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

Art. 13657

2. Ef­fect of in­ter­rup­tion on co-ob­lig­ors

 

1 Where the pre­script­ive peri­od for one per­son who is jointly and sev­er­ally li­able for a debt or jointly li­able for in­di­vis­ible per­form­ance is in­ter­rup­ted, it is like­wise in­ter­rup­ted for all oth­er co-ob­lig­ors, provided the in­ter­rup­tion is due to an act by the cred­it­or.

2 Where the pre­script­ive peri­od for the prin­cip­al debt­or is in­ter­rup­ted, it is like­wise in­ter­rup­ted for the surety, provided the in­ter­rup­tion is due to an act by the cred­it­or.

3 However, where the pre­script­ive peri­od for the guar­ant­or is in­ter­rup­ted, it is not in­ter­rup­ted for the prin­cip­al debt­or.

4 An in­ter­rup­tion ef­fect­ive against an in­surer is also ef­fect­ive against the debt­or and vice-versa, provided there is a dir­ect claim against the in­surer.

57 Amended by No I of the FA of 15 June 2018 (Re­vi­sion of the Law on Pre­scrip­tion), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).