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Part IIb Non-EU/Non-EEA Jurisdictions, 20 Switzerland

Yeşim M Atamer

From: Unfair Terms in Banking and Financial Contracts

Edited By: Danny Busch, Matthias Lehmann

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Subject(s):
Banker-customer contract — Capital markets — Financial regulation

This chapter explores how Switzerland handles standard contract terms (SCT). Switzerland has a long-standing legislative maxim of autonomous implementation of European Union (EU) law, which resulted in a certain number of substantive law provisions being either adapted fully or influenced by EU law. The chapter highlights how Switzerland’s approach to the control of standard terms differs from that of the rest of Europe. It considers the comparison between SCT control and measures under the Unfair Terms Directive (UTD) and the courts’ practice that cannot accept the reality of the SCT. Even though the Swiss Supreme Court tries to conceal its lack of control by excluding ‘surprising terms’, there has been no decision finding a term in SCT unfair according to Article 8 UCA as of 2023.

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