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sale of real property

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4 - Contract of Sale
from Part II - Contracts of Disposition
Christoph Müller, Université de Neuchâtel, Switzerland
Book:

Swiss Contract Law in International Commercial Arbitration

Published online:

27 July 2023

Print publication:

10 August 2023, pp 167-272
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Summary

This chapter examines the contract of sale which is governed by Articles 184–236 of the Swiss Code of Obligations. This chapter commences with the sources of this contract, its definition and characteristic elements, as well as the various types of this contract. This chapter then moves on to discuss the formation of the contract of sale before discussing in detail the obligations of the seller, namely the obligation to deliver the object and to transfer ownership to the buyer, and the buyer’s obligation to pay the price. This chapter further explores the non-performance of the buyer’s and seller’s obligations as well as the passing of risk with particular emphasis on the seller’s warranty of title and warranty of conformity. This chapter finally focuses on the sale of real property as well as how international sales contracts are dealt with under Swiss law.