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

Art. 405

2. Death, in­ca­pa­city, bank­ruptcy

 

1 Un­less oth­er­wise agreed or im­plied by the nature of the busi­ness, the man­date ends on loss of ca­pa­city to act, bank­ruptcy, death or de­clar­a­tion of pre­sumed death of the man­dat­or or the man­datee.254

2 However, where ter­min­a­tion of the man­date jeop­ard­ises the man­dat­or’s in­terests, the man­datee, his heir or his rep­res­ent­at­ive is ob­liged to con­tin­ue con­duct­ing the busi­ness un­til such time as the man­dat­or, his heir or his rep­res­ent­at­ive is able to con­duct it him­self.

254 Amended by An­nex No 10 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).