Glossary / Law of Obligations

Form requirement

Swiss private law generally respects freedom of form, so contracts are valid without a special form unless the law or the parties require one. A form requirement may serve evidentiary, warning, publicity or protective functions. Depending on its source and purpose, non-compliance may lead to invalidity, unenforceability or evidentiary disadvantages. The parties may also agree on a contractual form reservation. Key forms include simple written form, qualified written form and authentic deed, each with different signature and certification requirements.

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