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Old 16.12.2015, 13:14
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English contracts as binding as German ones?

I am working with a english-only speaking CEO of a company in Switzerland. Are english contracts betweent two comanies (Gmbh and Einzelfirma) as legally binding as German contracts?

Can I make the CEO sign German contracts (I have German contracts for my other clients and I don't want to translate this just for one client).
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Old 16.12.2015, 13:18
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Re: English contracts as binding as German ones?

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I am working with a english-only speaking CEO of a company in Switzerland. Are english contracts betweent two comanies (Gmbh and Einzelfirma) as legally binding as German contracts?

My Swisscom and Salt contracts are in English.
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Old 16.12.2015, 13:20
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Re: English contracts as binding as German ones?

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I am working with a english-only speaking CEO of a company in Switzerland. Are english contracts betweent two comanies (Gmbh and Einzelfirma) as legally binding as German contracts?

Can I make the CEO sign German contracts (I have German contracts for my other clients and I don't want to translate this just for one client).
Sure that's OK, they may need translating if you ever go to court but that's the only downside
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Old 16.12.2015, 14:14
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Re: English contracts as binding as German ones?

If you have a German version and an English version (or any other language), you just need to make sure which one is the binding version.
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Old 16.12.2015, 14:16
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Re: English contracts as binding as German ones?

you can't make him but you could ask him. If he's a CEO, he probably has legal counsel or representation as a speciality within his firm. Assuming he's a proper CEO of course....
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Old 16.12.2015, 14:22
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Re: English contracts as binding as German ones?

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you can't make him but you could ask him. If he's a CEO, he probably has legal counsel or representation as a speciality within his firm. Assuming he's a proper CEO of course....
True; I would prefer making an English version for him afterall. Can I reuse existing texts from the web or do I need legal counsel?
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Old 16.12.2015, 14:35
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Re: English contracts as binding as German ones?

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True; I would prefer making an English version for him afterall. Can I reuse existing texts from the web or do I need legal counsel?
That surely depends on how complex the contract is...
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Old 16.12.2015, 15:24
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Re: English contracts as binding as German ones?

I was told that it had to be an official language ie not English but many do their contracts in English, so I wonder what the law is?

For my own work the contract is in English and I was told in France it would be not upheld in court because it was not French, so I wonder if the Swiss are more open to contracts in English since so many people do it
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Old 16.12.2015, 15:25
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Re: English contracts as binding as German ones?

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If you have a German version and an English version (or any other language), you just need to make sure which one is the binding version.
I would add the following texts to the contract:

to original German text:

Im Zweifelsfall oder im Streitfall ist jedoch nur die deutsche Fassung verbindlich.


to English translation:

The English version is provided for your convenience only and the German version shall prevail in case of doubt or dispute.




Good luck
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Old 16.12.2015, 20:10
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Re: English contracts as binding as German ones?

This might of interest (with respect to the EU):
http://conflictoflaws.net/2013/ecj-s...-in-contracts/
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Old 16.12.2015, 21:58
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Re: English contracts as binding as German ones?

English contracts are not valid.
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Old 16.12.2015, 22:29
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Re: English contracts as binding as German ones?

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English contracts are not valid.
Not true, plenty of companies in CH work with English contracts including the major banks.
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Old 16.12.2015, 23:13
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Re: English contracts as binding as German ones?

You are of course are correct in what you say.

Those contracts are invalid.
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Old 17.12.2015, 00:11
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Re: English contracts as binding as German ones?

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You are of course are correct in what you say.

Those contracts are invalid.
Funny how all the Banks & many companies are doing fine with English contracts,
Perhaps you don't realise contracts don't even have to be in writing, it's up to the parties to agree on what is required.

Please you could provide a link that supports your view?
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Old 17.12.2015, 00:20
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Re: English contracts as binding as German ones?

Dyor
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Old 17.12.2015, 01:28
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Re: English contracts as binding as German ones?

In my (very few) experiences in court...

Ŵritten contracts ALWAYS trump verbal ones. Contract writer has the right to decide law and language under which contract is upheld.

Add to that, English is not an official language in Switzerland. The English contracts here I have looked at do refer to the german original as being the binding version in a dispute.

I agree with Burner. Would not like to try testing ithe superior legality of English in court.

However... A good legal translator will make a realistic english translation so there should be no issues. Which may be what fatman films alludes to. Language should not be an issue, the legal jurisdiction chosen is.

(With my cynical hat on, Swiss law seems to prefer the letter not the spirit of the law. If the contract is uner Swiss law and you are the customer, it may not go as you hope, regardless of language).

Regards

Ian
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Old 17.12.2015, 08:00
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Re: English contracts as binding as German ones?

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Are english contracts betweent two comanies (Gmbh and Einzelfirma) as legally binding as German contracts?
Yes. There are no language requirements documented in the Swiss civil code.

The contract may be even in any other language the contracting parties agree upon - Russian, Dutch, Portuguese, Albanian etc. The contract language is a matter separate from the applicable law this contract is based on - in this case, the basis would be Swiss law codified in German, French, Italian or Rumantsch, and you would be best advised to make sure that this is in the contract (Location of contract is <Switzerland>; applicable law is Swiss law.)

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Can I make the CEO sign German contracts
Can you force this person? No. Can you try to sweet talk the person in doing that? Yes.
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Old 17.12.2015, 09:10
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Re: English contracts as binding as German ones?

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Dyor
It would be more helpful to actually say if you can or can't substantiate your opinion, and if you have any expertise or experience with Swiss contract law.

The 4 red squares on your profile already suggest your responses aren't seen as credible or helpful by some people. Based on that, and the way you are responding here, I would tend to view your post as unsubstantiated so far, at best.

However, I would would welcome your explanation as to how my employment contracts with Swiss firms, engagement letters, phone, internet and TV contracts, all in English, and T&C's in English on swiss websites are of no legal standing, or how they are weaker for not being in an official Swiss language.
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Old 17.12.2015, 09:16
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Re: English contracts as binding as German ones?

The detail is in the federal "Code of Obligations" here:

https://www.admin.ch/opc/en/classifi...009/index.html

Federal law does NOT mandate any specific language.

The only requirement for language is that financial reporting must be in an official language or English, presumably for tax and audit purposes.
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