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Subrogation Contract Template for Switzerland

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Key Requirements PROMPT example:

Subrogation Contract

"I need a Subrogation Contract under Swiss law for an insurance claim where our company will take over medical expense rights of CHF 250,000 from Hospital ABC following a patient's workplace accident in March 2025, with specific provisions for installment payments."

Document background
The Subrogation Contract is essential in Swiss business and legal practice when one party assumes the rights of another party by paying a debt or fulfilling an obligation. This document is commonly used in insurance settlements, corporate refinancing, and debt restructuring scenarios. It must comply with Swiss law, particularly the Swiss Code of Obligations (Articles 164-174) and the Insurance Contract Act (VVG) when applicable. The contract details the original debt, confirms the payment by the subrogee, and establishes the legal framework for the transfer of rights. It's particularly relevant in situations involving insurance claims, corporate debt management, or when a third party has a legitimate interest in assuming the creditor's rights. The document includes all necessary provisions required under Swiss law for a valid subrogation, ensuring enforceability and protection of all parties' interests.
Suggested Sections

1. Parties: Identification of all parties: original creditor, debtor, and the party assuming the debt (subrogee)

2. Background: Context of the original debt and circumstances leading to the subrogation

3. Definitions and Interpretation: Key terms used in the agreement, including 'Original Debt', 'Subrogation Amount', and 'Transfer Date'

4. Original Debt Details: Description of the original debt, including amount, date incurred, and payment terms

5. Subrogation Payment: Terms and conditions of the payment by the subrogee, including amount and payment method

6. Transfer of Rights: Legal provisions for the transfer of creditor rights to the subrogee

7. Representations and Warranties: Statements by the original creditor regarding the validity of the debt and absence of encumbrances

8. Obligations of the Original Creditor: Duties to provide documentation and cooperation in enforcement

9. Notices: Communication requirements and contact details for all parties

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Multiple Creditors: Required when the original debt involves multiple creditors, detailing their respective rights and priorities

2. Security Interests: Needed when the original debt is secured by collateral or guarantees

3. Insurance Provisions: Required when the subrogation involves insurance claims under VVG Article 72

4. Debt Enforcement Procedures: Detailed procedures when specific enforcement mechanisms are agreed upon

5. Third Party Rights: Required when other parties have interests in the debt or related security

6. Currency Provisions: Needed for international subrogation involving multiple currencies

7. Tax Provisions: Required when there are specific tax implications for the subrogation

Suggested Schedules

1. Schedule 1 - Original Debt Documentation: Copies of original loan agreements, promissory notes, or other debt instruments

2. Schedule 2 - Payment Details: Specific payment instructions and bank account details

3. Schedule 3 - Security Documentation: Details of any security interests, guarantees, or collateral

4. Schedule 4 - Power of Attorney: If required for enforcement of rights

5. Appendix A - Calculation of Subrogation Amount: Detailed breakdown of the debt amount, interest, and any other charges

6. Appendix B - Form of Notice to Debtor: Template for notifying the debtor of the subrogation

Authors

Alex Denne

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

Relevant legal definitions



































Clauses






























Relevant Industries

Banking & Financial Services

Insurance

Legal Services

Corporate Services

Risk Management

Asset Management

Debt Collection

Healthcare

Construction

Manufacturing

Real Estate

Relevant Teams

Legal

Risk Management

Finance

Insurance

Compliance

Treasury

Credit Control

Debt Recovery

Corporate Affairs

Claims Processing

Relevant Roles

Legal Counsel

Risk Manager

Claims Manager

Financial Controller

Credit Manager

Insurance Underwriter

Compliance Officer

Corporate Lawyer

Chief Financial Officer

Debt Recovery Specialist

Contract Manager

Treasury Manager

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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