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ORCO
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CH
Art. 116 Federal Act of 30 March 1911 on the Amendment of the Swiss Civil Code (CO)
CO; Division One: General Provisions; Title Three: Extinction of Obligations; C. Novation; I. In general
Art. 116 CO
Where a new debt relationship is contracted, there is no presumption of novation in respect of an old one.
In particular, in the absence of agreement to the contrary, novation does not result from signature of a bill of exchange in respect of an existing debt or from the issue of a new borrower’s note or contract of surety.
Court Decisions Applying This Provision (32)
HG230002 · zh (Art. 116 Abs. 1 OR)
Bank's Right to Reverse Erroneous Credit Upheld
Used in the context of novation, where original claims are extinguished and replaced by a claim based on the balance.
C/268/2020 · ge (art. 116 al. 1 CO)
Share Sale Payment Dispute Involving Third-Party Stipulation and Novation
Cited as the rule that novation is not presumed, which supported the finding that the framework agreement did not extinguish the underlying debt.
ZSU.2024.42 · ag (Art. 116 OR)
Creditor v. Debtor (Statute of Limitations and Enforcement Titles)
The court briefly mentioned this provision in the context of reopening a debt enforcement proceeding.
HOR.2023.14 · ag (Art. 116 Abs. 1 OR)
Real Estate Penalty Clause Invalid Without Notarization
This provision states that the extinguishment of an old debt by establishing a new one is not presumed.
HOR.2023.14 · ag (Art. 116 Abs. 2 OR)
Real Estate Penalty Clause Invalid Without Notarization
This provision clarifies that the issuance of a new debt instrument, unless otherwise agreed, does not create a novation of the existing debt.
C/25813/2020 · ge (Art. 116 al. 1 CO)
Loan Repayment Extinguished by Subsequent Agreement Regarding Property Sale Deposit
This provision concerning novation was discussed in depth as a potential legal ground for extinguishing the debt, although the final decision relied on the interpretation of the facts leading to the confirmation of the lower court's judgment.
C/18430/2020 · ge (art. 116 CO)
Share Purchase Agreement: Condition Precedent vs. Payment Term Interpretation
This provision was used to reject the subsidiary claims because the court found that the substitution of the original loan obligations by the share purchase agreement constituted a novation that was already executed.
49----------- · vd (Art. 116 CO)
Creditor v. Debtor: Provisional Lifting of Opposition to Debt Collection Based on Novated Payment Agreement
Cited in the preamble, though the court found no novation occurred concerning the installment payment agreement.
173----------- · vd (Art. 116 CO)
Appellant v. Respondents: Suspension of Debt Collection Based on Alleged Forgery Overruled by Subsequent Judicial Agreement
Cited in the reasoning section that ultimately justifies the decision regarding the novation effect of the judicial transaction which impacts the assessment under Art. 85a LP.
C/13502/2015 · ge (art. 116 al. 1 CO)
Company v. Respondent: Restitution Claim Following Loan Agreement Caducity
The court referenced the rule that novation is not presumed when analyzing the contractual relations that replaced the initial loans.
C/2134/2020 · ge (Art. 116 al. 2 CO)
Appeal Regarding Provisional Seizure Based on Alleged Debt Acknowledgment Under French and Swiss Law
The court analyzed whether the repayment agreement constituted novation of the recognized debt, a concept governed by this article.
C/16591/2017 · ge (Art. 116 CO)
Travel Service Invoices Provisional Seizure Appeal
Cited in the reasoning regarding the non-existence of novation, but not explicitly in the dispositive orders, thus it is excluded based on the rules.
ARMC.2017.44 · ne (Art. 116 CO)
Lifting Opposition to Payment Order Based on Ratified Divorce Agreement Versus Subsequent Unratified Modification
Cited and examined to dismiss the appellant's argument that novation had occurred regarding the debt.
ZB.2015.52 · bs (Art. 116 OR)
Employee Vacation Pay Calculation and Wrongful Dismissal Appeal
Cited in the reasoning section when discussing the appellant's claim of novation regarding vacation entitlement.
14.2016.283 · ti (art. 116 cpv. 1 CO)
Creditor's Right to Enforcement Based on Original Acknowledgment Despite Unfulfilled Settlement Agreement
Used to justify why the initial debt recognition was considered still valid, as novation is not presumed.