Rs 221.213.15 Federal Law Of 23 June 1995 On Contracts Of Leases And Their General Force Mandatory Reporting

Original Language Title: RS 221.213.15 Loi fédérale du 23 juin 1995 sur les contrats-cadres de baux à loyer et leur déclaration de force obligatoire générale

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221.213.15 federal law on contracts of leases and their general force mandatory statement of 23 June 1995 (status on April 1, 1996) the Federal Assembly of the Swiss Confederation, see article 34, paragraph 2, of the federal constitution; considering the message of the federal Council on 27 September 1993, stop: Section 1: contracts of lease to rent art. 1 definition to the terms of this Act, the framework contract of leases (framework contract) is an agreement by which donor associations and tenants establish common provisions applicable to the conclusion, the object and the expiry of leases to rent housing and commercial premises.
The framework contract may also contain other provisions dealing with the relationship between landlords and tenants, particularly in establishing joint information and advisory bodies.
A framework agreement can be concluded: a. for the Switzerland; (b) for the territory of one or several cantons; c. to regions that have at least 30,000 homes or 10 000 commercial premises.

Art. 2 form the framework contract shall be concluded in written form in the official languages of the territory where it deploys its effects.

Art. 3 exception to mandatory provisions at the request of all contracting parties, the federal Council may authorize it is derogated from provisions of the right to the lease, when the framework contract: a. concluded with representative organizations representing the interests of donors or tenants; b. offers protection for the least equivalent to that of ordinary law against abusive rents to tenants and other abusive claims against cancellations; c. is otherwise consistent with the mandatory provisions of the federal and cantonal law.

Are deemed representative organizations: a. representing primarily the interests of donors or tenants for ten years at least to content of their statutes; (b) whose members represent at least 5 percent of donors or tenants of the territory concerned or concluded, directly or indirectly, of 10% at least of the leases the territory.

The framework contract may however derogate from the following articles of the code of obligations: a. 266l 266o (termination form); b. 269 and 269d (protection against abusive rents or other abusive claims); c. 270th (validity of the lease for the challenge procedure); d. 271, 273, 1, 4 and 5 paragraphs, and 273a, paragraph 1 (protection against unfair terminations); e. 274 to 274g (authorities and procedure).

Moreover, the framework contract: a. cannot derogate from article 270 of the code of obligations (challenge of the initial rent) if the cantons concerned said compulsory use of the official form referred to in article 269d (art. 270, 2. al, CO); b. may restrict the right of the tenant to request a reduction of the rent (art. 270a) or challenge a rent increase (art. 270b).

The federal Council shall regulate the procedure of the authorization. He hears the cantons concerned.

RS 220 Section 2: Declaration of general binding art. General 4A the unanimous request of the parties, the contract can be declared force mandatory General. General force mandatory reporting can be to term or indeterminate.
The provisions relating to the settlement of disputes by arbitral tribunals may be declared compulsory force General.

Art. 5 effects of the provisions of the framework contract with General binding force are imperative right in their scope of application at the place and the material.
The provisions of leases, contrary to a framework contract with General binding force is zero, unless they are more favourable to the tenant.
The provisions invalid are replaced by those of the framework contract.

Art. 6 conditions the general binding force may be declared under the following conditions: a. the contract meets the requirements set out in article 3; b. representative organizations of donors and tenants who are not party to the framework contract does not expressly objected to General force mandatory reporting under the consultation procedure (article 10) After having been admitted to the negotiations contract; (c) the parties to the framework contract demonstrate that force mandatory reporting is of public interest and serves in particular to promote the peace of housing.

Art. 7 skill when the framework contract applies to several townships, General force mandatory reporting is the responsibility of the federal Council.
When the framework contract applies to a canton or a part of it, the General force mandatory reporting is the jurisdiction of the canton.

Art. 8 request for the power required general statement, contracting parties must apply to the competent authority a joint, written and duly motivated. The provisions to declare force mandatory general are attached to the request in the official languages of the territory concerned.
The request indicates: a. the scope of the place and the material; (b) the date of entry into force and the duration of the declaration of binding force; c. the necessary data on the conditions prescribed in articles 3 and 6.

Art. 9 the query request is published by the competent authority, unless it is manifestly unfounded. The publication in critical languages according to article 8 is made in the official Swiss trade map, in official sheets of the cantons concerned, as well as in the organs of the organizations of donors and tenants. It must also be reported in major newspapers in the territory concerned.
The Authority set a deadline of 60 days so that interested parties can take a position.

Art. 10 consultation any person affected by the proposed General force mandatory declaration can take position in writing within the time limit.
Before declaring the general binding force, the federal Council consults the cantons concerned and organizations of donors and interested tenants who have not joined the agreement. It may also invite other close associations of funders and tenants organisations to take a stand.
Before declaring the general binding force, the competent cantonal authority consults with organizations of donors and interested tenants who have not joined the agreement. It may also invite other close associations of funders and tenants organisations to take a stand.

Art. 11 statement, notification and publication where the competent authority considers that the General force mandatory reporting conditions are met, it determines the scope of the place and the material. It sets the date of entry into force and duration of force mandatory reporting.
The decision on the force mandatory declaration is notified in writing to the contracting parties.
General binding declarations of the federal Council and the provisions of contracts reported strength required are published in full in the Federal Gazette. The release must be reported in the leaves, bodies and newspapers in accordance with article 9.
Cantonal statements of general binding force and declared force mandatory general provisions of a framework contract are, after their approval, published in full in the official journal of the canton concerned. The release must be reported in the organs and newspapers in accordance with article 9.

Art. 12 approval of General force required cantonal statements General force required cantonal statements must be submitted to the approval of the Confederation. The requirements of article 7a of the law on the Organization of the administration apply to the procedure.
The approval is given when the conditions of the General force mandatory declaration and that the procedure was conducted regularly.
The approval decision is notified in writing to the canton and the contracting parties; She is motivated.
If it is subsequently discovered that the General force mandatory reporting conditions are not met or that they are more, the federal Council revokes approval.

SR 172.010 art. 13 charges related to the publication of the request and the decision as well as other costs are borne by the contracting parties, who respond in solidarity.
After the close of the procedure, the competent authority distributes fees between the contracting parties. Decisions on costs entered into force are considered as enforceable judgements of the courts within the meaning of article 80 of the Federal law on debt collection and bankruptcy.

RS 281.1 art. 14 repeal and sunset clause the declaration of strength required General is repealed by the competent authority: a. at the request of all contracting parties; b. Office when the General force mandatory reporting conditions or that are more; c. Office early termination of the framework contract of power required General said.


General force mandatory reporting lapses: a. at the end of the period, when the general binding force had been declared for a set term; (b) at the expiration of the period of validity of the framework contract said force required.

Article 11, paragraphs 2, 3 and 4, shall apply by analogy to repeal and the lapsing of the General force mandatory declaration.

Art. 15 change articles 6 to 14 are applicable by analogy when: a. declared force mandatory general provisions are changed or that the general binding force is conferred on new provisions; b. the overall duration of the binding force is extended or the General force mandatory reporting is partially repealed.

Section 3: Provisions final art. 16 running the federal Council shall issue implementing provisions.

Art. 17 change of the law in force the Federal Judicial Organization Act is modified as follows: art. 99, let. a
...

RS 173.110 text inserted in said law.

Art. 18 referendum and entry into force the present law is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Date of entry into force: 1 March 1996 RO 1996 750 RS 101 FF III 912 ACF of the 31 Jan 1993. 1996 (RO 1996 755) 11 State. July 2006

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