Federal Act on the Amendment of the Swiss Civil Code

¹An ob­lig­a­tion is deemed ex­tin­guished where its per­form­ance is made im­possible by cir­cum­stances not at­trib­ut­able to the ob­lig­or.

²In a bi­lat­er­al con­tract, the ob­lig­or thus re­leased is li­able for the con­sid­er­a­tion already re­ceived pur­su­ant to the pro­vi­sions on un­just en­rich­ment and loses his counter-claim to the ex­tent it has not yet been sat­is­fied.

³This does not ap­ply to cases in which, by law or con­trac­tu­al agree­ment, the risk passes to the ob­li­gee pri­or to per­form­ance.