not benefit the others save to the extent justified by the circumstances or the nature of the obligation.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section One: Joint and Several Obligations
A. Joint and several debtors
III. Relationship between joint and several debtors
1. Participation

Art. 148

1 Unless the legal relationship between the joint and several debtors indicates otherwise, each of them assumes an equal share of the payment made to the creditor.

2 A joint and several debtor who pays more than his fair share has recourse against the others for the excess.

3 Amounts that cannot be recovered from one joint and several debtor must be borne in equal shares by the others.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section One: Joint and Several Obligations
A. Joint and several debtors
III. Relationship between joint and several debtors
2. Subrogation

Art. 149

1 A joint and several debtor with right of recourse against his fellow debtors is subrogated to the rights of the creditor to the extent the latter has been satisfied.

2 The creditor is liable if he favours the legal position of one joint and several debtor to the detriment of the others.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section One: Joint and Several Obligations
B. Joint and several creditors

Art. 150

1 Multiple creditors become joint and several creditors where the debtor states that he wishes to grant each of them the right to receive full performance of the debt and in the cases prescribed by law.

2 Performance made to one joint and several creditor discharges the debtor as against all of them.

3 The debtor may choose which joint and several creditor he makes the payment to, provided none of them has initiated legal proceedings against him.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Two: Conditional Obligations
A. Condition precedent
I. In general

Art. 151

1 A contract is conditional if its binding nature is made dependent on the occurrence of an event that is not certain to happen.

2 The contract takes effect as soon as this condition precedent occurs, unless the parties clearly intended otherwise.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Two: Conditional Obligations
A. Condition precedent
II. Before the condition occurs

Art. 152

1 Until such time as the condition precedent occurs, the conditional obligor must refrain from any act which might prevent the due performance of his obligation.

2 A conditional obligee whose rights are jeopardised is entitled to apply for the same protective measures as if his claim were unconditional.

3 On fulfilment of the condition precedent, dispositions made before it occurred are void to the extent that they impair the effect of the condition precedent.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Two: Conditional Obligations
A. Condition precedent
III. Benefits enjoyed in the interim

Art. 153

1 A creditor into whose possession a promised object has been delivered before the condition precedent occurred may, on fulfilment of the condition precedent, keep any benefits obtained from it in the interim.

2 If the condition precedent fails to occur, he is obliged to return such benefits.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Two: Conditional Obligations
B. Condition subsequent

Art. 154

1 A contract whose termination is made dependent on the occurrence of an event that is not certain to happen lapses as soon as that condition is fulfilled.

2 As a rule, there is no retroactive effect.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Two: Conditional Obligations
C. Joint provisions
I. Fulfilment of the condition

Art. 155

If the condition consists of an act by one of the parties and that act need not be carried out in person, it may also be carried out by the party’s heirs.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Two: Conditional Obligations
C. Joint provisions
II. Prevention in bad faith

Art. 156

A condition is deemed fulfilled where one of the parties has prevented its fulfilment by acting in bad faith.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Two: Conditional Obligations
C. Joint provisions
III. Inadmissible conditions

Art. 157

Where a condition is attached with the intention of encouraging an unlawful or immoral act or omission, the conditional claim is void.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Three: Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties
A. Earnest and forfeit money

Art. 158

1 Earnest money paid on entering into a contract is deemed a mark of the party’s intention to honour the contract rather than a forfeit.

2 Unless otherwise stipulated by agreement or local custom, the earnest money is retained by the recipient without being deducted from his claim.

3 Where a sum of forfeit money has been agreed, the party that paid the sum may withdraw from the contract by relinquishing it and the party that received it by returning twice the amount.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Three: Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties
B. ...

Art. 15964

[64](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e3577) Repealed by No II Art. 6 No 1 of the FA of 25 June 1971, with effect from 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 One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Three: Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties
C. Contractual penalty
I. Rights of the creditor
1. Relation between penalty and contractual performance

Art. 160

1 Where a penalty is promised for non-performance or defective performance of a contract, unless otherwise agreed, the creditor may only compel performance or claim the penalty.

