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Art. 141
VII. Waiver of the prescription defence 1 The debtor may waive the right to object on the grounds of prescription, in each case for a maximum of ten years from the start of the prescriptive period.61 1bis The waiver must be made in writing. Only the user of general terms and conditions of business may waive the defence of prescription in such terms and conditions.62 2 A waiver granted by a joint and several debtor does not bind the other joint and several debtors. 3 The same applies to co-obligors of an indivisible debt and to the surety in the event of waiver by the principal debtor. 4 A waiver granted by a debtor shall bind the debtor’s insurers and vice-versa, provided a direct claim exists against the insurer.63 61 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). 62 Inserted 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). 63 Inserted 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). |