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Art. 413 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; B. Mercede del mediatore; I. Quando è dovuta
Art. 413 CO
La mercede è dovuta tosto che il contratto sia conchiuso a seguito dell’indicazione o della interposizione del mediatore.
Se il contratto è conchiuso sotto una condizione sospensiva, la mercede può pretendersi solo al verificarsi della condizione.
Il mediatore può pretendere il rimborso delle spese anche se il contratto non si conchiuda, in quanto ciò fosse convenuto.
Decisioni giudiziarie che applicano questa disposizione (123)
C/22597/2020 · ge (art. 413 al. 1 CO)
Appellants vs. Real Estate Company Regarding Land Purchase Payments and Employee Misconduct
Cited regarding the right of the broker to remuneration upon conclusion of the contract facilitated by their activity.
ZKBER.2024.48 · so (Art. 413 Abs. 1 OR)
Seller Obligation to Pay Broker's Fee Affirmed on New Oral Agreement
This article establishes the condition for the broker's fee to be due (causal link between brokerage activity and contract conclusion), which the court used to dismiss the appellant's argument regarding causality.
ZKBER.2024.48 · so (Art. 413 Abs. 1 OR)
Seller Obligation to Pay Broker's Fee Affirmed on New Oral Agreement
This article establishes the condition for the broker's fee to be due (conclusion of the contract due to brokerage), forming the main ground for upholding the claim for the commission.
HG220124 · zh (Art. 413 Abs. 1 OR)
Commission Dispute Over Mezzanine Financing Mandate Agreements
This provision forms the legal basis for granting the principal's claim for a broker's fee regarding the CHF 2.1 million credit.
HG230158 · zh (Art. 413 Abs. 1 OR)
Brokerage Commission Payment Dispute
Cited in the reasoning to explain when the broker's fee is due, forming the background for the contract's payment terms.
SB.2023.00046 · zh (Art. 413 Abs. 2 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.
12.2023.112 · ti (Art. 413 cpv. 1 CO)
Real Estate Commission: Presentation Mediation vs. Transactional Mediation
Cited implicitly as the main legal ground for granting the commission/mercede in the appeal decision (point 9.2, 9.3).
ZK1 2022 12 · sz (Art. 413 Abs. 1 OR)
Real Estate Agent Commission Dispute After Mandate Termination
Although the court ultimately found the appeal inadmissible (procedural grounds), the rejection of the substance relies on the requirements for the commission fee to be earned, specifically relating to the causal link required by this article.
ZK1 2022 12 · sz (Art. 413 Abs. 1 OR)
Real Estate Agent Commission Dispute After Mandate Termination
Referenced in reasoning (E. 4c/aa) regarding when the commission is earned, but not explicitly cited in the final orders 1-5.
C1 20 161 · vs (Art. 413 al. 1 CO)
Real Estate Commission Denial Due to Price Discrepancy and Intervening Brokerage
The court confirmed the lower court's refusal to award remuneration based on the criteria set out in this article, specifically regarding the lack of economic equivalence and causal link.
C/9794/2019 · ge (art. 413 al. 1 CO)
Owner's Liability for Architect Fees and Reduced Brokerage Commission Upon Property Sale
The court applied the principle of equivalence concerning the brokerage commission, although it ultimately reduced the commission amount.
A/2163/2020 · ge (art. 413 al. 1 CO)
Company v. Compensation Fund: Classification of Business Introducers' Commissions
Cited regarding the broker's right to remuneration being contingent on the contract being concluded.
A/2163/2020 · ge (art. 413 al. 3 CO)
Company v. Compensation Fund: Classification of Business Introducers' Commissions
Cited regarding the reimbursement of the broker's expenses.
C/1685/2020 · ge (art. 413 al. 1 CO)
Broker Commission Dispute Following Sale After Price Reduction
The court ruled that the causal link required by this article was established, thus opening the right to remuneration.
UE210111 · zh (Art. 413 Abs. 1 OR)
Embezzlement Claim Against Former Board Members Dismissed
This provision defines when a broker's commission is earned, which was relevant to assessing the nature of the payment made.