Art. 139 Bundesgesetz vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (OR)

AbR.1984.85.Nr.13 · ow (Art. 139 OR)

Heir's Timely Extension Request Prevents Forfeiture of Inheritance Rights

The court applied this article by analogy to grant a grace period for submitting the declaration of acceptance of the inheritance.

ZZ.1995.11 · so (Art. 139 OR)

Claim Withdrawal Due to Jurisdictional Defect Triggers One-Year Grace Period for New Filing

This article is the legal basis for triggering the six-month grace period following the withdrawal of the claim for procedural reasons.

RBOG.1994.Nr.32 · tg (Art. 139 OR)

Jurisdictional Transfer Dispute Regarding Passive Case Transfer Refusal

Cited to show that the risk of loss of rights due to an error in jurisdiction is protected against, making the need for passive transfer less urgent.

BGE 100 III 35 (Art. 139 OR)

Collocation claim in bankruptcy: designation of conciliation office by canton and scope of Article 139 OR for missed filing deadlines.

Basis for dismissing the appeal because the provision does not oblige an incompetent court to grant an additional deadline and is unavailable to plaintiffs who missed the applicable deadline.

BGE 89 II 304 (Art. 139 OR)

Construction lien: provisional registration preserved by timely but procedurally defective claim, cured by analogous new deadline under Swiss Code of Obligations Article 139.

Main ground for the verdict: applied by analogy to grant the claimant a new deadline to file a claim after the first claim was dismissed due to a curable procedural error.

BV.2021.00036 · zh (Art. 139 OR)

Pension Fund Denied Recovery of Advance Payments in Disability Benefits Dispute

Applied to determine the statute of limitations for recourse claims introduced on January 1, 2020.

AbR.1982.83.Nr.12 · ow (Art. 139 OR)

Statute of Limitations for Consumer Goods Sales Interrupted by Prior Lawsuit

Applied to determine that a flawed procedural action triggering the 60-day extension period must originate from the creditor pursuing the claim, not a third party.

KK.2009.00016 · zh (Art. 139 OR)

Disability Benefits Claim Barred by Statute of Limitations

Used to explain the conditions for a new 60-day period to assert a claim after a wrongly filed or premature lawsuit.

CC.2003.125 · ne (Art. 139 CO)

Lessee's Debt Clearance Action Against Creditor Over Overdue Rent Subject to Unfulfilled Potestative Condition

Cited in the reasoning in reference to the potential remedy for failure to attempt conciliation.

CC.2009.99 · ne (Art. 139 CO)

Business Owner v. Municipality over Public Works Nuisances and Expropriation Law

Mentioned as a provision related to preserving the effect of lis pendens if the plaintiff pursues the administrative route.

10.2009.8 · ti (Art. 139 CO)

Investors v. Insurer and Agent: Improper Joinder and Jurisdictional Transfer

Mentioned in the reasoning as a procedural question regarding granting a new deadline, which the current court deferred to the new judge (though not explicitly in the dispositive orders, it is relevant context for the transfer, but since the court declines to rule on it, it is excluded based on the strict rule against citing provisions only in reasoning/contextual statements not directly applied in the final orders).

HG.2002.81 · sg (Art. 139 OR)

Indirect Damages Claim Against Corporate Officers for Asset Mismanagement and Fraudulent Conduct

Cited regarding the 60-day grace period after voluntary withdrawal of a claim, during which the statute of limitations is suspended.

36.2007.10 · ti (Art. 139 CO)

Insured Party v. Health Insurer (Supplementary Insurance Debt Recognition)

Cited regarding the renewal of the limitation period following the filing of an action before an incompetent judge.

ZFE 2003 2 · gr (Art. 139 OR)

Claimant v. Former Directors for Stock Corporation Liability Dismissed Due to Limitation Period and Lack of Causation

This provision concerning formally defective procedural measures was mentioned in the reasoning but was not cited in the dispositive orders.

CC.2002.46 · ne (art. 139 CO)

Contractor v. Defendant: Arbitration vs. Statutory Lien Registration Jurisdiction

Mentioned as a potential provision for the arbitral tribunal to rule on during the suspension.