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


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Art. 443

3. Power of dis­pos­al over freight

 

1 While the goods are in the car­ri­er’s pos­ses­sion, the con­signor has the right to re­claim them against com­pens­a­tion for the car­ri­er for ex­penses in­curred and any det­ri­ment res­ult­ing from their re­pos­ses­sion, ex­cept where:

1.
a bill of lad­ing has been is­sued by the con­signor and de­livered to the con­sign­ee by the car­ri­er;
2.
the con­signor has ar­ranged for an ac­know­ledge­ment of re­ceipt to be is­sued by the car­ri­er and can­not re­turn it;
3.
the car­ri­er has sent the con­sign­ee writ­ten no­tice that the goods have ar­rived and are ready for col­lec­tion;
4.
the con­sign­ee has re­ques­ted de­liv­ery of the goods after they have ar­rived at des­tin­a­tion.

2 In these cases the car­ri­er is ob­liged to com­ply solely with the con­sign­ee’s in­struc­tions, al­though where the con­signor has ar­ranged for an ac­know­ledge­ment of re­ceipt to be is­sued by the car­ri­er and the goods have not yet ar­rived at des­tin­a­tion, the car­ri­er is bound by such in­struc­tions only if the ac­know­ledge­ment of re­ceipt has been de­livered to the con­sign­ee.

 

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