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| A contract can be terminated any way you like. You can just walk up and tell the other.
The problem is the proof that it's been received. Easiest way to get that proof is a registered letter. No manner of termination can be refused. But disputed. Easiest way to avoid this dispute is a registered letter. | |
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It is actually not quite as simple:
Art. 16 OR allows the Parties to contractually agree on form requirements for contracts. E.g. if the Parties have agreed on the "written form" this actually means a termination notice with a handwritten signature.
It becomes murkier if you add on things to the effect that the "form" includes being sent by "Registered Letter". One can engage in discussions whether this is a "requirement as to validity" (Gültigkeitsvorschrift) oder merely a "requirement as to evidence" (Beweisvorschrift). Ultimately, it is a question what the Parties intended.
As it stands Parties are generally free to agree on which forms they want to apply. The Unfair Competition Act, however, states that is
"unfair to use general terms and conditions that provide for a significant and unjustified imbalance between contractual rights and contractual obligations to the detriment of consumers in a manner that violates the principal of good faith." And that of course is a matter of opinion.
There is one case in which the Ombudsman looked at the issue (note he is not a judge), which goes through the various arguments:
https://cas.ombudscom.ch/kuendigung-...Post%20erfolgt.
I would personally terminate by chat and make and save the photograph of the chat...