Art. 250 Code of Obligations
Summary proceedings may be brought in the following cases:173 - a.
- General provisions:
- 1.
- deposit of an expired power of attorney with the court (Art. 36 para. 1 CO174),
- 2.
- setting a reasonable deadline to provide security (Art. 83 para. 2 CO),
- 3.
- deposit and sale of an object for the event of an obligee's default (Art. 92 para. 2 and 93 para. 2 CO),
- 4.
- authorisation for performance by a third party (Art. 98 CO),
- 5.
- setting a time limit to perform a contract (Art. 107 para. 1175 CO),
- 6.
- deposit of an value in dispute (Art. 168 para. 1 CO);
- b.
- Specific contracts:
- 1.
- designation of an expert to verify the calculation of the profit share or commissions (Art. 322a para. 2 and 322c para. 2 CO),
- 2.
- setting a deadline to provide security in the event that a salary is at risk (Art. 337a CO),
- 3.
- setting a time limit in the case of non-contractual performance of work (Art. 366 para. 2 CO),
- 4.
- appointment of an expert to inspect the work (Art. 367 CO),
- 5.
- setting a time limit for the publication of a new edition of a literary or artistic work (Art. 383 para. 3 CO),
- 6.
- return of an object held by an official receiver (Art. 480 CO),
- 7.
- assessing the extent of cover by pledge in the case of joint and several surety (Art. 496 para. 2 CO),
- 8.
- abandonment of debt enforcement proceedings against the guarantor furnishing real security (Art. 501 para. 2 CO),
- 9.
- provision of security by the principal debtor and release from liability (Art. 506 CO);
- c.
- Company law and the commercial register:176
- 1.
- provisional withdrawal of the authority to represent (Art 565 para. 2, 603 and 767 para. 1 CO),
- 2.
- appointment of a joint representative (Art. 690 para. 1, 764 para. 2, 792 sec. 1 and 847 para. 4 CO),
- 3.
- appointment, dismissal and replacement of liquidators (Art. 583 para. 2, 619, 740, 741, 770, 826 para. 2 and 913 CO),
- 4.
- sale at an overall sale price and modalities of sale of immovable property (Art. 585 para. 3 and 619 CO),
- 5.
- appointment of an expert to verify the profit and loss account and the balance sheet of the limited partnership (Art. 600 para. 3 CO),
- 6.177
- measures in the event of defects in the organisation of the company or co-operative (Art. 731b, 819 and 908 OR),
- 7.178
- ordering the disclosure of information to creditors, shareholders and members of a limited liability company and to members of a cooperative (Art. 697b, 802 para. 4, 857 para. 3 and 958e CO),
- 8.179
- a special investigation (Art. 697c–697hbis CO),
- 9.180
- convening a general meeting, putting an item on the agenda, tabling motions with short explanations in the invitation to the general meeting (Art. 699 para. 5, 699b para. 4, 805 para. 5 nos 2 and 3 and 881 para. 3 CO),
- 10.181 designation of a representative of the company or the cooperative in the event of a resolution of the general meeting being challenged by the management (Art. 706a para. 2, 808c and 891 para. 1 CO),
- 11.182
- …
- 12.
- deposit of amounts of claims in case of liquidation (Art. 744, 770, 826 para. 2 and 913 CO),
- 13.183
- removal of the directors and auditors of a cooperative (Art. 890 para. 2 CO),
- 14.184 reinstatement of a deleted legal entity in the commercial register (Art. 935 CO),
- 15.185
- ordering the dissolution of the company and its liquidation in accordance with the provisions on bankruptcy (Art. 731b, 819 und 908 CO),
- 16.186
- deletion of a legal entity (Art. 934 para. 3 CO);
- d.
- Securities law:
- 1.
- cancellation of securities (Art. 981 CO),
- 2.
- prohibition of paying a bill of exchange and deposit of the amount payable under the bill (Art. 1072 CO),
- 3.
- lapse of the authority conferred by the creditors meeting on the representative of the community of creditors (Art. 1162 para. 4 CO),
- 4.
- convening a creditors meeting on the application by the bond creditors (Art. 1165 para. 3 and 4 CO).
173 Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). 174 SR 220 175 Corrected by the Federal Assembly Drafting Committee (Art. 58 para. 1 ParlA – SR 171.10). 176 Amended by Annex No 2 of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617). 177 Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). 178 Amended by Annex No 3 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399). 179 Amended by Annex No 3 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399). 180 Amended by Annex No 3 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399). 181 Amended by Annex No 3 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399). 182 Repealed by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), with effect from 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). 183 Amended by No II of the FA of 25 Sept. 2015 (Professional Representation in Enforcement Proceedings), in force since 1 Jan. 2018 (AS 2016 3643; BBl 2014 8669). 184 Inserted by Annex No 2 of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617). 185 Inserted by Annex No 3 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109, 110; BBl 2017 399). 186 Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; 2024 235; BBl 2020 2697).
|