Federal Act on the Amendment of the Swiss Civil Code (OR)

Art. 209OR from 2022

Art. 209

¹ Where the sale involves a batch or set of objects of which only some are defective, action for rescission may be brought only in respect of the defective items.

² However, where the defective items cannot be separated from the unflawed items without substantial prejudice to the buyer or the seller, rescission of the contract of sale must extend to the entire batch or set.

³ Rescission in respect of the main sale object necessarily involves rescission in respect of all accessory objects even if they are priced separately, whereas rescission in respect of accessory objects does not extend to the main object.