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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

of 30 March 1911 (Status as of 1 January 2023)

Art. 138

b. By ac­tion of the cred­it­or

 

1 Where the pre­script­ive peri­od has been in­ter­rup­ted by an ap­plic­a­tion for con­cili­ation, or the sub­mis­sion of a state­ment of claim or de­fence, a new pre­script­ive peri­od com­mences when the dis­pute is settled be­fore the rel­ev­ant court.58

2 Where the pre­script­ive peri­od has been in­ter­rup­ted by debt en­force­ment pro­ceed­ings, a new pre­script­ive peri­od com­mences as of each step taken in the pro­ceed­ings.

3 Where the pre­script­ive peri­od has been in­ter­rup­ted by a pe­ti­tion for bank­ruptcy, a new pre­script­ive peri­od com­mences as of the time spe­cified by bank­ruptcy law at which it once again be­comes pos­sible to as­sert the claim.

58 Amended by An­nex 1 No II 5 of the Civil Pro­ced­ure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).