What are the requirements for terminating a contract?
In Switzerland, the conditions for terminating a contract depend on the type of contract and the clauses mentioned in it. Here is some general information on the different possibilities to terminate a contract in Switzerland:
1. Ordinary termination
For many contracts, such as employment contracts, rental contracts, insurance contracts, etc., ordinary termination is possible with a notice period. The period of notice may vary depending on the duration of the contract, its purpose and the contractual provisions. The parties must respect the notice periods provided for by law or by the contract to terminate the contract;
2. Termination for gross misconduct
If one of the parties fails to fulfil its contractual obligations in a significant way, the other party may terminate the contract immediately for gross misconduct without notice. The party claiming gross negligence must prove that the other party has significantly breached its contractual obligations;
3. Termination for force majeure
If the contract is impossible to perform due to unforeseeable circumstances beyond the control of the parties, such as a pandemic, war, natural disaster, etc., the parties may be released from their contractual obligations without compensation;
4. Termination by mutual agreement
The parties may agree to terminate the contract at any time by mutual agreement. The terms of termination by mutual agreement must be clearly defined in a written document signed by the parties.
It is important to note that each contract is different and the conditions for termination may vary depending on the type of contract and the contractual terms. It is therefore advisable to consult a lawyer for legal advice specific to your situation.