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

¹ Where the buy­er is dis­pos­sessed of only part of the pur­chased ob­ject or it is en­cumbered with a charge in rem for which the seller is guar­ant­or, the buy­er may not seek ter­min­a­tion of the con­tract of sale but may only claim dam­ages for be­ing thus dis­pos­sessed.

² However, where in the cir­cum­stances there is cause to pre­sume that he would not have entered in­to the con­tract if he had fore­seen such a par­tial dis­pos­ses­sion, he has the right to re­quest its ter­min­a­tion.

³ In this case, he must re­turn to the seller that part of the item of which he has not been dis­pos­sessed to­geth­er with the be­ne­fits he ob­tained from it in the in­ter­im.