brunnolou/swiss-code-of-obligations huggingface dataset:
Division One: General Provisions
Title One: Creation of Obligations
Section One: Obligations arising by Contract
H. Revocation in door-to-door sales and similar contracts
I. Scope of application

Art. 40a8

1 The following provisions apply to contracts relating to goods and services intended for the customer’s personal or family use where:

a.

 the supplier of the goods or services acted in a professional or commercial capacity; and

b.

 the consideration from the buyer exceeds 100 francs.

2 These provisions do not apply to legal transactions that are entered into by financial institutions and banks within the framework of existing financial services contracts in accordance with the Financial Services Act of 15 June 2018[9](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e780).[10](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e789) 

2bis For insurance policies, the provisions of the Insurance Policies Act of 2 April 1908[11](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e807) apply.[12](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e816) 

3 In the event of significant change to the purchasing power of the national currency, the Federal Council shall adjust the sum indicated in para. 1 let. b accordingly.

[8](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e749) Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 ([AS **1991** 846](eli/oc/1991/846%5F846%5F846/en);[BBl **1986** II 354](eli/fga/1986/2%5F354%5F360%5F231/en)).

[9](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e780) [SR **950.1**](eli/cc/2019/758/en) 

[10](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e789) Amended by No II of the FA of 19 June 2020, in force since 1 Jan. 2022 ([AS **2020** 4969](eli/oc/2020/884/en);[BBl **2017** 5089](eli/fga/2017/1303/en)).

[11](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e807) [SR **221.229.1**](eli/cc/24/719%5F735%5F717/en) 

[12](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e816) Inserted by No II of the FA of 19 June 2020, in force since 1 Jan. 2022 ([AS **2020** 4969](eli/oc/2020/884/en);[BBl **2017** 5089](eli/fga/2017/1303/en)).
Division One: General Provisions
Title One: Creation of Obligations
Section One: Obligations arising by Contract
H. Revocation in door-to-door sales and similar contracts
II. General principle

Art. 40b13

A customer may revoke his offer to enter into a contract or his acceptance of such an offer if the transaction was proposed:

 a.[14](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e864) 

 at his place of work, on residential premises or in their immediate vicinity;

b.

 on public transport or on a public thoroughfare;

c.

 during a promotional event held in connection with an excursion or similar event;

 d.[15](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e891) 

 by telephone or by a comparable means of simultaneous verbal communication.

[13](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e840) Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 ([AS **1991** 846](eli/oc/1991/846%5F846%5F846/en);[BBl **1986** II 354](eli/fga/1986/2%5F354%5F360%5F231/en)).

[14](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e864) Amended by No I of the FA of 18 June 1993, in force since 1 Jan. 1994 ([AS **1993** 3120](eli/oc/1993/3120%5F3120%5F3120/en); _BBl **1993** I 757_).

[15](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e891) Inserted 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 One: General Provisions
Title One: Creation of Obligations
Section One: Obligations arising by Contract
H. Revocation in door-to-door sales and similar contracts
III. Exceptions

Art. 40c16

The customer has no right of revocation:

a.

 if he expressly requested the contractual negotiations;

b.

 if he declared his offer or acceptance at a stand at a market or trade fair.

[16](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e917) Inserted by No I of the FA of 5 Oct. 1990 ([AS **1991** 846](eli/oc/1991/846%5F846%5F846/en);[BBl **1986** II 354](eli/fga/1986/2%5F354%5F360%5F231/en)). Amended by No I of the FA of 18 June 1993, in force since 1 Jan. 1994 ([AS **1993** 3120](eli/oc/1993/3120%5F3120%5F3120/en); _BBl **1993** I 757_).
Division One: General Provisions
Title One: Creation of Obligations
Section One: Obligations arising by Contract
H. Revocation in door-to-door sales and similar contracts
IV. Duty to inform

Art. 40d17

1 The supplier must inform the customer in writing or in another form that may be evidenced by text of the latter’s right of revocation and of the form and time limit to be observed when exercising such right, and must provide his address.[18](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e991) 

2 Such information must be dated and permit identification of the contract in question.

3 The information must be transmitted in such a manner that the customer is aware of it when he proposes or accepts the contract.[19](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1015) 

[17](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e960) Inserted by No I of the FA of 5 Oct. 1990 ([AS **1991** 846](eli/oc/1991/846%5F846%5F846/en);[BBl **1986** II 354](eli/fga/1986/2%5F354%5F360%5F231/en)). Amended by No I of the FA of 18 June 1993, in force since 1 Jan. 1994 ([AS **1993** 3120](eli/oc/1993/3120%5F3120%5F3120/en); _BBl **1993** I 757_).

