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

Art. 32

G. Agency

I. With au­thor­isa­tion

1. In gen­er­al

a. Ef­fect of agency

 

1 The rights and ob­lig­a­tions arising from a con­tract made by an agent in the name of an­oth­er per­son ac­crue to the per­son rep­res­en­ted, and not to the agent.

2 Where the agent did not make him­self known as such when mak­ing the con­tract, the rights and ob­lig­a­tions arising there­from ac­crue dir­ectly to the per­son rep­res­en­ted only if the oth­er party must have in­ferred the agency re­la­tion­ship from the cir­cum­stances or did not care with whom the con­tract was made.

3 Where this is not the case, the claim must be as­signed or the debt as­sumed in ac­cord­ance with the prin­ciples gov­ern­ing such meas­ures.