Inserted by No II of the FA of 10 Dec. 1941, in force since 1 July 1942 (AS 58 279 644; BBl 1939 II 841).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
1 The provisions of the new law apply to all contracts of surety entered into after this Act comes into force.
2 Contracts of surety entered into after this Act comes into force are subject to the provisions of the new law only with regard to matters that arise subsequently and with following restrictions: 1. The new Articles 492 paragraph 3, 496 paragraph 2, 497 paragraphs 3 and 4, 499, 500, 501 paragraph 4, 507 paragraphs 4 and 6, 511 paragraph 1 do not apply. 2. The provisions of the new Articles 493 on form and 494 on the requirement of the spouse's consent apply to contracts of surety under the old law only insofar as they relate to subsequent amendments of the contracts of surety. 3. Article 496 paragraph 1 applies with the requirement that recourse may be had to the surety not only before the principal debtor and before realisation of the property given in pledge, but also before the realisation of other charges, provided the principal debtor is in arrears and has failed to respond to reminders or his inability to pay is obvious. 4. The creditor is granted a period of six months from fal
SR 631.0 Amended by Annex No 2 of the Customs Act of 18 March 2005, in force since 1 May 2007 (AS 2007 1411; BBl 2004 567).