[18](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e991) 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)).

[19](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1015) 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 One: General Provisions
Title One: Creation of Obligations
Section One: Obligations arising by Contract
H. Revocation in door-to-door sales and similar contracts
V. Revocation
1. Form and time limit

Art. 40e20

1 Revocation need not be in any particular form. The onus is on the customer to prove that he has revoked the contract within the time limit.[21](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1072) 

2 The prescriptive period for revocation is 14 days and commences as soon as the customer:[22](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1093) 

a.

 has proposed or accepted the contract; and

b.

 has become aware of the information stipulated in Art. 40_d_.

3 The onus is on the supplier to prove when the customer received the information stipulated in Art. 40_d_.

4 The time limit is observed if, on the last day of the prescriptive period, the customer informs the supplier of revocation or posts his written notice of revocation.[23](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1129) 

[20](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1041) Inserted by No I of the FA of 5 Oct. 1990 ([AS **1991** 846](eli/oc/1991/846%5F846%5F846/en);[BBl **1986** II 354](eli/fga/1986/2%5F354%5F360%5F231/en)). Amended by No I of the FA of 18 June 1993, in force since 1 Jan. 1994 ([AS **1993** 3120](eli/oc/1993/3120%5F3120%5F3120/en); _BBl **1993** I 757_).

[21](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1072) 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)).

[22](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1093) 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)).

[23](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1129) 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 One: General Provisions
Title One: Creation of Obligations
Section One: Obligations arising by Contract
H. Revocation in door-to-door sales and similar contracts
V. Revocation
2. Consequences

Art. 40f24

1 Where the customer has revoked the contract, the parties must provide restitution for any performance already made.

2 Where the customer has made use of the goods, he owes an appropriate rental payment to the supplier.

3 Where the supplier has rendered services to him, the customer must reimburse the supplier for outlays and expenses incurred in accordance with the provisions governing mandates (Art. 402).

4 The customer does not owe the supplier any further compensation.

[24](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1153) Inserted by No I of the FA of 5 Oct. 1990, in force since 1 July 1991 ([AS **1991** 846](eli/oc/1991/846%5F846%5F846/en);[BBl **1986** II 354](eli/fga/1986/2%5F354%5F360%5F231/en)).
Division One: General Provisions
Title One: Creation of Obligations
Section One: Obligations arising by Contract
H. Revocation in door-to-door sales and similar contracts
V. Revocation
2. Consequences

Art. 40g25

[25](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1187) Inserted by No I of the FA of 5 Oct. 1990 ([AS **1991** 846](eli/oc/1991/846%5F846%5F846/en);[BBl **1986** II 354](eli/fga/1986/2%5F354%5F360%5F231/en)). Repealed by Annex No 5 to the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 ([AS **2000** 2355](eli/oc/2000/374/en);[BBl **1999** III 2829](eli/fga/1999/1%5F2829%5F2591%5F2427/en)).
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
I. Conditions of liability

Art. 41

1 Any person who unlawfully causes damage to another, whether wilfully or negligently, is obliged to provide compensation.

2 A person who wilfully causes damage to another in an immoral manner is likewise obliged to provide compensation.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
II. Determining the damage

Art. 42

1 A person claiming damages must prove that damage occurred.

2 Where the exact value of the damage cannot be quantified, the court shall estimate the value at its discretion in the light of the normal course of events and the steps taken by the person suffering damage.