2 Where the penalty is promised for failure to comply with the stipulated time or place of performance, the creditor may claim the penalty in addition to performance provided he has not expressly waived such right or accepted performance without reservation.

3 The foregoing does not apply if the debtor can prove that he has the right to withdraw from the contract by paying the penalty.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Three: Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties
C. Contractual penalty
I. Rights of the creditor
2. Relation between penalty and damage

Art. 161

1 The penalty is payable even if the creditor has not suffered any damage.

2 Where the damage suffered exceeds the penalty amount, the creditor may claim further compensation only if he can prove that the debtor was at fault.
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Three: Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties
C. Contractual penalty
I. Rights of the creditor
3. Forfeiture of part payments

Art. 162

1 Any agreement that part payments are forfeited to the creditor in the event the contract is terminated shall be determined in accordance with the provisions governing contractual penalties.

2 ...[65](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e3641) 

[65](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e3641) Repealed by Annex 2 No II 1 to the FA of 23 March 2001 on Consumer Credit, with effect from 1 Jan. 2003 ([AS **2002** 3846](eli/oc/2002/593/en);[BBl **1999** III 3155](eli/fga/1999/1%5F3155%5F2879%5F2697/en)).
Division One: General Provisions
Title Four: Special Relationships relating to Obligations
Section Three: Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties
C. Contractual penalty
II. Amount, nullity and reduction of the penalty

Art. 163

1 The parties are free to determine the amount of the contractual penalty.

2 The penalty may not be claimed where its purpose is to reinforce an unlawful or immoral undertaking or, unless otherwise agreed, where performance has been prevented by circumstances beyond the debtor’s control.

3 At its discretion, the court may reduce penalties that it considers excessive.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
I. Requirements
1. Voluntary assignment
a. Admissibility

Art. 164

1 A creditor may assign a claim to which he is entitled to a third party without the debtor’s consent unless the assignment is forbidden by law or contract or prevented by the nature of the legal relationship.

2 The debtor may not object to the assignment on the grounds that it was excluded by agreement against any third party who acquires the claim in reliance on a written acknowledgement of debt in which there is no mention of any prohibition of assignment.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
I. Requirements
1. Voluntary assignment
b. Form of the contract

Art. 165

1 An assignment is valid only if done in writing.

2 No particular form is required for an undertaking to enter into an assignment agreement.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
I. Requirements
2. Assignment by law or court order

Art. 166

Where legal provisions or a court judgment require a claim to be assigned to another person, the assignment is effective towards third parties without need for any particular form or even for a statement of intent by the former creditor.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
II. Effect of assignment
1. Position of the debtor
a. Payment made in good faith

Art. 167

Where, before the assignment has been brought to his attention by the assignor or the assignee, the debtor makes payment in good faith to his former creditor or, in the case of multiple assignments, to a subsequent assignee who acquired the claim, he is validly released from his obligation.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
II. Effect of assignment
1. Position of the debtor
b. Refusal of payment and deposit

Art. 168

1 In the event of dispute as to entitlement, the debtor may refuse payment and discharge his obligation by depositing the payment with the court.

2 He makes payment at his own risk if he does so with knowledge of the dispute.

3 Where legal action is pending and the debt is due, each party may require the debtor to deposit the payment with the court.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
II. Effect of assignment
1. Position of the debtor
c. Objections raised by the debtor

Art. 169

1 Any objection that could have been made to the assignor’s claim may also be made to the assignee if it applied at the time the debtor first learned of the assignment.

2 If the debtor held a countervailing claim that was not yet due at that time, he may nonetheless set it off against the assigned claim provided it did not fall due any later than the assigned claim.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
II. Effect of assignment
2. Transfer of preferential and accessory rights, documents and evidence

Art. 170

1 The assignment of a claim includes all preferential and accessory rights except those that are inseparable from the person of the assignor.

2 The assignor is bound to surrender to the assignee the legal document pertaining to the debt together with all available evidence thereof and to furnish him with all information necessary to assert the claim.

