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Old 28.03.2016, 01:16
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Contract - signed vs printed

Recently, I have applied for health insurance to a relatively small company, the name of which was also mentioned in EF as a student insurance firm, and Zurich Health Department had confirmed me of its validity. I had a couple of bounces of communication, to correct the payment period on the document they have sent me as the contract. I asked them to send me a signed&stamped document both times, which they always replied as 'we never sign it, the document is sufficient'. I am not sure why they are so reluctant to send a signed document.

While both parties' intent is clear from the printed document they have sent, I am not sure that the document which mentions the name of the company holds as a legal and official document. Or, does it, for Switzerland? Before I pay off the annual insurance premium, I want to make sure such a contract would not be a problem, and I am not actually paying money to a Nigerian* prince ;-)

*: not being racist, country-ist, or anti-royalist, just referring to the character from the well-known 419 scam
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Old 28.03.2016, 01:47
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Re: Contract - signed vs printed

They dont need to and the signature would be no more relevant then the printed copy. Even verbal agreements are binding in Switzerland

You will find out soon enough how legal it is when the invoices start turning up if you dont pay them
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Old 29.03.2016, 13:12
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Re: Contract - signed vs printed

Strictly speaking I think OP's right:
Signature is required to be legally binding. Location, date and signature (easily readable name is common).

But there's also a concept called "Treu und Glauben". Personally I wouldn't think twice about the missing signature as they're clearly regulated and you've already verified their legitimacy.

With that said:
You're free to ask the government body you've contacted before, if necessary that should be the quickest way for the insurance to remedy the situation. An alternative route is www.priminfo.ch, official federal website that lists all insurers in your commune, use the contact form for your question.
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Old 01.04.2016, 21:31
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Re: Contract - signed vs printed

Nope, Wallabies is correct: In Switzerland, verbal agreements are technically 100% binding. The problem with that is simply that verbal contracts are much harder to prove in most cases, so written contracts are used to document the agreement. (If you have an audio recording of a verbal contract, then it is legally identical to a written one.)

In other words, it is the intent of agreement itself that forms the binding agreement, regardless of how you choose to express this intent. The paperwork (or audiovisual record) serves merely as proof of the agreement should a dispute arise.
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Old 02.04.2016, 01:10
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Re: Contract - signed vs printed

Wallabies doesn't address the question, which is about the written form only.
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Old 02.04.2016, 02:57
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Re: Contract - signed vs printed

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Wallabies doesn't address the question, which is about the written form only.
Signatures are only needed where the law mandates the proper written form as defined in the Code of Obligations.

If the law does not mandate the written form, the parties can agree that no signatures are needed.

Art. 11, 12, and 13 Swisss Code of Obligations
https://www.admin.ch/opc/en/classifi...index.html#a11
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