3 The costs of treating animals kept as pets rather than for investment or commercial purposes may be claimed within appropriate limits as a loss even if they exceed the value of the animal.[26](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1248) 

[26](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1248) Inserted by No II of the FA of 4 Oct. 2002 (Animals), in force since 1 April 2003 ([AS **2003** 463](eli/oc/2003/100/en); _BBl **2002** 3885_ _5418_).
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
III. Determining compensation

Art. 43

1 The court determines the form and extent of the compensation provided for damage incurred, with due regard to the circumstances and the degree of culpability.

1bis Where an animal kept as a pet rather than for investment or commercial purposes has been injured or killed, the court may take appropriate account of its sentimental value to its owner or his dependants.[27](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1278) 

2 Where damages are awarded in the form of periodic payments, the debtor must at the same time post security.

[27](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1278) Inserted by No II of the FA of 4 Oct. 2002 (Animals), in force since 1 April 2003 ([AS **2003** 463](eli/oc/2003/100/en); _BBl **2002** 3885_ _5418_).
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
IV. Grounds for reducing compensation

Art. 44

1 Where the person suffering damage consented to the harmful act or circumstances attributable to him helped give rise to or compound the damage or otherwise exacerbated the position of the party liable for it, the court may reduce the compensation due or even dispense with it entirely.

2 The court may also reduce the compensation award in cases in which the damage was caused neither wilfully nor by gross negligence and where payment of such compensation would leave the liable party in financial hardship.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
V. Special cases
1. Homicide and personal injury
a. Damages for homicide

Art. 45

1 In a case of homicide, compensation must cover all expenses arising and in particular the funeral costs.

2 Where death did not occur immediately, the compensation must also include the costs of medical treatment and losses arising from inability to work.

3 Where others are deprived of their means of support as a result of homicide, they must also be compensated for that loss.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
V. Special cases
1. Homicide and personal injury
b. Damages for personal injury

Art. 46

1 In the event of personal injury, the victim is entitled to reimbursement of expenses incurred and to compensation for any total or partial inability to work and for any loss of future earnings.

2 Where the consequences of the personal injury cannot be assessed with sufficient certainty at the time the award is made, the court may reserve the right to amend the award within two years of the date on which it was made.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
V. Special cases
1. Homicide and personal injury
c. Satisfaction

Art. 47

In cases of homicide or personal injury, the court may award the victim of personal injury or the dependants of the deceased an appropriate sum by way of satisfaction.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
V. Special cases
2. ...

Art. 4828

[28](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1358) Repealed by Art. 21 para. 1 of the FA of 30 Sept. 1943 on Unfair Competition, with effect from 1 March 1945 (BS**2** 951).
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
V. Special cases
3. Injury to personality rights

Art. 4929

1 Any person whose personality rights are unlawfully infringed is entitled to a sum of money by way of satisfaction provided this is justified by the seriousness of the infringement and no other amends have been made.

2 The court may order that satisfaction be provided in another manner instead of or in addition to monetary compensation.

[29](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1373) Amended by No II 1 of the FA of 16 Dec. 1983, in force since 1 July 1985 ([AS **1984** 778](eli/oc/1984/778%5F778%5F778/en); _BBl **1982** II 661_).
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
VI. Multiple liable parties
1. In tort

Art. 50

1 Where two or more persons have together caused damage, whether as instigator, perpetrator or accomplice, they are jointly and severally liable to the person suffering damage.

2 The court determines at its discretion whether and to what extent they have right of recourse against each other.

3 Abettors are liable in damages only to the extent that they received a share in the gains or caused damage due to their involvement.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
VI. Multiple liable parties
2. On different legal grounds

Art. 51

1 Where two or more persons are liable for the same damage on different legal grounds, whether under tort law, contract law or by statute, the provision governing recourse among persons who have jointly caused damage is applicable _mutatis mutandis_.

2 As a rule, compensation is provided first by those who are liable in tort and last by those who are deemed liable by statutory provision without being at fault or in breach of contractual obligation.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
VII. Self-defence, necessity, legitimate use of force

Art. 52

1 Where a person has acted in self-defence, he is not liable to pay compensation for damage caused to the person or property of the aggressor.

