220
ORCO
CH
CH
Art. 118 Bundesgesetz vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (OR)
OR; Erste Abteilung: Allgemeine Bestimmungen; Dritter Titel: Das Erlöschen der Obligationen; D. Vereinigung
Art. 118 OR
Wenn die Eigenschaften des Gläubigers und des Schuldners in einer Person zusammentreffen, so gilt die Forderung als durch Vereinigung erloschen.
Wird die Vereinigung rückgängig, so lebt die Forderung wieder auf.
Vorbehalten bleiben die besondern Vorschriften über das Grundpfandrecht und die Wertpapiere.
Gerichtsentscheide zu dieser Bestimmung (15)
BZ 2024 42 · zg (Art. 118 Abs. 1 OR)
Creditor's Appeal on Provisional Debt Enforcement Dismissal Due to Extinguishment by Merger
The court considered that the underlying loan was extinguished by merger due to the application of this provision.
ZK1 2023 26 · sz (Art. 118 OR)
Lease Termination Void Due to Conflict with Right of First Refusal
Cited in the reasoning to explain that if the purchase had occurred, the lease would have extinguished by merger, supporting the impossibility argument.
HC.2022.187 · vd (Art. 118 al. 1 CO)
Inheritance Dispute and Usufructuary Debt Extinction
This article was used by the lower court (and mentioned in the reasoning of the appeal court) to justify the extinction of a debt by confusion, a key element in rejecting the appellant's primary claim regarding asset management.
12.2019.126 · ti (art. 118 cpv. 3 CO)
Agricultural Lease Termination and Partnership Dissolution Dispute
Cited in the reasoning, relevant to the costs implications when legal aid is granted/denied (though Art. 118 CPC is the procedural parallel, CO provision cited in discussion of costs/aid).
HC.2019.1087 · vd (art. 118 al. 1 CO)
Estate Distribution and Usufruct Mismanagement Claim Appeal
Cited by the lower court in its reasoning concerning the extinction of a debt by confusion, although the final orders only confirm the judgment which implicitly relied on this reasoning.
ML.2013.65 · vd (Art. 118 al. 2 CO)
Debtor Appeals Provisional Lifting of Opposition to Payment Order for Loan Debt
This article concerning the extinction of obligations by confusion was cited in the reasoning against the appellant's claim, but not in the dispositive orders.
ML.2012.53 · vd (Art. 118 CO)
Lifting of Opposition to Payment Order Over Loan Debt Transferred to Partnership Liquidation
Cited in the reasoning that leads to the conclusion regarding the partial extinction of the debt due to confusion of roles.
PS.2010.0034 · vd (Art. 118 CO)
Social Assistance Cost Appeal Regarding Inherited Debt and Fortune Threshold
The reasoning explicitly refers to this article regarding the extinction of an obligation by confusion, which was the basis for determining the applicant's actual realizable assets.
AC.2010.0027 · vd (art. 118 CO)
Appeal Against Building Permit for Fire Station Conversion Due to Parking Shortfall
Used by analogy to justify the exemption from the annual tax due to the confusion of creditor and debtor roles.
C/3679/2008 · ge (Art. 118 CO)
Tenant Lease Transfer vs. Landlord Substitution Right
Mentioned in reasoning concerning the hypothetical extinction of obligations by confusion, but not used in the operative part as a basis for the final decision.
BZ.2008.41 · sg (Art. 118 OR)
Loan Agreement Validity Based on Apparent Authority
The appellant's claim lapsed through the merger of the claim when the assignment of the claim from D-Holding-AG to K occurred.
BZ.2008.41 · sg (Art. 118 OR)
Simulated Equity Loan Repayment via Inflated Property Purchase
The court considers that the claim was extinguished by merger following the assignment of the claim to K, which is governed by this article.
CC.1999.978 · ne (Art. 118 CO)
Unpaid Rent After Delayed Property Sale
This provision regarding extinction of obligations by confusion was cited to explain the legal concept applied to the rent debt.
12.2019.126 · ti (art. 118 cpv. 3 CO)
Farm Transfer Agreement Dispute and Agricultural Lease Validity
Mentioned in paragraph 29 in connection with the rejection of the cross-appeal for legal aid, specifically noting that legal aid does not exempt from paying counter-reimbursement of costs.
PKG 1996 11 · gr (Art. 118 OR)
Agricultural Lease Act Applicability and Tacit Termination via Auction Sale
The court discussed and rejected the application of this provision (extinction of rights through confusion) to the facts of the case.