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

¹ An er­ror is fun­da­ment­al in the fol­low­ing cases in par­tic­u­lar:

1.

where the party act­ing in er­ror in­ten­ded to con­clude a con­tract dif­fer­ent from that to which he con­sen­ted;

2.

where the party act­ing in er­ror has con­cluded a con­tract re­lat­ing to a sub­ject mat­ter oth­er than the sub­ject mat­ter he in­ten­ded or, where the con­tract relates to a spe­cif­ic per­son, to a per­son oth­er than the one he in­ten­ded;

3.

where the party act­ing in er­ror has prom­ised to make a sig­ni­fic­antly great­er per­form­ance or has ac­cep­ted a prom­ise of a sig­ni­fic­antly less­er con­sid­er­a­tion than he ac­tu­ally in­ten­ded;

4.

where the er­ror relates to spe­cif­ic facts which the party act­ing in er­ror con­sidered in good faith to be a ne­ces­sary basis for the con­tract.

² However, where the er­ror relates solely to the reas­on for con­clud­ing the con­tract, it is not fun­da­ment­al.

³ Cal­cu­la­tion er­rors do not render a con­tract any less bind­ing, but must be cor­rec­ted.