The Most Common Legal Mistakes in Switzerland

Mistake 1: Believing in a Return Right for Online Purchases

Unlike EU law (14-day withdrawal), Swiss law provides no general right of return for online purchases. Unless the seller contractually offers returns, an online purchase is final.

Mistake 2: Ignoring a Payment Order

Art. 74 DEBA grants only 10 days to object. Failure allows the creditor to continue enforcement. Many people miss this very short deadline.

Mistake 3: Missing Appeal Deadlines

10 days for summary penalty order objection (art. 354 CrimPC), 30 days for civil appeal (art. 311 CPC), 30 days for FSC appeal (art. 100 FSCA). Missing means definitive forfeiture. No "second chance" except exceptional deadline restoration (art. 148 CPC).

Mistake 4: Believing Oral Agreements Have No Value

Swiss contracts are in principle consensual: oral agreements are valid and binding (art. 1 CO). Written form is only required for specific contracts. The problem is not validity but evidence.

Mistake 5: Confusing Separation and Divorce

Separation does not end the matrimonial property regime or open pension sharing rights (art. 122 et seq. CC). Inheritance rights are preserved. Unilateral divorce requires two years of separation (art. 114 CC).

Mistake 6: Not Inspecting Purchased Goods

Art. 201 CO requires immediate inspection and defect notification. Failure means accepting the thing, losing all warranty rights.

Mistake 7: Believing a Lease Ends Automatically

Fixed-term leases renew tacitly without proper termination. Landlord must use the official form (art. 266l CO) and respect deadlines. A simple letter without the form is void.

Mistake 8: Ignoring Statutory Shares

Wills disposing of the entire estate without respecting statutory shares may be challenged by forced heirship action (art. 522 CC).

Mistake 9: Failing to Get Health Insurance on Time

The three-month deadline (art. 3 HIA) for expatriates is often missed. Late affiliation results in retroactive coverage with premium surcharge.

Mistake 10: Accepting a Summary Penalty Order Without Legal Advice

Objection within 10 days (art. 354 CrimPC) refers the case to court with full procedural guarantees. Accepting without contesting equals accepting a conviction.

Mistake 11: Applying French Law Reflexes in Switzerland

Cross-border workers and French residents often apply French legal reflexes. Swiss sales, tenancy, employment and family law differ significantly. There is no 14-day consumer withdrawal period in Swiss law.