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

¹ A per­son who del­eg­ates the per­form­ance of an ob­lig­a­tion or the ex­er­cise of a right arising from a con­trac­tu­al ob­lig­a­tion to an as­so­ci­ate, such as a mem­ber of his house­hold or an em­ploy­ee is li­able to the oth­er party for any dam­age the as­so­ci­ate causes in car­ry­ing out such tasks, even if their del­eg­a­tion was en­tirely au­thor­ised.⁴⁶

² This li­ab­il­ity may be lim­ited or ex­cluded by pri­or agree­ment.

³ If the ob­li­gee is in the ob­lig­or’s ser­vice or if the li­ab­il­ity arises in con­nec­tion with com­mer­cial activ­it­ies con­duc­ted un­der of­fi­cial li­cence, any ex­clu­sion of li­ab­il­ity by agree­ment may ap­ply at most to minor neg­li­gence.