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Art. 412 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte seconda: Dei singoli contratti; Titolo tredicesimo: Del mandato; Capo terzo: Del contratto di mediazione; A. Definizione e forma
Art. 412 CO
Col contratto di mediazione il mediatore riceve il mandato di indicare l’occasione per conchiudere un contratto o di interporsi per la conclusione d’un contratto verso pagamento di una mercede.
Le disposizioni del mandato propriamente detto sono in genere applicabili al contratto di mediazione.
Decisioni giudiziarie che applicano questa disposizione (116)
B.2025.14 · sg (Art. 412 f. OR)
Appeal Dismissed Regarding Real Estate Gains Tax on Commission and Value-Increasing Expenditures
These provisions concerning agency contracts were cited extensively in the reasoning regarding the deductibility of the commission fee.
C/22597/2020 · ge (art. 412 al. 1 CO)
Appellants vs. Real Estate Company Regarding Land Purchase Payments and Employee Misconduct
Cited as the legal definition of a brokerage contract, analyzed in relation to the established facts.
ZKBER.2024.48 · so (Art. 412 Abs. 1 OR)
Seller Obligation to Pay Broker's Fee Affirmed on New Oral Agreement
This article defines the broker's mandate, which is relevant to confirming the existence of the contract forming the basis of the claim.
C/8728/2022 · ge (art. 412 al. 1 CO)
Brokerage Commission Dispute and Lack of Jurisdictional Proof
Cited to define the contract of brokerage (courtage).
B.2024.105 · sg (Art. 412 f. OR)
Real Estate Gains Tax Deduction Disallowed for Commission Paid to Related Party LLC
Cited in relation to the prerequisites for recognizing broker commissions, although the main denial was based on StG.
HG230158 · zh (Art. 412 Abs. 1 OR)
Brokerage Commission Payment Dispute
Cited in the reasoning as the definition of a brokerage agreement, establishing the underlying obligation.
SB.2023.00046 · zh (Art. 412 OR)
Taxability of Commission Payments Assigned to Third Party
Cited as a legal norm concerning the basis for claiming brokerage fees, which was central to the dispute.
CC 2023 30 · ju (Art. 412 CO)
Seller Ordered to Pay CHF 100,000 Brokerage Commission Based on Tacit Agreement
Cited as the legal basis for brokerage contracts and used to determine if the parties had a brokerage agreement.
2023.05.12.stger.1 · bl (Art. 412 OR)
Real Estate Consortium Brokerage Commission Deductibility
Defines brokerage contracts and serves as the legal basis for the existence of brokerage fees.
510.22.85 · bl (Art. 412 des Bundesgesetzes vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (Fünfter Teil: Obligationenrecht [OR]))
Deductibility of Brokerage Commission in Real Estate Gains Tax
This provision establishes the legal basis for brokerage agreements and is implicitly referenced when discussing the validity and nature of brokerage commissions as deductible expenses.
12.2023.5 · ti (art. 412 segg. CO)
Real Estate Agent Commission Dispute Under Rent-to-Buy Agreement
Cited in the reasoning as the legal basis examined by the lower court for recognizing a commission for brokerage.
ZK1 2022 12 · sz (Art. 412 Abs. 1 OR)
Real Estate Agent Commission Dispute After Mandate Termination
Referenced in reasoning (E. 3c) but not cited in the dispositive.
222----------- · vd (Art. 412 CO)
Real Estate Brokerage v. Property Owner (Commission Dispute After Mandate Termination)
This provision defining brokerage contracts was used in the legal reasoning to analyze the merits of the claim.
A/2163/2020 · ge (art. 412 al. 2 CO)
Company v. Compensation Fund: Classification of Business Introducers' Commissions
Cited in correlation with Art. 397 CO to state the broker's duty to execute the mandate according to instructions.
A/2163/2020 · ge (art. 412 al. 2 CO)
Company v. Compensation Fund: Classification of Business Introducers' Commissions
Cited in correlation with Art. 404 CO that the brokerage contract can be terminated at any time.