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

¹ Where a per­son stands surety for an ob­lig­a­tion by ap­pend­ing the words “joint and sev­er­al” or an equi­val­ent phrase, the cred­it­or may re­sort to him be­fore su­ing the prin­cip­al debt­or and be­fore real­ising prop­erty giv­en in pledge provided the prin­cip­al debt­or has de­faul­ted on his debt pay­ments and has been is­sued with pay­ment re­mind­ers to no avail or is mani­festly in­solv­ent.

² The cred­it­or may re­sort to the surety be­fore real­ising pledged chat­tels and debts only to the ex­tent that these are deemed by the court un­likely to cov­er the debt or where such se­quence was agreed or where the debt­or has been de­clared bank­rupt or ob­tained a debt re­struc­tur­ing morator­i­um.