220
ORCO
CH
Art. 404 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte seconda: Dei singoli contratti; Titolo tredicesimo: Del mandato; Capo primo: Del mandato propriamente detto; D. Fine; I. Cause; 1. Revoca, disdetta
Art. 404 CO
Il mandato può essere sempre revocato o disdetto da entrambe le parti.
Chi però revoca o disdice il mandato intempestivamente, deve risarcire l’altra parte del danno che gliene deriva.
Decisioni giudiziarie che applicano questa disposizione (195)
VVGE.1978.80.Nr.26 · ow (Art. 404 OR)
Land Registrar's Right to Immediate Resignation Subject to Public Interest
Mentioned as an example of a provision in contract law that allows for termination for important reasons, contrasting it with the lack of such a provision for civil servants.
ZK 2015 415 · be (Art. 404 OR)
Sibling Dispute Over Estate Management Fees and Rent
Cited in reference to the right to terminate the administrative mandate at any time, justifying the instruction to terminate the existing contractual relationship given to the appellant.
C1 24 132 · vs (art. 404 al. 1 CO)
Care Contract Termination and Provisional Measures Dispute
Cited to establish the right to terminate a mandate contract at any time, which is applicable to the attendance contract.
C1 24 132 · vs (art. 404 al. 2 CO)
Care Contract Termination and Provisional Measures Dispute
Cited in connection with the obligation to compensate for damages if the termination of the mandate contract is inopportune.
Z1 2023 38 · zg (Art. 404 OR)
Creditor Suit Against Director for Failure to Defend Lawsuit
Cited in reasoning regarding the termination of the construction management contract under mandate law.
HG210127 · zh (Art. 404 Abs. 1 OR)
Real Estate Development Payment Dispute and Fee Calculation
Cited in the context of the right to remuneration upon premature termination of a mandate agreement (Art. 377 OR is the more specific one used implicitly).
VB.2023.00379 · zh (Art. 404 OR)
Student's Mask Exemption and Testing Refusal Leading to Contract Termination
The court determined that this article was not applicable because the relevant municipal law contained an explicit regulation concerning the termination of the care relationship.
Z1 2023 1 · zg (Art. 404 Abs. 1 OR)
Architectural Fees and Lost Profit Dispute on Contract Termination and Defect Notification
Cited regarding the right of each party to terminate the contract at any time.
Z1 2023 1 · zg (Art. 404 Abs. 2 OR)
Architectural Fees and Lost Profit Dispute on Contract Termination and Defect Notification
Cited regarding compensation for damages incurred due to termination at an inopportune time.
PP230028 · zh (Art. 404 Abs. 1 OR)
Driving Instructor Training Contract Termination Timing and Penalty Fee Liability
Cited in the reasoning section leading up to the dispositive, this provision concerning the right to terminate a contract at any time was the basis for analyzing the termination of the service agreement.
101----------- · vd (Art. 404 al. 1 CO)
Debtor's Appeal of Provisional Lift on Payment Order Regarding Security Contract Dispute
Cited as the rule potentially applicable for terminating the contract if it were deemed a mandate, which the court analyzed but ultimately rejected for the final decision on the main issue.
HG200155 · zh (Art. 404 Abs. 1 OR)
Contract Termination and Payment Dispute over Technical Platform Development
Mentioned as a mandatory legal provision concerning the immediate termination of a simple mandate.
HG200155 · zh (Art. 404 Abs. 2 OR)
Contract Termination and Payment Dispute over Technical Platform Development
Mentioned by the plaintiff regarding claiming damages instead of performance for termination deemed untimely.
A/836/2022 · ge (Art. 404 al. 1 CO)
Unemployment Benefits Denial Due to Insufficient Insurable Employment
Cited in the reasoning regarding the termination of a mandate contract (mandat d’apporteur d’affaires).
P/4040/2016 · ge (art. 404 CO)
Appellant's Request for Release from Pre-Trial Detention Denied Despite Proposed Security Measures
Cited in the reasoning section regarding the potential for unilateral modification/termination of the proposed private surveillance contract, which was one of the bases for rejecting the release request.