Essential terms
Essential terms are the minimum points on which parties must agree for a contract of the relevant type to be formed.
Essential terms define the core of a contract. In Swiss law, the required minimum depends on the contract type and the parties’ intention: a sale normally needs the object and price or a method to determine them, while other contracts require different core elements. If essential terms remain open and cannot be filled by interpretation, dispositive law or a clear mechanism, no contract is formed. Non-essential details may be left to later agreement or supplemented by default rules, provided the parties intended to be bound.