Archives des Representation - Swiss Contract Law

When does a property management company validly represent the real estate owner ?

In this decision, the Federal Court had to decide whether a property management company had validly represented a real estate company in ordering renovation work. Among other circumstances, the Federal Court considered the knowledge of the real estate company’s sole shareholder to be relevant in recognizing an apparent internal power

By Tanja Schmidt|2025-09-22T10:31:33+02:0022 September 2025|Categories: Representation|Tags: interpretation of the parties' intent, knowledge attribution, Representation, SCO 18, SCO 32|0 Comments

A party acting as a representative once, may not be a representative twice.

In the absence of a validly conferred power of attorney, the principal shall only be bound if the third party can rely on its own legitimate representation of the situation.

By Nicolas Rouvinez, Aurélien Witzig|2023-10-04T17:22:52+02:002 September 2022|Categories: Agency, Representation|Tags: Agency, Agent, Authority, good faith, Power of attorney, Power of representation, Principal, Representation, sale contract, SCC 3, SCO 32, SCO 33|0 Comments

Contract management: the risks of not reacting to annotations made by the other party at the time of signing of the contract

Company found contractually liable for the act of an employee as a result of a handwritten statement made by the other party on the contract.

By Malak El Addal, Jacques de Werra|2023-10-04T17:27:47+02:005 November 2021|Categories: Agency, Contract management|Tags: Agency, Agent, Authority, Contract management, Contractual diligence, good faith, Granting of powers, Power of attorney, Power of representation, Principal, Representation, Risk management, SCC Art. 3, SCO Art. 32, SCO Art. 33, Third party, Unauthorized agent|0 Comments