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ORCO
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Art. 372 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte seconda: Dei singoli contratti; Titolo undecimo: Del contratto di appalto; B. Effetti; II. Obblighi del committente; 1. Scadenza della mercede
Art. 372 CO
Il committente deve pagare la mercede all’atto della consegna dell’opera.
Se fu pattuito che debba farsi la consegna dell’opera in parti e pagarsi in rate la mercede, questa dovrà essere pagata per ciascuna delle singole parti del lavoro all’atto della relativa consegna.
Decisioni giudiziarie che applicano questa disposizione (55)
Z1 2023 44 · zg (Art. 372 OR)
Subcontractor Payment Dispute and Pay-When-Paid Clause Interpretation
Cited repeatedly as the legal basis for determining the due date of work payments based on partial deliveries/acceptances, which formed the main ground for upholding most of the primary claim.
HOR.2022.31 · ag (Art. 372 Abs. 1 OR)
Internet Platform Development Dispute: Partial Refund and Damages Awarded
The court referenced this article to reject the defendant's defense of non-performance by the plaintiff, stating that the work price is due only upon delivery of the work in a work contract.
ZKBER.2023.58 · so (Art. 372 Abs. 1 OR)
Property Owners v. Lien Registration
Cited for context regarding the due date of the remuneration under construction contract law, contrasted with the lien law.
Z1 2023 1 · zg (Art. 372 Abs. 1 OR)
Architectural Fees and Lost Profit Dispute on Contract Termination and Defect Notification
States when remuneration for work becomes due.
HOR.2023.20 · ag (Art. 372 Abs. 1 OR)
Plaintiff v. Defendant - Enforcement of Claim for Concrete Delivery
States that the customer must pay the remuneration upon delivery of the work.
C/15405/2016 · ge (art. 372 CO)
Withdrawal from Apartment Purchase Agreement and Validity of Penalty Clause
Cited generally in the reasoning regarding the appellant's obligation to pay for executed work after renouncing delivery, alongside Art. 97ss CO.
ZKBER.2022.85 · so (Art. 372 Abs. 1 OR)
Contractor Appeal on Balcony Tower Construction Payment and Remedial Costs
This article concerning the due date of the contractor's fee was central to the reasoning about the principal claim (werklohn), which was rejected in the final order.
2023.03.07.zr.3.rm.3 · bl (Art. 372 OR)
Contractor Payment Dispute Over Garden Work Invoice
Although extensively discussed in the reasoning concerning the due date of payment, this article was cited in E. 1.1 as a potential ground for appeal regarding the merits of the case, but the appeal was dismissed on other grounds.
HSU.2022.37 · ag (Art. 372 Abs. 1 OR)
Construction Lien Registration Upheld
Rule for the payment of remuneration for work, generally due after delivery.
HOR.2022.38 · ag (Art. 372 Abs. 1 OR)
Plaintiff v. Defendant: Outstanding Repair Payment
Determines the payment obligation of the client upon delivery of the work, applied to the claim for the remaining amount.
C/23111/2018 · ge (Art. 372 al. 1 CO)
Appellant v. Carpentry Company and Design Firm Regarding Renovation Payment and Defects
Cited in the reasoning regarding the general rule that the price of the work is payable upon delivery, which is relevant to the main ruling on payment.
2022.08.23.zr.2 · bl (Art. 372 Abs. 1 OR)
Unjust Enrichment Claim Dismissed Over Construction Contract Dispute
Determined that parties can deviate from the rule that the full contract price is due only upon completion of the work.
HG190200 · zh (Art. 372 Abs. 1 OR)
Software Implementation Fee and License Dispute
Cited in the reasoning section (Erw. 3.3.1) regarding the payment obligation upon delivery of the work, which forms the basis for the awarded amount in dispositive order 1.
12.2020.110 · ti (Art. 372 CO)
Contractor v. Client: Fixed-Price Construction Dispute and Mechanic's Lien Appeal
Cited regarding when the fee becomes due upon completion of the work in a construction contract.
C/6607/2017 · ge (art. 372 al. 1 CO)
Villa Construction Contract Dispute Appeal
Cited in the reasoning concerning the main obligation of the owner to pay the price of the work.