OR Art. 904 -
Einleitung zur Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 904 OR from 2025
Art. 904 Return of payments to members
1 In the event that the cooperative becomes insolvent, the board is obliged to reimburse the cooperative'"s creditors for all payments received in the three years prior to the onset of insolvency in the form of shares in the profit or under any other designation to the extent such payments exceed adequate remuneration for the consideration rendered and should not have been made under a prudent accounting regime.
2 Such reimbursement shall be excluded to the extent that no claim for it exists under the provisions governing unjust enrichment.
3 The court shall decide at its discretion, taking due account of all the circumstances.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
