DiKE Vertragsfreiheit im Schweizer Mietrecht von 1804 bis 2014 unter besonderer Berücksichtigung des

What is the explanation for the contractual barriers in current Swiss tenancy law? How did tenancy law enactments develop from the perspective of contractual freedom after the end of the Helvetic era until the recent Swiss present? This publication explores these questions. The focus is on the genesis and the evolution of the majority of the still valid mandatory contractual barriers that limit the leeway for rent determination. Among other things, it becomes clear that the private autonomy of the contracting parties in the structuring of continuing obligations has been successively restricted. The author examines the regulation of tenancies of both residential and commercial premises. In particular, he examines the numerous, historically grown interrelationships of the analyzed norms of tenancy law. Keywords are 'abusive rents', 'local and neighborhood custom', 'form obligation' or the linking of rents for apartments to a mortgage reference rate. The book further traces in detail how the paradigm of the cost rent established itself as a generally valid basic principle in rental law from the First World War until today. In the process, triggering moments, motives and backgrounds are explained in their historical, economic and institutional contexts. Special topics, such as the norms on usury and official proof of accommodation in the canton of Zurich or the federal law on commercial and industrial rent, which was drafted during the economic boom of the 1950s but never enacted, round off this contribution to legal history.