Gebrauchsüberlassungsverträge (Miete / Pacht)

The SPR-Band VII/3 "Obligations Law - Special Contractual Relationships" contains essays by Maja Blumer on lease agreements. The majority of the Swiss population is a party to lease agreements (rental and/or lease). These contracts are of great importance not only in everyday life but also as an economic factor. Due to this significance, the legislator is particularly challenged in this area. For the multitude of disputes, there has long been a special procedural order regulated by federal law. Upholding the high standards of the overall work "Swiss Private Law," the author systematically presents rental and lease law with close reference to both theory and practice, thereby laying the foundation for understanding this legal field with its numerous substantive and procedural peculiarities, which are not always easily accessible. In addition to the rental and lease of residential and commercial spaces, the rental of movable property is also taken into account.

Content:
Introduction to the legal field, systematic classification: terms, position in the overall context, intersections with other legal fields, distinctions, private international law, revisions, court and authority organization, procedural peculiarities, etc.

Contract conclusion phase: handover of the rental or lease object, initial rent, etc.

The ongoing rental or lease relationship: contract changes including abuse legislation.

Rights of the contracting parties in case of non-fulfillment or poor fulfillment: particularly rights related to defects, rights of landlords in case of rental or lease payment arrears.

Termination of the contractual relationship: return of the rental object, protection against termination, etc.