3 Arrears of interest are presumed assigned with the main debt.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
II. Effect of assignment
3. Warranty
a. In general

Art. 171

1 Where assignment is made for valuable consideration, the assignor warrants that the claim exists at the time of assignment.

2 However, he does not warrant that the debtor is solvent unless he has undertaken to do so.

3 Where there is no valuable consideration for the assignment, the assignor does not even warrant that the claim exists.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
II. Effect of assignment
3. Warranty
b. In the case of assignment by way of satisfaction

Art. 172

Where a creditor has assigned his claim in payment without fixing the amount at which the claim should be credited, the assignee need credit only the amount that he actually receives from the debtor or would have been able to obtain by exercising all due diligence.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
II. Effect of assignment
3. Warranty
c. Scope of liability

Art. 173

1 The assignor is liable under warranty only for the valuable consideration received plus interest and in addition for the costs of the assignment and of any unsuccessful proceedings against the debtor.

2 Where a claim is assigned by operation of law, the previous creditor warrants neither the existence of the claim nor the solvency of the debtor.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
A. Assignment of claims
III. Special provisions

Art. 174

Where the law envisages special provisions governing the assignment of claims, these are unaffected.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
B. Assumption of debt
I. Debtor and debt acquirer

Art. 175

1 A person who promises to answer for the debt of another assumes an obligation to release the debtor from his obligation either by satisfying the creditor or by taking the debtor’s place with the consent of the creditor.

2 The debtor may not compel performance of the obligation by the party assuming the debt until the debtor has discharged his obligations under the debt assumption contract.

3 If the previous debtor is not released from his debt, he may request that the new debtor furnish security.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
B. Assumption of debt
II. Contract between debt acquirer and creditor
1. Offer and acceptance

Art. 176

1 The accession of the debt acquirer to the debt relationship in lieu of and with the release of the previous debtor is effected by means of a contract between the debt acquirer and the creditor.

2 An offer to enter into the contract may consist of notification of the creditor that the debt is to be assumed. Notification must be made either by the debt acquirer or, on his authority, by the previous debtor.

3 The creditor’s acceptance may be express or implied by the circumstances and is presumed once the creditor unreservedly takes receipt of a payment from the debt acquirer or consents to some other act performed by him in the capacity of debtor.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
B. Assumption of debt
II. Contract between debt acquirer and creditor
2. Lapse of offer

Art. 177

1 The creditor may declare his acceptance at any time, but the debt acquirer and the former debtor may set the creditor a time limit for acceptance and where this expires without communication from the creditor, he is deemed to have refused the offer.

2 If the creditor agrees some other debt assumption arrangement before the offer has been accepted and the new prospective debt acquirer has also made an offer to the creditor, the party that made the previous offer is no longer bound thereby.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
B. Assumption of debt
III. Effect of change of debtor
1. Accessory rights

Art. 178

1 The rights that are accessory to the debt remain unaffected by the change of debtor save to the extent that they are inseparable from the person of the previous debtor.

2 However, pledges and sureties provided by third parties remain in place in favour of the creditor only provided the pledgor or surety has consented to the assumption of the debt.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
B. Assumption of debt
III. Effect of change of debtor
2. Objections

Art. 179

1 Any defences arising from the debt relationship are available to the new debtor as they were to the former.

2 The new debtor may not invoke the defences personally available to the old debtor against the creditor, unless otherwise provided in the contract with the creditor.

3 Where the debt acquirer has defences arising against the debtor from the legal relationship underlying the assumption of debt, these may not be invoked against the creditor.
Division One: General Provisions
Title Five: Assignment of Claims and Assumption of Debt
B. Assumption of debt
IV. Failure of debt assumption contract

Art. 180

1 In the event of the failure of the debt assumption contract, the previous debtor’s obligation is revived with all accessory rights, subject to the rights of bona fide third parties.

2 The creditor may also claim damages from the would-be debt acquirer for any damage suffered as a result of the loss of security previously obtained or for similar reasons, unless the would-be debt acquirer can prove that he was in no way to blame for the failure of the debt assumption contract or the damage caused to the creditor.