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Art. 415 Bundesgesetz vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (OR)
OR; Zweite Abteilung: Die einzelnen Vertragsverhältnisse; Dreizehnter Titel: Der Auftrag; Dritter Abschnitt: Der Mäklervertrag; B. Mäklerlohn; III. Verwirkung
Art. 415 OR
Ist der Mäkler in einer Weise, die dem Vertrage widerspricht, für den andern tätig gewesen, oder hat er sich in einem Falle, wo es wider Treu und Glauben geht, auch von diesem Lohn versprechen lassen, so kann er von seinem Auftraggeber weder Lohn noch Ersatz für Aufwendungen beanspruchen.
Gerichtsentscheide zu dieser Bestimmung (16)
ZKBER.2024.48 · so (Art. 415 OR)
Seller Obligation to Pay Broker's Fee Affirmed on New Oral Agreement
This article, which relates to loss of commission due to breach of good faith, was invoked by the appellant but ultimately rejected by the court in its final orders.
12.2022.147 · ti (Art. 415 CO)
Commission Dispute and Breach of Duty of Fidelity
The court used this article as the main ground to reject the appeal and uphold the obligation to repay the commission due to the mediator's breach of loyalty.
C/27276/2018 · ge (art. 415 CO)
Brokerage Commission Advance Dispute
This article, concerning the loss of salary for the broker acting against obligations, was cited in the reasoning for dismissing the claim concerning the breach of the duty of fidelity, which was a conclusion the appellants sought to have granted.
HC.2015.666 · vd (Art. 415 CO)
Brokerage Commission Forfeiture Due to Conflict of Interest in Share Sale
The court confirmed the lower court's finding that the appellant forfeited his right to commission based on this provision due to acting in the interest of a third party against his duties.
36.SNR.2014 · vd (Art. 415 CO)
Broker Commission Repayment for Breach of Fiduciary Duty
The court found that the defendant broker violated his duty of fidelity by acting in the interest of a third party (L.______), leading to the forfeiture of his right to commission based on the brokerage contract.
TDSIO C1 13 2 · vs (art. 415 CO)
Real Estate Broker Commission Denial Due to Lack of Proximate Cause
Cited in the reasoning section regarding grounds for forfeiture of the commission (bad faith).
ZF 2008 58 · gr (Art. 415 OR)
Architect and Agent Liability for Breach of Post-Contractual Loyalty
Cited in the reasoning concerning the duty of loyalty for a real estate agent, used to find D. liable for breach of contract.
100.06.928 · bl (Art. 415 OR)
Debt Enforcement Dismissed Due to Impermissible Dual Brokerage
This provision prohibits a broker from demanding payment from both parties if it contradicts the brokerage contract or good faith, and the court used it to determine the validity of the double brokerage.
2007.19 · bl (Art. 415 OR)
Dual Brokerage and Forfeiture of Commission
Used to establish that the broker's dual role violated good faith, thus forfeiting their claim to commission.
12.2002.18 · ti (art. 415 CO)
Intermediary Commission Dispute and Duty of Fidelity
The court's decision on the merits (granting the main claim) was based on rejecting the defendant's argument that the mediator forfeited the commission right under this article.
12.1998.205 · ti (art. 415 CO)
Brokerage Commission Dispute in Foreclosure Sale
This article is cited in the reasoning regarding the good faith requirement when accepting tacit performance from the mediator.
12.1994.25 · ti (art. 415 CO)
Agent's Retention of Surplus Sale Price and Breach of Fidelity
Used to establish that the agent forfeits the right to commission due to breach of fiduciary duty, which is the basis for rejecting the defendant's claims for commission/expenses.
12.2002.18 · ti (art. 415 CO)
Brokerage Commission Forfeiture Due to Subsequent Employment
The court implicitly upheld the appeal by rejecting the defendant's argument that the plaintiff lost the right to commission due to a breach of the duty of fidelity.
12.2016.156 · ti (art. 415 CO)
Consultancy v. Car Dealership: Brokerage Fees and Piercing the Corporate Veil
Cited by the appellant concerning the alleged breach of the duty of loyalty (double mediation), which the court addressed in its reasoning but did not form the basis of the final decision to reject the appeal.
12.2022.147 · ti (art. 415 CO)
Actor v. Real Estate Intermediaries (Commission Restitution)
This article establishes the loss of the right to commission for a broker who acts against the mandates' interests, which was the substantive reason for upholding the lower court's decision regarding the restitution of the commission.