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

¹ The pro­vi­sions on leases in Title 8 (Art. 258 and 259a–259i) ap­ply mu­tatis mutandis:

a.

where the lessor fails to hand over the prop­erty on the agreed date or hands it over in a de­fect­ive con­di­tion;

b.

where de­fects arise in the ob­ject which are not at­trib­ut­able to the less­ee and which he is not ob­liged to rem­edy at his own ex­pense, or where he is pre­ven­ted from us­ing the ob­ject as con­trac­tu­ally agreed.

² Clauses to the con­trary to the det­ri­ment of the less­ee are void if they are set out:

a.

in pre­vi­ously for­mu­lated gen­er­al terms and con­di­tions;

b.

in usu­fructu­ary leases for res­id­en­tial or com­mer­cial premises.