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

Art. 214

IV. Buy­er in de­fault

1. Seller’s right of with­draw­al

 

1 Where the prop­erty is to be de­livered against ad­vance pay­ment of the price in full or in in­stal­ments and the buy­er is in de­fault on such pay­ment, the seller is en­titled to with­draw from the con­tract without fur­ther form­al­ity.

2 However, if he in­tends to ex­er­cise this right he must no­ti­fy the buy­er im­me­di­ately.

3 Where the pur­chased ob­ject has passed in­to the buy­er’s pos­ses­sion pri­or to pay­ment, the seller may with­draw from the con­tract on the grounds that the buy­er is in de­fault and de­mand the re­turn of the ob­ject only if he has ex­pressly re­served the right to do so.