220
ORCO
CH
CH
Art. 17 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte prima: Disposizioni generali; Titolo primo: Delle cause delle obbligazioni; Capo primo: Delle obbligazioni derivanti da contratto; C. Causa dell’obbligazione
Art. 17 CO
Il riconoscimento di un debito è valido quantunque non sia espressa la causa dell’obbligazione.
Decisioni giudiziarie che applicano questa disposizione (75)
BGE 150 II 390 (Art. 17 Abs. 3 CO2-Verordnung)
CO2 sanction against large importer upheld: vehicles attributed by type approval holder code from CO2 exchange transfers.
Ground for the verdict; applied to establish the requirements for placing vehicles into circulation by the large importer.
4A_326/2025 (Art. 17 CO)
Declaratory action on assignment of loan claims — inadmissibility due to availability of performance action
Used to assess the validity of a debt recognition in the context of the contested assignment.
A-5305/2023 (Art. 17 Abs. 2 CO2-Verordnung 2018)
Vehicle Emissions Penalty Reclassification Abuse
Determines when a vehicle is considered to have been put into circulation for the first time, which is relevant for the CO2 calculation.
A-5342/2023 (Art. 17 Abs. 2 CO2-Verordnung 2018)
Vehicle Importer's CO2 Sanction Upheld Due to Abuse of Registration Rights
Cited to define when a vehicle is considered first put into circulation, relevant for the CO2 sanction calculation.
HOR.2024.20 · ag (Art. 17 OR)
Cash Collection Discrepancies: Company Ordered to Pay Over 1.9 Million CHF
Used to qualify the annual year-end treasury balances acknowledged by the defendant as debt acknowledgments.
HOR.2024.37 · ag (Art. 17 OR)
Plaintiff v. Defendant - Balance Confirmation Dispute
Used to establish that the acknowledged year-end treasury balances constituted acknowledgments of debt.
Z1 2023 44 · zg (Art. 17 OR)
Subcontractor Payment Dispute and Pay-When-Paid Clause Interpretation
Cited in reasoning regarding the qualification of an acknowledgement of debt (Schuldanerkennung) related to the material invoice.
HG230002 · zh (Art. 17 OR)
Bank's Right to Reverse Erroneous Credit Upheld
Used in the context of novation, where a balance becomes a written acknowledgment of debt without specifying the ground for obligation.
LB230048 · zh (Art. 17 OR)
Debt Validity Upheld Despite Usury and Duress Claims
Cited in relation to the concept of a causal acknowledgment of debt.
101 2023 437 · fr (Art. 17 CO)
Debt Acknowledgment Validity and Burden of Proof in Debt Release Action
Mentioned in the object of the dispute but not used in the final orders.
HOR.2023.14 · ag (Art. 17 OR)
Real Estate Penalty Clause Invalid Without Notarization
This provision was used to analyze the legal nature and consequences of a debt acknowledgment.
CC 2023 33 · ju (Art. 17 CO)
Acknowledgment of Debt Validity Despite Formal Defects
Cited to establish that a debt acknowledgment is valid even if it does not state the cause of the obligation.
HG190128 · zh (Art. 17 OR)
Contractor Fails to Prove Extra Work Claims Without Written Approval
Applied to recognize a partial claim for work performed after the final invoice due to signed cost reports (Regie-Rapporte) being considered as acknowledgments of debt.
HG210128 · zh (Art. 17 OR)
Engineering Firm v. General Contractor: Unpaid Fees and Procedural Default
Cited in the reasoning regarding the legal nature of a declaration of debt acknowledgment, but not cited in the dispositive.
C/6707/2021 · ge (art. 17 CO)
Provisional Lifting of Opposition to Debt Collection Order Based on Investment Compensation Letter
Cited in the context of defining the material aspect of a debt acknowledgment, although its primary application is procedural regarding the burden of proof.