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

Art. 63

II. Pay­ment in sat­is­fac­tion of a non-ex­ist­ent ob­lig­a­tion

 

1 A per­son who has vol­un­tar­ily sat­is­fied a non-ex­ist­ent debt has a right to resti­tu­tion of the sum paid only if he can prove that he paid it in the er­ro­neous be­lief that the debt was owed.

2 Resti­tu­tion is ex­cluded where pay­ment was made in sat­is­fac­tion of a debt that has pre­scribe or of a mor­al ob­lig­a­tion.

3 The pro­vi­sions of fed­er­al debt col­lec­tion and bank­ruptcy law gov­ern­ing the right to the resti­tu­tion of pay­ments made in sat­is­fac­tion of non-ex­ist­ent claims are un­af­fected.