Each type of contract contains its own specific clauses, depending on the purpose of the contract and the services to be provided by the parties. There are, however, some clauses that can be found in all types of contract, insofar as they are of a general nature and are necessary in any contractual relationship. These include, for example, clauses concerning the obligations of the parties, the services and guarantees to be provided, the allocation of costs between the parties, the duration of the contract, the conditions for early termination, the end of the contract, the liabilities of the parties in the event of breach of contract, confidentiality, the conditions for notification and communication under the contract, the arrangements for amending the contract, the law applicable to the contract and the place of jurisdiction.

In principle, an oral contract can be perfectly valid. There are exceptions, however, where the law stipulates that a contract must be in writing to be valid, or even that it must be drawn up in an authenticated form, before a notary. Even if an oral contract may be valid in some cases, it is strongly recommended to use the written form whenever possible, for reasons of proof and transparency.

In principle, all contracts include general clauses, such as the obligations of the parties, the duration of the contract, termination terms, confidentiality, applicable law and place of jurisdiction. It is important to include these clauses in a contract, so that it is as clear and complete as possible. In addition to these general clauses, each contract must contain clauses that are specific to it and related to its purpose. For example, a sales contract will contain clauses relating to delivery terms, an employment contract will contain clauses relating to wages and working hours, and a lease contract will contain clauses relating to the upkeep of the premises.

In principle, no. It is perfectly possible to present a copy of a contract to prove its existence and validity. This can be either a physical copy or an electronic copy (scanned document or photograph of the contract). In some cases, however, the original of a contract will be required, for example when certain modifications are made to the Trade Register. It is therefore important and useful to have a sufficient number of original copies of the contract when you sign it.

In principle, it is not possible to cancel a contract without the consent of the other parties to the contract. In some cases, however, a party may be able to invoke certain irregularities that occurred when the contract was signed to invalidate it. These are known as defects in consent at the time of signature. These are cases where a party has made an fundamental error when signing the contract, for example because he thought he was signing a different contract or one with a much narrower scope, or where he was induced to sign by deception or under threat. In all these cases, the contract has no effect on the party whose consent was vitiated at the time of signing.

In principle, contracts that can be terminated are those that run for a certain length of time and do not necessarily have a fixed end date. Examples include employment contracts, leases and licensing agreements. However, it is also possible for certain fixed-term contracts to be terminated early. In principle, the conditions for termination will depend on the type of contract, the parties involved and the applicable legal provisions. In many cases, termination conditions are set out in the contract itself. In principle, the clauses setting out the conditions of termination are binding, provided that they are not contrary to the law.

In the event of a dispute arising from a contractual relationship, it is often advisable to try to resolve the problem amicably in the first instance. If this is not possible, then the matter should be referred to the appropriate judicial authority. In principle, contractual disputes are initiated by a conciliation request.

The competent judicial authority for contractual law is often the first instance civil court. Such a court varies from canton to canton, and may also vary within a given canton, depending on the domicile of the parties to the contract. Some cantons also have different courts depending on the amount in dispute. Finally, the competent court may vary according to the nature of the dispute. There are, for example, specific courts for disputes relating to leases, employment contracts or intellectual property. In view of the many courts potentially competent to deal with a contractual dispute, it is important to conduct thorough research, to be sure you are addressing the competent authority.