Contractual Liability in Switzerland
The conditions: breach of contract, presumed fault, damage, and causal link according to art. 97 CO.
Last updated : 2026-04-02
Conditions of Contractual Liability
Article 97(1) CO provides that the debtor is liable for damage resulting from non-performance, unless they prove the absence of fault. Fault is presumed: the burden of proving the absence of fault lies with the debtor. The statute of limitations is ten years (Art. 127 CO). Clauses excluding liability for fraud or gross negligence are null and void (Art. 100(1) CO).
Frequently Asked Questions
Who Must Prove Fault in Contractual Liability?
The debtor's fault is presumed (Art. 97 para. 1 CO). It is the debtor who must prove that they acted without fault.
Can contractual liability be excluded?
Partially. Art. 100 para. 1 CO prohibits the exclusion of liability for fraud or gross negligence.
What is the statute of limitations?
Ten years (art. 127 CO), as opposed to three years for the extraneous contractual claim (art. 60 CO).
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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