Der Grundstückkauf, Art. 216-221 OR

The legal text on the purchase of real estate (Art. 216-221 CO) has been in force since 1911 - apart from the rules on pre-emption rights introduced in 1991 - and has been the subject of extensive case law. The commentary deals with the legal principles as well as their treatment in doctrine and practice. It follows the structure of the law and contains a comprehensive description of Swiss property purchase law. Reference is made to the history of the development of the individual standards as well as to the ongoing revision proceedings on liability for construction defects.
Furthermore, parallels and divergences to German real estate purchase law are shown by way of legal comparison and open questions are answered on the basis of recognised principles of interpretation. The explanations are a working tool for practitioners and at the same time a dogmatic instrument for a well-founded discussion of the fundamental issues of property purchase. The provisions of Art. 216-221 CO were last revised in the Berner Kommentar over 25 years ago.