Innovation durch den OR 2020-Entwurf: Die Vorschriften über die Liquidation
The draft version of the new Swiss Law of Obligations (OR 2020) suggests introducing a novel regime for restitution (called “Liquidation”) into the general part of the OR. The new provisions would cover all cases where contractual performances have to be restored, ranging from the invalidity of a contract to its termination for breach. It specifies that if a party cannot return what it has received, it must pay compensation, the value of which will be determined based on the contractual stipulations. Parties are also obliged to pay for the use of goods received and interest for money received.
The new provisions are exemplary in both their conciseness and clarity. They overcome many contradictions and insufficiencies in the current law. With this new regime in place, Switzerland will be at the forefront of national legal systems as well as European and international texts that have tried to unify the different rules on restitution. Nevertheless, there are some minor issues that…
