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Old 10.08.2011, 13:36
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Swiss contract law?

Hey two general questions about swiss contract law....

1) Does the entire contract (all terms) need to be present in the signed document, or is it okay for there to be a reference in the contract like "blah blah also agrees with all terms found under http://blahblah as part of this contract" ?

2) Is there a requirement that both parties have to understand the contract? For example, with my wife's mobile phone contract, it wasn't explained to us that it would auto-renew, and neither of us saw that anywhere in the contract. Perhaps it was somewhere in a different referenced document, not sure. But the question is - since it wasn't clear to the person who signed the contract, is it enforceable?

thanks
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Old 10.08.2011, 13:58
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Re: Swiss contract law?

Yes, it's ok
Yes, it's enforceable

Never sign a contract you don't fully understand. If you do, at least make sure you have a Rechtschutzinsurance.
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Old 10.08.2011, 14:05
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Re: Swiss contract law?

Thanks for the answer!
Yeah, contract law where i'm from is very very different. Lesson learned, rather cheaply (it's just a mobile phone contract)
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Old 10.08.2011, 14:42
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Re: Swiss contract law?

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Hey two general questions about swiss contract law....

1) Does the entire contract (all terms) need to be present in the signed document, or is it okay for there to be a reference in the contract like "blah blah also agrees with all terms found under http://blahblah as part of this contract" ?

2) Is there a requirement that both parties have to understand the contract? For example, with my wife's mobile phone contract, it wasn't explained to us that it would auto-renew, and neither of us saw that anywhere in the contract. Perhaps it was somewhere in a different referenced document, not sure. But the question is - since it wasn't clear to the person who signed the contract, is it enforceable?

thanks
1. yes it is ok
2. i'm not sure on this point. but for a mobile contract, probably not worth the hassle.
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