Work contract (Switzerland)

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The contract for work and services is a type of contract in the Swiss Code of Obligations . It is regulated in Articles Art. 363 to Art. 379 OR. According to this, in the case of a contract for work and services, the entrepreneur undertakes to produce a work and the customer to provide remuneration .

Demarcation

The work contract stands between the purchase contract and the order . One thing is owed in the purchase contract as well as in the work contract , whereby this is not produced specifically for the customer in the purchase contract. The order, on the other hand, has in common with the contract for work that the supplying person must act. With the order, however - unlike the work contract - no success is owed.

Although it has similar terms, the contract for work and services must also be distinguished from the contract for the publishing house . This is regulated in the Code of Obligations in Art. 380  ff. OR - and thus immediately following the contract for work and services.

The work

In teaching and jurisprudence , it has long been disputed whether or not only physical products can represent a “work” within the meaning of the law. The Federal Court led by BGE 63 II 176 a differentiated case-law, service contract law should apply after the architect's contract at least for the preparation of plans and only for the remaining contract law. With BGE 98 II 305 it rejected this case law and applied only contract law to all aspects of the architects' contract. With BGE 109 II 34, it also rejected this view and since then has consistently held the view that incorporeal products can also be the subject of the contract for work and thus “work”. Also in the prevailing doctrine nowadays the opinion is held that incorporeal products such as concert performances can represent a work.

literature

See also

Individual evidence

  1. ↑ Art. 363 OR.
  2. ↑ BGE 63 II 176. In: Collection of decisions of the Federal Court. July 13, 1937, accessed January 31, 2016 .
  3. ↑ BGE 98 II 305. In: Collection of decisions of the Federal Court. October 3, 1972, accessed January 31, 2016 .
  4. ↑ BGE 109 II 34. In: Collection of decisions of the Federal Court. February 15, 1983, accessed January 31, 2016 (French).
  5. ^ Heinrich Honsell : Swiss Code of Obligations - Special Part . 7th edition. Stämpfli , Bern 2003, ISBN 3-7272-0947-X .