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Art. 91 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; E. Mora del creditore; I. Condizioni
Art. 91 CO
Il creditore è in mora quando, senza legittimo motivo, ricusi di ricevere la prestazione debitamente offertagli o di fare gli atti preparatori che gli incombono e senza i quali il debitore non può adempiere l’obbligazione.
Decisioni giudiziarie che applicano questa disposizione (29)
C3 23 47 · vs (Art. 91 OR)
Employee Vacation Pay and Kurzarbeit Wage Difference Appeal
Cited in the reasoning section regarding creditor default, but not in the dispositive orders.
C3 23 48 · vs (Art. 91 OR)
Kurzarbeit Wage Gap Liability During COVID-19 Closures
This article was used by reference in the context of Art. 324 OR to define what constitutes an objective reason excluding creditor's default (employer's default).
C3 23 49 · vs (Art. 91 OR)
Employee Claim for Unpaid Wages and Return of Short-Time Work Compensation
Cited in the reasoning to determine the absence of an objective reason (objective reason being required to exclude creditor default under Art. 324 OR).
C/16321/2020 · ge (art. 91 CO)
Appeal Regarding Classification of Financial Advances as Loans Versus Earnest Money
Used to justify that the debtors were entitled to refuse payment because the creditor was in default of accepting the prestation (restitution of the mortgage deed).
BO.2021.36.37.38 · sg (Art. 91 OR)
Employer Obligation to Pay Wages During Government-Mandated Covid-19 Shutdowns Upheld
Cited in the context of objective reasons for non-performance and creditor default, which Art. 324 OR supersedes.
1B 19 40 · lu (Art. 91 OR)
Contractor's Claim for Sequence Disruption Costs Denied Due to Lack of Timely Notification and Documentation
Cited as the provision defining when the creditor (defendant/owner) falls into default regarding acceptance of performance or preliminary actions.
MG190021.L · zh (Art. 91 OR)
Tenant Surrender and Landlord's Forfeiture of Defect Claims
The court found that the landlord was in default of acceptance (Annahmeverzug) because they wrongfully refused to take back the rented property when the tenant offered to return it properly.
C/21076/2019 · ge (Art. 91 CO)
Lessee Eviction Appeal Based on Rent Notice Invalidity Upheld
The court dismissed the argument that the landlord was in default, a defense against eviction based on arrears regulated by this article.
C3 18 225 · vs (art. 91 CO)
Landlord v. Tenant: Unlawful Occupation Compensation and Key Return Default
Cited regarding the creditor falling into default if the debtor's valid offer of restitution is not accepted.
ML.2019.35 · vd (Art. 91 CO)
Appeal Regarding Lifting of Opposition to Payment Order for Divorce Equalization Payment
Used to exclude the debtor's argument that the creditor's actions (not withdrawing the enforcement or the lien) constituted creditor default, thereby justifying the default interest.
A/28/2018 · ge (Art. 91 CO)
Insurer Not Liable for Benefits During Premium Payment Suspension
Cited in the reasoning section (6.b) regarding the insurer's obligation to accept payment of a subsequent premium.
ML.2018.172 · vd (Art. 91 CO)
Debtor Opposition to Payment Proceedings for Defective Funerary Monument Upheld
This provision concerning the debtor being in default was applied to reject the defense of non-performance regarding the inscription of the verse.
C/18650/2015 · ge (art. 91 CO)
Employee Dismissal, Bonus Entitlement, and Share Redemption Dispute
Cited in the context of the creditor being in default (delay) when refusing legitimate performance, relevant to the interest dispute.
HC.2014.717 · vd (Art. 91 CO)
Appellant v. Respondent: Consignment of Advance Payment under Sale Agreement
The analysis of whether the creditor was in default, which justifies the application of the consignment in lieu of performance (Art. 92 CO), relies on this article.
ZK2 2013 27 · gr (Art. 91 OR)
Appellate Court Overturns Fine Imposed Ex Officio for Failure to Comply with Handover Order
Cited in the reasoning to establish that the debtor had met their obligations by offering performance, thus putting the creditor in default.