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

of 30 March 1911 (Status as of 9 February 2023)
Art. 399

b. In the event of del­eg­a­tion

 

1 A man­datee who has del­eg­ated the busi­ness en­trus­ted to him to a third party without au­thor­ity is li­able for the lat­ter’s ac­tions as if they were his own.

2 Where such del­eg­a­tion was au­thor­ised, he is li­able only for any fail­ure to act with due di­li­gence when se­lect­ing and in­struct­ing the third party.

3 In both cases, claims held by the man­datee against the third party may be en­forced by the man­dat­or dir­ectly against the third party.

 
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