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

Art. 112

C. Con­tracts con­fer­ring rights on third parties

I. In gen­er­al

 

1 A per­son who, act­ing in his own name, has entered in­to a con­tract whereby per­form­ance is due to a third party is en­titled to com­pel per­form­ance for the be­ne­fit of said third party.

2 The third party or his leg­al suc­cessors have the right to com­pel per­form­ance where that was the in­ten­tion of the con­tract­ing parties or is the cus­tom­ary prac­tice.

3 In this case the ob­li­gee may no longer re­lease the ob­lig­or from his ob­lig­a­tions once the third party has no­ti­fied the ob­lig­or of his in­ten­tion to ex­er­cise that right.