Art. 41 Bundesgesetz vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (OR)

BGE 151 III 95 (Art. 41 OR)

Copyright infringement of applied art: high bar to prove bad faith for disgorgement under unauthorized agency when cease-and-desist letter does not substantiate the claim.

Basis for the damages claim; the court denied it because the defendants had no fault.

ZK 1995 1065 · be (Art. 41 OR)

Whiplash Causation and Compensation Reduction in Low-Impact Accident Case

Although referenced extensively in the reasoning concerning the definition of damage and causality in liability law, this article is not explicitly cited in the final dispositive section that structures the ruling (which is absent in the provided text, but citing 41 OR relates to the substantive claim being addressed by the court).

RBOG.1997.Nr.6 · tg (Art. 41 ff. OR)

Failure to Aid Victim of Self-Administered Overdose: Causation Bar to Compensation

The basis for the claims (compensation and solace) was examined under these articles, and the court found they were not met due to the victim's contributory fault.

JAAC 61.75 (Art. 41 al. 2 CO)

Confederation v. International Organization (Diplomatic Protection)

Mentioned as a potential basis for liability in tort law, specifically regarding intentional acts contrary to good morals.

RBOG.1996.Nr.7 · tg (Art. 41 Abs. 1 OR)

Scaffolding Fall and Gross Self-Negligence

This provision establishes liability due to fault (Verschuldenshaftung), which was analyzed in relation to the injured party's behavior.

BGE 120 II 331 (Art. 41 OR)

Parent company reliance-based liability for misleading subsidiary advertising toward its customers.

The court rejected a tort liability claim against the parent company because no unlawful conduct within the meaning of this provision was established.

ZZ.1974.3 · so (Art. 41 OR)

Motor Vehicle Collision with Unlit Carriage and Fleeing Operator

The court found that the defendant committed an unlawful act as defined by this article, leading to liability.

ZVE.2025.28 · ag (Art. 41 ff. OR)

Rental Dispute: Husband Not Liable as Landlord

Cited regarding liability for damages due to unlawful acts (tort).

C/6009/2023 · ge (Art. 41 al. 1 CO)

Co-Owners v. Property Administrator: Bank Statements Denial Upheld

This article was the substantive basis for the tort liability claim that the appellants failed to prove (unlawful act, fault, damage, and causality).

P/24521/2022 · ge (art. 41 CO)

Sexual Coercion Acquittal, Child Sex Act Conviction

Used to dismiss the victim's claims for material damages due to lack of proof.

P/19759/2024 · ge (art. 41 CO)

Human Trafficking Conviction Upheld on Appeal

A______ est condamné à payer une réparation du dommage matériel sur la base de cet article.

AC/3152/2022 · ge (art. 41 CO)

Legal Aid for Damage Claim Against Company Director After Bankruptcy

Although not the final ground for granting legal aid, the court explicitly considered that the appellant might be able to base his individual claim for damages against the manager on this provision.

AC/1411/2025 · ge (art. 41 al. 1 CO)

Appeal Regarding Denial of Legal Aid for Bankruptcy Claim Against Bank Following Trading Scam

Cited in the legal framework when analyzing the potential basis for tort liability in the underlying claim.

STBER.2024.89 · so (Art. 41 ff. OR)

State v. Defendant (Robbery, Violence Against Officials, Narcotics Offenses)

Cited as a general procedural basis applied by the court, likely related to cost assessments or private claims.

P/10729/2022 · ge (Art. 41 CO)

Appeals Court Affirms Multiple Convictions for Robbery, Assault, and Extortion

The material damages awarded to Q______ were determined based on this article concerning civil liability.