DiKE Die Haftung des Vertreters ohne Vollmacht nach Art. 39 OR

If a direct representative, as defined by Articles 32 et seq. of the Swiss Code of Obligations (OR), concludes a (debt) contract in someone else's name without having sufficient authority, the effect of representation is generally excluded. Unless an exception applies (Articles 33 para. 3, 34 para. 3, 37 para. 1, 38 para. 1 OR), the represented party is neither entitled nor obligated by the contract concluded without authority. The representative (falsus procurator) is also not bound by the contract, but is liable to compensate the other party (the 'third party') according to Articles 39 para. 1 and 2 OR. This St. Gallen dissertation specifically addresses the conditions and legal consequences of this liability. Additionally, selected individual issues are discussed (e.g., the question of the statute of limitations for the compensation claim under Article 39 OR).