220
ORCO
CH
CH
Art. 38 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; G. Rappresentanza; II. Senza autorizzazione; 1. Ratifica
Art. 38 CO
Ove il contratto sia stato conchiuso in qualità di rappresentante da chi non vi era autorizzato, il rappresentato diventa creditore o debitore solo quando ratifichi il contratto.
L’altra parte può pretendere che il rappresentato si dichiari sulla ratifica entro un congruo termine, e non è più tenuta al contratto se entro questo termine non segua la ratifica.
Decisioni giudiziarie che applicano questa disposizione (92)
KE 5 2025 · ai (Art. 38 OR)
Insurance Waiver of Statute of Limitations Defense in Time-Barred Tort Claims
The court addressed the possibility of ratification (Genehmigung) of the representative's actions by the represented party.
C/28057/2024 · ge (art. 38 al. 1 CO)
Appeal Regarding Provisional Lifting of Opposition to Payment Order Based on Invoices Lacking Signed Offers
Cited in reasoning regarding the retroactive ratification of acts performed without explicit power of attorney, which influenced the final decision on the merits.
C/7286/2021 · ge (art. 38 CO)
Bank Liability for Unauthorized Asset Manager Transactions Despite Contractual Clauses
Cited regarding ratification of acts done without internal powers.
ZB.2024.23 · bs (Art. 38 Abs. 1 OR)
Tenant Eviction Reversed Due to Revoked Agent Mandates
Cited analogously in the reasoning regarding the retroactive approval of procedural acts by an unauthorized representative.
HG200263 · zh (Art. 38 OR)
Claimant v. Defendant: Mini Future Transaction Dispute and Apparent Authority Ruling
Cited regarding the possibility of ratification, which was found not to have occurred.
C/9506/2021 · ge (art. 38 al. 1 CO)
Apparent Authority of Architect in Fee Negotiation Upheld
Cited in the legal analysis of civil representation concerning ratification of the contract.
B.2023.204 · sg (Art. 38 OR)
Appeal Dismissed for Lack of Procedural Capacity and Invalid Representation
Cited in the reasoning section regarding the validation of an agent's actions by the represented party (posthumous approval).
B.2023.217 · sg (Art. 38 OR)
Dismissal for Lack of Representative Authority and Improper Joinder of Unincorporated Association
Cited in the reasoning section in relation to the retrospective effect of powers of attorney (ratification).
B.2023.217 · sg (Art. 38 OR)
Association Representative's Lack of Standing and Power of Attorney in Administrative Appeal
Cited in the reasoning regarding the possibility of subsequent ratification of the representative's actions, but not in the final orders (1-3).
KK.2021.00037 · zh (Art. 38 Abs. 1 OR)
Insurance Contract Act - Approval Fiction and Statute of Limitations Apply to Policy Exclusion Claims
Requirement of ratification for a contract concluded by an unauthorized representative.
KK.2021.00037 · zh (Art. 38 Abs. 1 OR)
Implied Acceptance of Insurance Coverage Exclusion Upheld
This provision was used to determine that even if the plaintiff's son acted without proper authorization, the insurance contract was deemed approved by the plaintiff due to her knowledge of the policy content and the lack of timely objection.
95----------- · vd (Art. 38 al. 1 CO)
Contract Ratification in Provisional Payment Order Appeal
Cited in the reasoning sections concerning ratification of a contract made without authority, which supported the implicit ratification leading to the rejection of the appeal.
ZSU.2022.275 · ag (Art. 38 OR)
Creditor's Provisional Seizure Upheld Despite Pending Federal Appeal
Cited as the provision allowing for the subsequent approval of actions taken by a representative.
C/13071/2020 · ge (Art. 38 al. 1 CO)
Employment Contract Validity and Subsequent Ratification in Dissolved Collective Company
Cited to explain the principle of ratification for acts performed without proper representation, which was relevant to the validity of the initial dismissal.
C/13362/2019 · ge (art. 38 CO)
Sole Proprietor Liable for Kitchen Furniture Debt Despite Claim of Representation
Cited as a condition under which a representation act binds the represented party (ratification), relevant to the substantive analysis.