Art. 305 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)

RBOG.2006.Nr.8 · tg (Art. 305 OR)

Loan for Use vs. Agricultural Lease Regarding Land Use for Mowing Grass

The final conclusion is that the contract qualified as a commodatum (Gebrauchsleihe) under Art. 305 et seq. OR, as opposed to a lease under Art. 4 LPG.

ZK1 2024 26 · sz (Art. 305 OR)

Real Estate Occupancy Dispute: Formality of Gratuitous Use Agreement

The court confirmed the valid conclusion of a contract of gratuitous loan (Gebrauchsleihe) based on this article, which serves as the substantive ground for dismissing the claim for unjustified enrichment.

C1 17 72 · vs (art. 305 CO)

Claimant v. Municipality on Sculpture Damage Liability

Cited as the basis for defining the elements of a loan for use contract (prêt à usage).

HOR.2023.53 · ag (Art. 305 OR)

Beverage Supply Contract Breach and Loan Liability

Basis for the defendant's obligation to return leased items under a loan for use agreement.

C/1902/2022 · ge (Art. 305 CO)

Appeal Regarding Tenancy Status and Termination Notice

This article, defining the loan for use (prêt à usage), was cited as the applicable legal framework when no rent is paid, supporting the dismissal of the lease claim.

ZB.2023.36 · bs (Art. 305 OR)

Appellate Court Upholds Dismissal of Interim Measure Concerning Basement Access Based on Contractual Distinction Between Lease and Loan-for-Use

Cited in the reasoning to define the gratuitous nature of a loan for use (Gebrauchsleihe) and distinguish it from a lease.

HSU.2023.3 · ag (Art. 305 ff. OR)

Landlord Eviction for Tenant's Failure to Vacate Post-Lease Expiration

Governs the loan for use, applicable to the gratuitous use of the residential property.

MJ220095.L · zh (Art. 305 ff. OR)

Family Law Precedence Over Tenancy in Unmarried Parents' Childcare Agreement

Cited by both lower courts to define a loan for use (Gebrauchsleihe), which was the likely classification if the arrangement was not a lease, thus affecting jurisdiction.

C/6001/2018 · ge (Art. 305 CO)

Commodatum Unlawful Occupation Damages Proof of Loss

Cited in the reasoning to define the loan for use (prêt à usage) contract, which formed the substantive basis of the dispute.

C/27150/2015 · ge (art. 305 CO)

Director Wrongful Dismissal and Expense Repayment Dispute

The respondent was ordered to return the watch based on the rules applicable to the loan for use contract, subsidiarily to the primary ground.

C/13116/2017 · ge (art. 305 CO)

Employee Dismissal Over Sale of Company Vehicle; Cross-Claims for Wages and Vehicle Costs

The court ruled on the nature of the vehicle provision as a loan for use (prêt à usage), which is defined by this article, when determining the justification for termination.

TVR.2019.Nr.4 · tg (Art. 305 OR)

Non-Renewal of Gratuitous Loan Contracts for Flood Protection Works: Public Law Decision

Cited in the header but not explicitly used in the dispositive orders.

16.2016.33 · ti (art. 305 CO)

Agricultural Lease Versus Gratuitous Loan for Use Dispute

Cited to contrast the characteristics of a loan for use (comodato) with an agricultural lease.

MB170012.L · zh (Art. 305 OR)

Simulated Lease Agreement Declared Partnership; Tenancy Court Lacks Jurisdiction for Dissolution

Cited in the reasoning when defining gratuitous use (commodatum/Gebrauchsleihe), which was argued by the appellant but rejected by the court as the true legal qualification.

C/18021/2015 · ge (art. 305 CO)

Bankruptcy Office Indemnity for Unlawful Occupation Over Lease Claim

Cited to define the nature of a loan for use (prêt à usage), which was relevant to the factual background concerning the gratuitous occupation.