Art. 62 Bundesgesetz vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (OR)

BGE 151 III 95 (Art. 62 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 unjust enrichment claim, which was the only remaining remedy and supported the lower court's order against the defendants.

10/2015/2 · sh (Art. 62 OR)

Director's Self-Dealing Voids Property Sale and Lease Agreement

Basis for the successful claim against the appellant for repayment of unjust enrichment arising from the void lease agreement.

A/2777/2016 · ge (art. 62 CO)

State Personnel Office v. Former Employee: Repayment of Undue Salary Payments

Basis for holding the appellant liable to reimburse salaries received without a legal cause, as part of the general principle of unjust enrichment applied in public law.

A/1185/2015 · ge (art. 62 et ss CO)

Teacher Repayment of Work Incapacity Indemnities Upheld

The demand for restitution of unduly paid treatment was based on the provisions concerning unjust enrichment.

A/3066/2014 · ge (art. 62 CO)

Public Employee Dismissal and Salary Reimbursement Dispute

Used as the general principle for unjust enrichment, forming the basis for the obligation to repay, which was subsequently overturned.

MG130015.L.U · zh (Art. 62 Abs. 1 OR)

Lessee's Unauthorized Use of Parking Constitutes Unjust Enrichment

This article establishes the obligation to restitute unjust enrichment, which forms the basis for the court's finding.

CDP.2024.90 · ne (Art. 62 CO)

Administrative Service v. Former Provisional Employee (Restitution of Unjustified Salary)

Cited as the specific article defining undue enrichment, justifying the order to restitute the unduly received payment.

CDP.2024.90 · ne (Art. 62 ss CO)

Administrative Service v. Former Provisional Employee (Restitution of Unjustified Salary)

Cited as the rules applied *mutatis mutandis* for the claim of undue enrichment when specific administrative law provisions are lacking.

ZK1 2024 26 · sz (Art. 62 Abs. 1 OR)

Real Estate Occupancy Dispute: Formality of Gratuitous Use Agreement

The court dismissed the claim because there was no unjustified enrichment (Art. 62 Abs. 1 OR) due to the existence of the loan agreement.

BV.2025.00023 · zh (Art. 62 OR)

Pension Fund v. Heir (Unjust Enrichment Recovery)

This article on unjustified enrichment serves as the substantive basis for ordering the defendant to repay the unjustified payments.

A/2733/2024 · ge (art. 62 de la loi fédérale du 30 mars 1911, complétant le Code civil suisse (CO - RS 220))

Heirs v. Pension Fund Regarding Voided Early Withdrawal Repayment After Retroactive Disability Recognition

The basis for the request for restitution due to unjust enrichment (6.2).

HOR.2024.53 · ag (Art. 62 Abs. 2 OR)

Unjust Enrichment Claim for Void Real Estate Reservation Agreement

Used to justify the claim for reimbursement of the down payment based on unjust enrichment.

KV.Z.2023.1 · sg (Art. 62 ff. OR)

Claimant v. Health Insurer on Sickness Benefits and Business Activity

Cited as the general legal basis for restitution due to unjust enrichment, which underlies the decision to dismiss the counterclaim (Order 2).

C/10439/2020 · ge (Art. 62 al. 1 CO)

Employee Dismissal Justified by Undisclosed Conviction; Liability of Successor Employer Overturned

Cited when discussing the claim by A/B SA for the repayment of the wrongly paid bonus.

C/25783/2022 · ge (art. 62 CO)

Lessee Reimbursement for Rent Payments After Settlement: Procedural Deficiency in Proof

The provision was mentioned in the lower court's reasoning (which was analyzed during the appeal), but the appellate court's final order dismisses the claim based on procedural flaws, not the substantive basis (Art. 62 CO) cited by the lower court. Therefore, it is excluded based on the rule that only provisions used in the final orders are included.