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

¹ The cred­it­or may not ap­ply to the surety in re­spect of the prin­cip­al ob­lig­a­tion be­fore the date fixed for its pay­ment even if such date is brought for­ward fol­low­ing the prin­cip­al debt­or’s bank­ruptcy.

² Un­der a con­tract of surety of any type, in ex­change for fur­nish­ing real se­cur­ity, the surety may re­quest that the court sus­pend the debt en­force­ment pro­ceed­ings against him un­til all pledges have been real­ised and a defin­it­ive cer­ti­fic­ate of loss has been is­sued against the prin­cip­al debt­or or a com­pos­i­tion agree­ment has been con­cluded with the cred­it­ors.

³ Where the prin­cip­al ob­lig­a­tion may not fall due without no­tice be­ing served by the cred­it­or or the prin­cip­al debt­or, the time lim­it for the surety does not com­mence un­til the date on which he re­ceives such no­tice.

⁴ Where the ob­lig­a­tion of a prin­cip­al debt­or resid­ing abroad is an­nulled or re­stric­ted by for­eign le­gis­la­tion, such as by pro­vi­sions re­lat­ing to clear­ing sys­tems or a ban on cur­rency trans­fers, a surety res­id­ent in Switzer­land may also rely on such le­gis­la­tion un­less he has waived this de­fence.