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Private Contract for Switzerland

Private Contract Template for Switzerland

A Private Contract under Swiss law is a legally binding agreement between parties, governed by the Swiss Code of Obligations (OR/CO) and related Swiss legislation. This document establishes the terms and conditions of a private agreement between two or more parties, ensuring compliance with Swiss contract law requirements including offer, acceptance, consideration, and capacity to contract. It provides a formal structure for documenting mutual obligations and rights while incorporating essential Swiss legal principles such as good faith (Treu und Glauben) and freedom of contract (Vertragsfreiheit).

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What is a Private Contract?

The Private Contract template is designed for use in Switzerland when parties need to formalize their legal relationship under Swiss private law. This document type is commonly used for various business and personal arrangements, from service agreements to partnership arrangements, and must comply with the Swiss Code of Obligations and related legislation. The Private Contract format ensures that all essential elements required by Swiss law are included, such as clear identification of parties, explicit rights and obligations, and consideration. It's particularly useful when parties need a comprehensive yet flexible agreement that can be adapted to specific needs while maintaining legal validity under Swiss jurisdiction.

What sections should be included in a Private Contract?

1. Parties: Identification and details of the contracting parties, including full legal names, addresses, and any registration numbers

2. Background: Context and purpose of the agreement, including any relevant history or circumstances leading to the contract

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Subject Matter: Clear description of the contract's primary purpose and scope

5. Rights and Obligations: Detailed description of each party's rights and responsibilities under the contract

6. Consideration: Details of payment terms, prices, or other consideration

7. Duration: Term of the agreement, including start date and end date if applicable

8. Termination: Circumstances and procedures for ending the contract

9. Liability: Extent and limitations of parties' liability

10. Force Majeure: Provisions for unforeseeable circumstances preventing contract performance

11. Notices: How formal communications between parties should be made

12. Governing Law: Confirmation of Swiss law as governing law

13. Signatures: Execution block for parties' signatures

What sections are optional to include in a Private Contract?

1. Confidentiality: Required if parties will exchange sensitive information

2. Intellectual Property: Needed if IP rights are involved in the transaction

3. Data Protection: Required if personal data will be processed under the agreement

4. Insurance: Relevant if specific insurance coverage is required

5. Non-Competition: Include if parties agree to restrict competitive activities

6. Assignment: Include if transfer of rights needs to be addressed

7. Dispute Resolution: Optional mediation or arbitration provisions

8. Language: Required if contract is in multiple languages or if governing language needs to be specified

9. Severability: Optional clause addressing partial invalidity of contract provisions

What schedules should be included in a Private Contract?

1. Schedule 1 - Pricing Details: Detailed breakdown of prices, payment terms, or rate cards

2. Schedule 2 - Service Specifications: Detailed description of services or deliverables

3. Schedule 3 - Timeline: Project or delivery milestones and deadlines

4. Schedule 4 - Contact Details: Key contact persons and their details for each party

5. Appendix A - Technical Requirements: Any technical specifications or requirements

6. Appendix B - Forms: Standard forms to be used during contract performance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Professional Services

Real Estate

Technology

Manufacturing

Retail

Construction

Healthcare

Education

Hospitality

Financial Services

Consulting

Agriculture

Creative Industries

Transport and Logistics

Relevant Teams

Legal

Procurement

Operations

Administration

Compliance

Risk Management

Business Development

Executive Leadership

Finance

Project Management

Relevant Roles

Legal Counsel

Contract Manager

Business Owner

CEO

Managing Director

Operations Manager

Project Manager

Procurement Manager

Risk Manager

Compliance Officer

Business Development Manager

Administrator

Company Secretary

General Manager

Department Head

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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