Unfair Advantage: An Intriguing Example of Legal Transformation in the Swiss Private Law

This paper demonstrates a mixed approach to the theme of the instrumentality of law by both analysing the goal of a legal transformation and the techniques adapted to achieve it. The correct recognition of a certain practical necessity has lead the Swiss Federal Tribunal to an intriguing judgement “Fussballclub Lohn-Fall” of 1997. The legal remedies provided for cases of unfair advantage have been then creatively modified praeter legem. The adaptation was strongly influenced by foreign legal patterns. The Swiss Code of Obligations of 1911 provides a norm in art. 21 on unfair advantage (unconscionable contract), prescribing that if one party takes unjustified advantage over the weaknesses of another in order to receive an excessive benefit, such a contract is avoidable. Its wording has been shaped over a hundred years ago and still remains intact. However, over the course of the 20th century the necessity for a more efficient protection has arisen. The legal doctrine and jurisprudence were constantly pointing out the incompleteness of the remedies provided by art. 21 of the Code of Obligations. In the “Fussballclub Lohn-Fall” (BGE 123 III 292) the Swiss Federal Tribunal finally introduced the possibility to modify the contract. Its decision has been described as “a sign of the zeitgeist, spirit of the time”. It was the Swiss legal doctrine that has imposed the new measure under the influence of the German “quantitative Teilnichtigkeit” (quantitative partial nullity). The historical heritage of the Roman laesio enormis has also played its role.

The builders : a story & study of masonry /

Includes bibliographical references (pages [299]-304) and index.

The tragedy of the Crater /

"The spirit of my cousin is ... telling his version of the exploit, for it was from the notes, documents, letters and current newspaper accounts left by General Pleasants on his death that the tale has been pieced together by the author."--Foreword.

The works of the Reverend William Law, M.A. ...

"Prefatory memoir" signed: G.B.M. [i.e. G. B. Morgan]

History of art ... /

[I] Ancient art.--[II] Mediæval art.--[III] Renaissance art.--[IV] Modern art.--[V] The spirit of the forms.

The authority of criticism, and other essays,

The authority of criticism.--Apropos of Shelley.--Literature and morals.--The nature of literature.--On translating Horace.--The Byron revival. --Teaching the spirit of literature.--Mr. Howells and romanticism.--Tennyson and Musset once more.

The works of Hannah More ...

Added title page, engraved: The complete works of Hannah More.

The Field illustrated : a journal of advanced agriculture, scientific breeding and rural sports.

Editors: May 1912-Feb. 1913, A. H. Godfrey (with A. H. Waddell, Sept. 1912-Feb. 1913).--Mar. 1913- A. H. Waddell.

A liturgy for the use of the church at King's Chapel in Boston; collected principally from the Book of Common prayer.

Published in 1850 under title: Book of common prayer, according to the use of King's chapel, Boston.

Truth triumphant through the spiritual warfare, Christian labours, and writings of that able and faithful servant of Jesus Christ, Robert Barclay, : to which is prefixed, an account of his life.

v.3 A true and faithful account of the most material passages of a dispute.--Quakerism confirmed: or, A vindication of the chief doctrines and principles of the people called Quakers.--Universal love considered, and established upon its right foundation.--An epistle of love and friendly advice.--R. B.'s apology for the true Christian divinity vindicated.--The possibility and necessity of the inward and immediate revelation of the spirit of God.--R. B.'s testimony concerning his father.

A liturgy collected for the use of the church at King's Chapel, Boston.

An adaptation, Unitarian in spirit, of the Book of Common Prayer for the use of King's Chapel.

A liturgy for the use of the church at King's Chapel in Boston : collected principally from the Book of Common prayer.

Published in 1850 under title: Book of common prayer, according to the use of King's Chapel, Boston.

The artist, the merchant, and the statesman, of the age of the Medici, and of our own times /

Goldsmiths'-Kress no. 34096.23.

The history of Athens, including a commentary on the principles, policy, and practice of republican government; and on the causes of elevation and of decline, which operate in every free and commercial state.

Originally published in 1777 under title: The spirit of Athens, being a political and philosophical investigation of the history of that republic.

The works of Hannah More ...

Added title page, engraved: The complete works of Hannah More.