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Old 20.12.2019, 13:35
doropfiz doropfiz is offline
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Re: Am I legally obligated to pay this?

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Is there not any loopholes to not paying it?
If they betrieb me and police come, I could say the date of birth is false, Herby incorrect and not legally addressed to me? Thoughts?
I understand what you are asking. But no, it doesn't work like that.

This is because a person is considered as "identifiable" by several factors, not only by their date of birth. For example: family name, first name, more names if any, identity number or passport number, perhaps permit number, social security number (here in Switzerland that is called Old Age and Survivors Insurance (OASI) in English, AHV in German and AVS in French), possibly medical insurance number, possibly name of employer or of school/college/university completed or currently registered. And of course by address, which is very formally registered, at the local authorities.

So, no, you are you, and you can't get out of a contract by the small technicality that your date of birth was written down with an error.

This is because, in Switzerland, there is an overarching legal principle of reasonableness and of what can be taken as a more or less obvious conclusion from all the documentation taken together. If all the parts of the whole matter add up to looking like it is about you, then it is taken as being you.

If it is the case that "anyone" could see that the birthdate has simply been recorded incorrectly, while everything else fits, then it will be regarded as merely an error (and as Curley said, you have a duty to report it) and not as a reason to regard the contract as not having been concluded.

The argument about the birthdate is particularly useless if you yourself signed the form on which that birthdate was recorded. This is so even if someone else filled out the form, because you have a responsibility to yourself and to the other party in the contract to re-read everything, to correct any errors and make sure you understand it all, before you sign.

Your signature does three things:
  • you are confirming the veracity of the content of the form,
  • you are making your application for the insurance cover,
  • you are binding yourself to fulfil your side of the contract (= pay).
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