Umowy o świadczenie usług w prawie szwajcarskim

Abstrakt

The article presents the development and current state of the Swiss provisions of servicecontracts included in the Swiss Law of Obligation of 1912. The Act created by the Swiss legislature serves from more than hundred years as a classical pattern and inspiration to various European legislative bodies. Examples of legal solutions and structures of service contracts developed in the Swiss Law of Obligation can be found even in German Civil Code, not to mention the Polish provisions of specific work contract or mandate contract. However, the Swiss Law of Obligation, despite its significance and position among the major European codifications, neither exists in vacuum, nor remains unchanged. The number
of amendments implemented since 1990 were influenced by the legal developments in the European Union. The question is whether the Swiss Law of Obligation remains unique and whether it may still serve as a model codification for the Polish and European legislator. The article not only presents the current structure of the Swiss Code, exposes the leadingtypes of service contracts and its features, with extensive references to the Swiss doctrine and jurisprudence, but also responds briefly the above question.

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