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.

Some considerations of hazards in the use of lasers for artistic displays /

Mode of access: Internet.

Modern chromatics, with applications to art and industry.

Series title also at head of t.-p.

Beschreibung der Gemälde des Polygnotos von Thasos in der Lesche zu Delphi /

Mode of access: Internet.

To identify prospects for economic development in rural America [microform] : hearings before the Subcommittee on Rural Economy and Family Farming of the Committee on Small Business, United States Senate, One Hundredth Congress, second session ... June 29, 1988, July 13, 1988.

CIS Microfiche Accession Numbers: CIS 89 S721-4

Art and artists of Indiana,

"Who's who in art; Indiana painters, sculptors, and illustrators": p. 349-405.

Das Teuflische und Groteske in der Kunst.

Mode of access: Internet.

Das Teuflische und Groteske in der Kunst, mit 103 Abbildungen.

Mode of access: Internet.

Het sociaal conflict in de beeldende kunst /

Includes bibliographical references (p. [231]-235)

Schreiben eines Freundes der Kunst an Herrn Gallerie-Director Krahe in Düsseldorf, die Beleuchtung eines Gemäldes vorzüglich betreffend.

An essay on the use of lightning in two landscape paintings by Nicolaas Pietersz Berchem and Aelbert Cuyp.

A professional research and knowledge taxonomy for youth development : Communication, January 1990 - July 1991 : Volunteerism, January 1990 - July 1991 /

Includes indexes.

Internal communication: policies and procedures.

Cover title.

Die entwickelung des putto in der plastik der frührenaissance.

Lebenslauf.

A practical treatise on painting : in three parts : consisting of hints on composition, chiaroscuro, and colouring : the whole illustrated by examples from the Italian, Venetian, Flemish, and Dutch schools /

Pagination, part 1: 31 pages, 9 leaves of plates; part 2: vi, 45 pages, 8 leaves of plates; part 3: ix, 64 pages, 8 leaves of plates.

Progress in scientific and technical communications ; annual report.

"COSATI."