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Espace Legal

Obligations and contract law

A service offered by the lawyers at Espace Legal avocats & solutions

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Contracts

Legal advice and drafting

The Code of obligations governs legal relationships between individuals and legal entities, in particular contractual commitments. Our firm assists you in negotiating, drafting, analysing, and performing your contracts, as well as in handling disputes.

A well-drafted contract is the best safeguard against litigation. We help you structure agreements that are solid, clear, and tailored to your interests, whether they concern sales contracts, lease agreements, mandates, employment contracts, or service agreements.

Drawing on our experience, we ensure strict compliance with the legal framework and anticipate legal risks in order to secure your activities over the long term.

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Contractual Duties and Obligations

Performance and Non-Performance

Are you facing a contracting party who fails to respect the agreement, or who claims that your obligations extend beyond what was agreed ?

We intervene at your side to enforce your rights and obtain proper performance of the contract.

Whether it involves a supplier who fails to deliver on time, a contractor who improperly performs a mandate, or a debtor who leaves your invoices unpaid, we use the appropriate legal instruments to restore contractual balance: formal notice, termination of the contract for non-performance, substitute performance, claims for damages, or protective measures. Each strategy is adapted to your situation and your objectives.

Our approach combines legal rigour with practical efficiency. We favour swift and negotiated solutions whenever possible, while being fully prepared to defend your interests firmly before the courts.

  • Legal advice and drafting
  • Action for performance
  • Action for damages
  • Termination or rescission of contract
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Litigation

Proceedings and Court Representation

Has a dispute arisen with a contracting party despite your efforts to reach common ground? We support you at every stage of the proceedings to assert your rights with rigour and determination.

We represent you before all civil courts in the French-speaking part of Switzerland — including conciliation authorities, justices de paix, and cantonal courts (Vaud, Geneva, Valais, Neuchâtel, Jura, and Fribourg).

With our in-depth knowledge of civil procedure and our meticulous handling of your case, we ensure strategic and controlled management of the entire process. When an amicable resolution is no longer achievable, we will defend your interests with firmness and determination before the competent authorities.

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Our other services

Property law :
ownership and possession

Technology, esport and artificial intelligence

Business law :
enterprises and companies

Labour law

Our publications

  • Droit des obligations et des contrats

    Flying over a nest of trouble 

    27 April 2026
    by Pascal Rytz
    For the Easter holidays, I'd planned to head south in search of the sun, but I decided against it for fear of being stranded due to the disruption to air traffic caused by the situation in the Gulf. Next time I'd like to know what I'm entitled to if my flight is in...
    Read more Flying over a nest of trouble 
  • Droit des obligations et des contrats

    When advertising is no longer public

    20 April 2026
    by Pascal Rytz
    I'm a shopkeeper and my local authority has just adopted a bylaw banning private advertising in the public domain. My posters featuring vegetables and my slogan «unbeatable since 1998» are now part of local folklore, but I've discovered that they're no longer welcome. I'm appalled by this regulation, is it...
    Read more When advertising is no longer public
  • Droit des obligations et des contrats

    Can I enter into a contract with myself?

    9 February 2026
    by Pascal Rytz
    One sunny afternoon, I got caught up in a fascinating discussion, the ins and outs of which I'm not sure I fully understood. It was about whether or not you can enter into a contract with yourself. The subject intrigues me and I'd love to have more details. Eric, Geneva In Swiss law, it is indeed...
    Read more Can I enter into a contract with myself?
  • Droit des obligations et des contrats

    Just a minute, I want to keep this faulty item!

    17 November 2025
    by Pascal Rytz
    I bought a table whose design I really like, but unfortunately it was damaged when it was delivered to my home. After too many discussions, the seller is unable to repair or exchange it and is only offering me a full refund and the return of the goods. I want to keep this piece of furniture...
    Read more Just a minute, I want to keep this faulty item!
  • Droit des obligations et des contrats

    When medication does not mean free consent

    8 October 2025
    by Pascal Rytz
    Bedridden in hospital after an operation and under the effect of morphine, I bought a pretty bracelet on an online auction site that I had absolutely no use for! I don't know what came over me and I don't think my state of health allowed me to conclude this sale. Is there any way...
    Read more When medication does not mean free consent
  • Droit des obligations et des contrats

    Ink or pixels? The power of signatures

    22 September 2025
    by Pascal Rytz
    My father has his old habits. He only signs contracts with his fountain pen, convinced that a real signature should smell of blue ink. My sister, much to his chagrin, has just emailed him a rental contract that she signed... with a simple 'click' on her smartphone. As for my mother, who is interested in...
    Read more Ink or pixels? The power of signatures

What our clients say

Frequently asked questions

To answer frequently asked questions about the law of obligations and contracts in Switzerland, we have drawn up these frequently asked questions (FAQs). It aims to clarify the essential aspects relating to actions for performance, damages and termination.

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An action for performance is a legal procedure whereby the creditor asks the court to order the debtor to perform his contractual obligations in accordance with the terms of the contract.

An action for damages may be brought when one of the parties suffers loss as a result of the non-performance, improper performance or delay in performance of a contract by the other party.

Legitimate grounds for terminating a contract include serious breaches of contractual obligations, such as non-payment, breach of essential terms or behaviour that makes it impossible to continue the contractual relationship.

Do you need our services?

Contact us

Espace Legal

Nyon

Rue Porcelaine 13
1260 Nyon
Phone number: +41 22 365 55 55
E-mail: info@espace.legal

Geneva

Rue du Rhône 118
1204 Geneva
Phone number: +41 22 365 55 55
E-mail: info@espace.legal

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  • Lawyers
    • Pascal Rytz
    • Adelina Sabedini
    • Loïc Fässler
    • Luc Zimmermann
  • Services
  • Chronicles
  • Change language to Français
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