A Swiss View on Covid-19 and Force Majeure

How the impact of Covid-19 on a contractual relationship is dealt with under Swiss law depends primarily on the language of the contract. If it contains a specific "force majeure" clause dealing with a pandemic, that clause applies. Of course, such explicit clauses have not been widely agreed prior to the pandemic. In this case the contract has to be construed in order to determine the intent of the parties, and the Swiss Code of Obligations (CO) applies if it is found that the parties have not made a provision dealing with the impact of a pandemic.

Cancellation of contract due to force majeure: example fitness subscription

Due to the closure order in COVID-19 Regulation 2, many of those affected can no longer fulfil their contracts. What is the legal situation in the case of continuing obligations, e.g. a fitness subscription? These questions are explored in the following article.

Coronavirus, contract lawGuest author26 March 2020Wicki Partners AGCoronavirus

Business rent and COVID-19

Many tenants of a business space are currently facing a financial problem: They had to close their business due to COVID-19 Regulation 2 and have not recorded any turnover since then. However, the tenancy agreement still continues. How should this problem be classified legally?

Coronavirus, contract lawGuest author25 March 2020Coronavirus

Coronavirus and COVID-19 from the employer's perspective

Corona and COVID-19 impose several additional obligations on employers. How can workers be protected without productivity suffering? What is the obligation to pay wages? Can home office be ordered?