2 A person who damages the property of another in order to protect himself or another person against imminent damage or danger must pay damages at the court’s discretion.

3 A person who uses force to protect his rights is not liable in damages if in the circumstances the assistance of the authorities could not have been obtained in good time and such use of force was the only means of preventing the loss of his rights or a significant impairment of his ability to exercise them.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
A. General principles
VIII. Relationship with criminal law

Art. 53

1 When determining fault or lack of fault and capacity or incapacity to consent, the court is not bound by the provisions governing criminal capacity nor by any acquittal in the criminal court.

2 The civil court is likewise not bound by the verdict in the criminal court when determining fault and assessing compensation.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
B. Liability of persons lacking capacity to consent

Art. 54

1 On grounds of equity, the court may also order a person who lacks capacity to consent to provide total or partial compensation for the damage he has caused.

2 A person who has temporarily lost his capacity to consent is liable for any damage caused when in that state unless he can prove that said state arose through no fault of his own.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
C. Liability of employers

Art. 55

1 An employer is liable for the damage caused by his employees or ancillary staff in the performance of their work unless he proves that he took all due care to avoid a damage of this type or that the damage would have occurred even if all due care had been taken.[30](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1482) 

2 The employer has a right of recourse against the person who caused the damage to the extent that such person is liable in damages.

[30](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1482) Amended by No II Art. 1 No 2 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 One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
D. Liability for animals
I. Damages

Art. 56

1 In the event of damage caused by an animal, its keeper is liable unless he proves that in keeping and supervising the animal he took all due care or that the damage would have occurred even if all due care had been taken.

2 He has a right of recourse if the animal was provoked either by another person or by an animal belonging to another person.

3 ...[31](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1519) 

[31](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1519) Repealed by Art. 27 No 3 of the FA of 20 June 1986 on Hunting, with effect from 1 April 1988 ([AS **1988** 506](eli/oc/1988/506%5F506%5F506/en);[BBl **1983** II 1197](eli/fga/1983/2%5F1197%5F1229%5F1169/en)).
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
D. Liability for animals
II. Seizure of animals

Art. 57

1 A person in possession of a plot of land is entitled to seize animals belonging to another which cause damage on that land and take them into his custody as security for his claim for compensation or even to kill them, where justified by the circumstances.

2 He nonetheless has an obligation to notify the owner of such animals without delay or, if the owner is not known to him, to take the necessary steps to trace the owner.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
E. Liability of property owners
I. Damages

Art. 58

1 The owner of a building or any other structure is liable for any damage caused by defects in its construction or design or by inadequate maintenance.

2 He has a right of recourse against persons liable to him in this regard.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
E. Liability of property owners
II. Safety measures

Art. 59

1 A person who is at risk of suffering damage due to a building or structure belonging to another may insist that the owner take the necessary steps to avert the danger.

2 Orders given by the police for the protection of persons and property are unaffected.
Division One: General Provisions
Title One: Creation of Obligations
Section Two: Obligations in Tort
F. Liability in respect of cryptographic keys

Art. 59a32

1 The owner of a cryptographic key used to generate electronic signatures or seals is liable to third parties for any damage they have suffered as a result of relying on a valid certificate issued by a provider of certification services within the meaning of the Federal Act of 18 March 2016[33](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e1612) on Electronic Signatures.

2 The owner is absolved of liability if he can satisfy the court that he took all the security precautions that could reasonably be expected in the circumstances to prevent misuse of the cryptographic key.

3 The Federal Council defines the security precautions to be taken pursuant to paragraph 2.

[32](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1582) Inserted by Annex No 2 to the FA of 19 Dec. 2003 on Electronic Signatures ([AS **2004** 5085](eli/oc/2004/788/en);[BBl **2001** 5679](eli/fga/2001/889/en)). Amended by Annex No II 4 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 ([AS **2016** 4651](eli/oc/2016/752/en);[BBl **2014** 1001](eli/fga/2014/171/en)).

[33](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e1612) [SR **943.03**](eli/cc/2016/752/en)