220
ORCO
CH
CH
Art. 68 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte prima: Disposizioni generali; Titolo secondo: Degli effetti delle obbligazioni; Capo primo: Dell’adempimento delle obbligazioni; A. Principi generali; I. Prestazione personale
Art. 68 CO
Il debitore non è tenuto ad adempiere personalmente l’obbligazione, se non quando la considerazione della sua persona influisca sulla prestazione.
Decisioni giudiziarie che applicano questa disposizione (41)
S 2024 113 · zg (Art. 68 OR)
Insured Person v. Health Insurer: Premium Debt, Payment Allocation, and Fee Dispute
Cited in the reasoning regarding the possibility of third-party fulfillment of a monetary debt, which informs the overall decision.
A3 24 13 · vs (Art. 68 OR)
Appeal Against Jointly Imposed Fine on Grounds of Individualized Sanction Principle
Cited in the reasoning (4.2) only for analogy purposes to distinguish between personal fines and transferable obligations, not applied in the final orders.
HOR.2022.16 · ag (Art. 68 ff. OR)
Shareholder Entitled to Unpaid Dividends Despite Unregistered Status
Cited in the context of payment to a third party extinguishing the claim.
HG190030 · zh (Art. 68 OR)
Smith v. Jones Corp. (Novation of Debt and Enforcement)
Cited to explain that a debtor is generally not obliged to perform the service personally, which is relevant for monetary payments.
VB.2022.00083 · zh (Art. 68 Abs. 1 CO)
Mootness of Appeal Due to COVID-19 Hardship Program Contribution
The court ordered the lower instance to pay compensation to the complainant.
ZKBER.2020.83 · so (Art. 68 OR)
Lease Dispute: Security Deposit, Unpaid Rent, and Defective Material Claims Affirmed
Cited in the reasoning leading to the decision to dismiss the appeal regarding the claim for CHF 6,300.00, which concerned payments by a third party.
RBOG.2020.Nr.24 · tg (Art. 68 OR)
Appointed Counsel Fee Dispute After Unauthorized Substitution
Cited in the context of the general rules on substitution in contracts, which the court distinguishes from the rules applicable to official defense counsel.
PS190135 · zh (Art. 68 OR)
Debtor's Appeal Dismissed for Failure to Pay Security Deposit; Representative Personally Sanctioned
Cited in the reasoning regarding the principle that a debt can be fulfilled by a third party.
LB170004 · zh (Art. 68 OR)
Agency v. Bank: Restitution of Unauthorized Funds Withdrawal
Cited extensively in the reasoning concerning the effect of C.'s payment on the bank's debt liability, specifically in the context of payment by a third party.
C/6836/2015 · ge (art. 68 CO)
Domestic Worker Wage and Vacation Indemnity Appeal Involving Agency for Benefit of Others
Cited while discussing the requirement for personal performance of work and its deviation in cascade contracts, relevant to the analysis supporting the final orders.
ML.2017.29 · vd (Art. 68 CO)
Loan Agreement Validity in Debt Collection Proceedings
Used to establish that the debtor is not obliged to execute the payment personally, thus validating the active standing of the creditor even if a third party transferred the funds.
PS140095 · zh (Art. 68 OR)
Creditor Removal from Arrangement Plan Conditional on Third-Party Payment Validity
Mentioned in the reasoning, but not explicitly cited in the final orders (dispositive).
PS130026 · zh (Art. 68 OR)
Creditor's Procedural Costs in Satisfied Bankruptcy Claim
Cited in the context of determining that the payer's identity is irrelevant for the fulfillment of a monetary obligation.
BV.2012.00021 · zh (Art. 68 Abs. 2 CO)
Pension Fund v. Company re: Unpaid Contributions and Interest Calculation
Cited to explain why collection costs cannot be awarded in the current proceedings, as they can be recovered by law.
LB120089 · zh (Art. 68 OR)
Appeal Regarding Liability for Fraudulent Misappropriation of Pension Capital by Managing Director
Cited as the legal basis for classifying the partial 'pension' payments received by the Respondent as partial performance reducing the main claim.