3.1 BASE NORMATIVA
3.1.2 NORMA TECNICA DE INFRAESTRUCTURA PARA LOCALES DE
1 In a sale by sample, the person to whom the sample was entrusted is not obliged to prove that the sample he presented is identical with the one received; his personal assurance to the court is sufficient, even where the sample presented has altered in form since delivery, pro- vided that such alteration was a necessary consequence of the exami- nation made of the sample.
2 In any event the other party is entitled to prove that the sample is not the same one.
3 If the sample has been spoiled or been destroyed while in the posses- sion of the buyer, even if he was not at fault, the onus is not on the seller to prove that the object conforms with the sample, but on the buyer to prove the contrary.
Art. 223
1 In a sale on approval or inspection, the buyer is free to accept or refuse the object.
2 Until it is accepted, the seller remains its owner even if it has passed into the buyer’s possession.
Art. 224
1 Where the object is to be inspected on the premises of the seller, he is released from his obligation if the buyer fails to accept the object within the agreed or customary time limit.
2 In the absence of any such time limit the seller may, after an appro- priate interval, call on the buyer to declare whether he accepts the object, and the seller is released from his obligation if the buyer fails to make such declaration immediately on request.
Art. 225
1 Where the object has been delivered to the buyer prior to inspection, the sale is deemed to have been approved if the buyer neither declares that he rejects the object nor returns it within the agreed or customary time limit or, in the absence of any such time limit, immediately on demand by the seller.
2 The sale is similarly treated as completed, if the buyer pays the whole or part of the price without reservation or if he deals with the property otherwise than was necessary for its inspection.
A. Sale by sample B. Sale on approval or inspection I. Effect II. Inspection on the seller’s premises III. Inspection on the buyer’s premises
Art. 22662 Art. 226a-226d63 Art. 226e64 Art. 226f-226k65 Art. 226l66 Art. 226m67 Art. 22768 Art. 227a–227i69 Art. 22870
62 Repealed by No I of the Federal Act of 23 March 1962 (AS 1962 1082; BBl 1960 I 537).
63 Inserted by No I of the Federal Act of 23 March 1962 (AS 1962 1082; BBl 1960 I 537).
Repealed by Annex 2 No II 1 to the Federal Act of 23 March 2001 on Consumer Credit (SR 221.214.1).
64 Inserted by No I of the Federal Act of 23 March 1962 (AS 1962 1082; BBl 1960 I 537).
Repealed by No I of the Federal Act of 14 Dec. 1990
(AS 1991 974; BBl 1989 III 1189, 1990 I 108).
65 Inserted by No I of the Federal Act of 23 March 1962 (AS 1962 1082; BBl 1960 I 537).
Repealed by Annex 2 No II 1 to the Federal Act of 23 March 2001 on Consumer Credit (SR 221.214.1).
66 Inserted by No I of the Federal Act of 23 March 1962, in force since 1 Jan. 1963
(AS 1962 1082; BBl 1960 I 537). Repealed by Annex No 5 to the Civil Jurisdiction Act of
24 March 2000 (SR 272).
67 Inserted by No I of the Federal Act of 23 March 1962, in force since 1 Jan. 1963
(AS 1962 1082; BBl 1960 I 537). Repealed by Annex 2 No II 1 to the Federal Act of
23 March 2001 on Consumer Credit (SR 221.214.1).
68 Repealed by No I of the Federal Act of 23 March 1962 (AS 1962 1082; BBl 1960 I 537).
69 Inserted by No I of the Federal Act of 23 March 1962 (AS 1962 1047; BBl 1960 I 523).
Repealed by No I of the Federal Act of 13 Dec. 2013 (Repeal of the Provisions on
Advance Payment Agreements), with effect from 1 July 2014 (AS 2014 869;
BBl 2013 4631 5793).
70 Repealed by No I of the Federal Act of 13 Dec. 2013 (Repeal of the Provisions on
Advance Payment Agreements), with effect from 1 July 2014 (AS 2014 869;
BBl 2013 4631 5793).
Art. 229
1 At a compulsory auction, a contract of sale is concluded when the official auctioneer knocks the object down to the highest bidder. 2 In the case of a voluntary auction that has been publicly announced and is open to all bidders, a contract of sale is concluded when the seller accepts the bid of the highest bidder.
3 Unless the seller has expressed some other intention, the auctioneer is deemed to have the authority to knock the object down to the high- est bidder.
Art. 230
1 Any interested party may within ten days bring a claim for avoidance in respect of an auction whose outcome has been influenced by unlaw- ful or immoral means.
2 In the case of a compulsory auction, the avoidance claim must be brought before the supervisory authority, and in all other cases before the court.
Art. 231
1 A bidder is bound by his offer according to the auction terms and conditions.
2 Unless these provide otherwise, he is released from his obligation if a higher bid is made or if his own bid is not accepted immediately after the usual call has been made.
Art. 232
1 In the case immovable property, the highest bid must be accepted or refused at the auction itself.
2 Any condition whereby the bidder is bound to maintain his bid after the auction is void, other than in the case of compulsory auctions or sales of land or buildings that require official approval.
Art. 233
1 The successful bidder must pay in cash unless the auction terms and conditions provide otherwise.
2 The seller may immediately withdraw from the transaction if pay- ment is not tendered in cash or in accordance with the auction terms and conditions. Art. 234 D. Auctions I. Conclusion of the purchase II. Avoidance III. Binding nature of bids at auction 1. In general 2. Immovable property IV. Cash payment V. Warranty
1 Sale at compulsory auction is without warranty, apart from special assurances given or where the bidders are intentionally deceived. 2 The successful bidder acquires the object in the condition and with the attendant rights and encumbrances indicated in the public registers or the lot description and/or those that exist by operation of law. 3 In sales at voluntary public auction, the seller has the same liability as in any other sale, but in the lot description he may disclaim any warranty obligation with the exception of liability for intentional deceit.
Art. 235
1 The successful bidder for a chattel acquires title to it as soon as it is knocked down to him, whereas ownership of immovable property is not transferred until the entry is made in the land register.
2 The official auctioneers immediately notify the land registry of the sale at auction by reference to the formal auction record.
3 The provisions governing acquisition of ownership at compulsory auction are reserved.
Art. 236
The cantons may enact other provisions governing sale at public auction within the bounds of federal law.