221.211.22 order on the procedure of warranty in the livestock trade of November 14, 1911 (Status January 1, 2011) the Swiss federal Council, in execution of art. 202, al. 3, of the code of obligations (CO), stop: I. provisions general art. 1. He has held to guarantee in the trade of livestock (horses, donkeys, mules, breed of cattle, sheep, goats and pigs), as if the seller is is obligated in writing to the buyer or if he has intentionally misled him (art. 198 CO).
Art. 2 seller who guaranteed in writing that the animal is wearing is responsible for to the buyer only if, after the emergence of signs some of non-gestation, or once the indicated term elapsed without low setting, the default is reported without delay and the competent authority immediately required to examine the animal by experts.
The seller who guaranteed in writing setting down within a specified time is responsible for the delay to the buyer if he was informed immediately after the share.
Art. 3. when in cases not referred to in art. 2 written guarantee States no deadline, the seller is liable to the buyer if the defect has been discovered and reported to the seller within nine days from the date of delivery or the notice to take delivery (art. 91 and s. CO), and if, within the same period, the competent authority was required to examine the animal by experts (art. 202 al. 1 CO).
When written guarantee States a deadline, the seller is liable to the buyer if, immediately after the discovery of the defect and before the expiration of the warranty period, the seller has been notified of this defect and the competent authority to examine the animal by experts.
Art. 4. in the speculation of the time, the day of which the short period is not counted.
When the last day falls on a Sunday or a holiday according to the law of the canton, the deadline expires the first useful day following.
The delay is considered as observed that if the Act was done before it expires. The writings must reach the competent authority to receive or have handed over to Swiss Post Office address the last day of the period at the latest.
New content according to chapter I of the ACF of Jan. 31. 1969, in force since March 1, 1969 (RO 1969 189).
For the legal time limits for federal law and for deadlines set by authorities in accordance with federal law, Saturday is currently considered to be an officially recognized holiday (art. 1 of the Federal Act of 21 June 1963 on the speculation of delays, including a Saturday - RS 173.110.3).
II. preliminary procedure art. 5. the cantons designate the authority to direct the preliminary procedure.
The competent authority for the preliminary procedure is the district in which the animal is located.
Art. 6. the authority ordered without delay the examination of the animal by one or more experts, when requested by the buyer (art. 2, para. 1, and art. 3).
Art. 7. If several experts have been identified and are unable to agree, the competent authority may, at the request of a party, order a surexpertise.
Art. 8. the experts are taken, as a rule, among veterinarians carry the federal diploma.
The authority designates experts, without requiring the proposals of the parties to this effect.
Art. 9 cannot be called upon to work as experts, those who are in one of the cases provided for by the code of civil procedure of December 19, 2008 (CPC) on disqualification of judges or who have nursed the animal immediately before or after the conclusion of the contract of sale.
The authority invites the parties to formulate, if there is place, their objections against the nominated experts.
RS 272 new content according to no II 3 of the O of 18 June 2010 on adaptation of prescriptions to the code of civil procedure, in force since Jan. 1. 2011 (2010 3053 RO).
Art. 10. examination of the animal shall be held within 48 hours from the moment where experts have been notified of their appointment.
If the authority has designated several experts, these are in common review.
The authority shall inform the parties of the time and place of the expertise.
Art. 11. the experts looking for the offending defect.
If the defect is noticed, they establish the loss of the animal and the amount of the damages that the buyer suffers as a result.
The difference between the market value that the animal would have had if it had met the terms of the contract, and the value of the animal reached the default, is in each case the loss.
Art. 12 experts say in their report, that the slaughter of the animal is needed to establish the facts, the authority determination on this issue after hearing the parties.
When the animal died during operations or when slaughtering must be done urgently, the authority may order the autopsy at the request of one of the parties, even though a first expertise has already taken place.
Art. 13. the experts send without delay to the authority their report written and duly motivated.
The authority shall immediately deliver a copy of the report to the parties.
Art. 14. upon receipt of the report and as far as a new examination of the animal is not necessary, the authority, at the request of one of the parties, directs the sale at auction and gives knowledge concerned. The proceeds of the sale remains recorded in the authority, up to known law.
The parties may avoid the sale at auction by providing bail.
III. procedure in the background art. 15. the CPC is applicable to the action in warranty provided for in arts. 2 and 3.
New content according to no II 3 of the O of 18 June 2010 on adaptation of prescriptions to the code of civil procedure, in force since Jan. 1. 2011 (2010 3053 RO).
RS 272 art. 16. the costs of the preliminary procedure are supported following the decision in the proceedings on the merits.
IV. scope and implementation art. 17. the provisions of this Ordinance relating to the procedure to follow in terms of warranty of defects in the sale of livestock are applicable by analogy to the exchange contract (art. 237 ss CO).
Art. 18. this order comes into force on January 1, 1912.
The provisions therein shall not apply to contracts entered into before January 1, 1912.
RS 2 715 RS 220 State on January 1, 2011