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

Art. 436

5. Agent act­ing for his own ac­count

a. Pri­cing and com­mis­sion

 

1 Un­less oth­er­wise in­struc­ted by the prin­cip­al, a com­mis­sion agent in­struc­ted to buy or sell goods, bills of ex­change or oth­er se­cur­it­ies with a quoted ex­change or mar­ket price is en­titled, in his own ca­pa­city as seller, to de­liv­er the goods he is in­struc­ted to buy or, in his own ca­pa­city as buy­er, to pur­chase the goods he is in­struc­ted to sell.

2 In both cases, the com­mis­sion agent must ac­count for the ex­change or mar­ket price that ap­plied at the time the in­struc­tion was ex­ecuted and is en­titled to both the usu­al com­mis­sion and re­im­burse­ment of the ex­penses nor­mally in­curred in com­mis­sion busi­ness.

3 In oth­er re­spects the trans­ac­tion is treated as a con­tract of sale.