Lexipedia

Creditor default

Creditor default occurs when the creditor unjustifiably prevents or refuses proper performance offered by the debtor.

In Swiss obligations law, creditor default (*Annahmeverzug*) concerns the creditor’s failure to cooperate in receiving performance, not a breach by the debtor. It typically arises where the debtor duly offers performance, but the creditor refuses acceptance or omits a necessary act. Consequences may include relief from certain debtor risks, reimbursement of expenses, deposit or sale of goods in appropriate cases, and limits on further liability. The exact effects depend on the obligation and the parties’ agreement.