Limitation is one of the fundamental mechanisms of Swiss law of obligations. It fixes the period beyond which a creditor loses the right to bring an action to enforce a claim. The applicable rules are set out in art. 127 to 142 of the Code of Obligations (CO). An essential distinction must be stressed from the outset: limitation extinguishes the right of action, but not the claim itself. A time-barred claim survives as a natural obligation — a debtor who voluntarily pays a time-barred debt cannot claim reimbursement (art. 63 para. 2 CO).
The ordinary period — 10 years (art. 127 CO)
Art. 127 CO lays down the general rule: all claims become time-barred after ten years, unless federal law provides otherwise. This ordinary period is residual — it applies to all claims not subject to a special statutory period.
Claims subject to the 10-year period include in particular:
- Claims arising from contracts of sale relating to goods other than foodstuffs
- Claims arising from loan agreements (principal repayable)
- Claims based on a formal acknowledgement of debt or a judgment
- Claims arising from construction contracts (other than warranty periods)
- Claims for reimbursement of rental deposits
Special limitation periods
The CO provides for numerous special periods, which are shorter or structured differently depending on the nature of the claim.
The 5-year period (art. 128 CO)
Art. 128 CO subjects the following claims to a limitation period of five years:
- Rents and ground rents, and other analogous periodic obligations
- Interest on capital and other periodic payments
- Maintenance payments
- Remuneration of craftsmen for their work
- Remuneration of doctors, lawyers, notaries and other liberal professionals, and reimbursement of their disbursements
- Remuneration of agents in general and reimbursement of their expenses
- The value of deliveries of foodstuffs
- Remuneration for the work of workers and other employees
This shorter period is justified by the periodic or current nature of these services, for which a rapid clarification of the situation is desirable.
Extra-contractual liability — 3 years / 10 years / 20 years (art. 60 CO)
Claims based on an unlawful act are subject to a dual-period regime, revised with effect from 1 January 2020:
- 3 years from the day the injured party became aware of the damage and of the person who caused it (relative period)
- 10 years from the day the harmful event occurred (absolute period for property damage)
- 20 years from the harmful event where that event caused personal injury or death — a period introduced by the 2020 revision (art. 60 para. 1bis CO)
Unjust enrichment — 1 year / 10 years (art. 67 CO)
Actions based on unjust enrichment become time-barred:
- After 1 year from the day the injured party became aware of the right of recovery (relative period)
- After 10 years from the date on which the right of recovery arose (absolute period)
Certificate of shortfall — 20 years (art. 149a DEBA)
A certificate of shortfall issued after unsuccessful attachment or bankruptcy proceedings becomes time-barred only after 20 years from its issue. During this period, the creditor may resume enforcement without a new enforcement request being required.
Summary table — Limitation periods by type of claim
| Type of claim | Relative period | Absolute period | Legal basis |
|---|---|---|---|
| Ordinary claim (general rule) | — | 10 years | Art. 127 CO |
| Rents, interest, maintenance, lawyers'/doctors' fees, craftsmen, foodstuffs, workers' wages | — | 5 years | Art. 128 CO |
| Extra-contractual liability — property damage | 3 years from knowledge | 10 years from the event | Art. 60 CO |
| Extra-contractual liability — personal injury / death | 3 years from knowledge | 20 years from the event (2020 revision) | Art. 60 para. 1bis CO |
| Unjust enrichment | 1 year from knowledge | 10 years from the accrual of the right | Art. 67 CO |
| Certificate of shortfall (after attachment or bankruptcy) | — | 20 years | Art. 149a DEBA |
The starting point of limitation (art. 130 CO)
Under art. 130 para. 1 CO, limitation begins to run on the day the claim becomes due. This principle is of paramount importance: a claim that has not yet fallen due cannot become time-barred, since the creditor does not yet have the right to bring an action.
Certain specific situations deserve attention:
- Claim with a fixed term: limitation begins on the stipulated due date
- Claim payable on demand (at sight): due from the moment it arises, limitation therefore begins immediately
- Claim subject to prior notice: art. 130 para. 2 CO specifies that the period runs from the day on which notice could first have been given
- Conditional claim: limitation only runs from the fulfilment of the suspensive condition
Interruption of limitation (art. 135 CO)
Interruption wipes out the elapsed period and causes a new period to start from zero. Art. 135 CO provides two categories of grounds for interruption:
Interruption by act of the debtor
Limitation is interrupted by any acknowledgement of the debt by the debtor. This acknowledgement may be express or implied:
- Letter acknowledging the debt or requesting an extension of time for payment
- Partial payment or payment of interest
- Proposal of a repayment plan or instalment arrangement
Interruption by act of the creditor
Limitation is also interrupted by any formal act by the creditor seeking to enforce the claim:
- Filing a debt-enforcement request (payment order) with the Debt Enforcement Office — see our page on the payment order and on how to start debt enforcement in Switzerland
- Bringing a court action before a tribunal
- Filing a conciliation request before the conciliation authority
- Submitting a demand for arbitration
Effects of interruption (art. 137 CO)
Interruption of limitation produces two distinct effects depending on how it occurred:
- General rule (art. 137 para. 1 CO): after interruption, a new period of the same duration as the original period begins to run. Thus, for a claim subject to a 5-year period, a new 5-year period starts.
- Special rule — acknowledgement by deed (art. 137 para. 2 CO): where the acknowledgement of debt is made by a notarial deed, a private document or a judgment, a new period of 10 years begins to run, even if the original claim had a shorter period. This rule is particularly important for claims subject to a 5-year period: a formal acknowledgement of debt subjects them to a new 10-year period.
Suspension of limitation (art. 134 CO)
Unlike interruption, suspension pauses the period without resetting it — the period resumes from where it left off. Art. 134 CO provides an exhaustive list of grounds for suspension:
- Against minor children in relation to their parents, during parental authority (art. 134 para. 1 no. 1 CO)
- Between spouses during marriage, and between registered partners during the partnership (art. 134 para. 1 no. 2 CO)
- Against persons under curatorship in relation to their curator, during the curatorship (art. 134 para. 1 no. 3 CO)
- For claims of employees against the employer, during the employment relationship (art. 134 para. 1 no. 4 CO)
- For claims of partners relating to the partnership, during its existence (art. 134 para. 1 no. 5 CO)
- During negotiations for an amicable settlement (art. 134 para. 1 no. 7 CO, introduced by the 2020 revision)
Waiver of limitation (art. 141 CO)
The law strictly regulates the possibility of waiving limitation:
- Advance waiver impossible (art. 141 para. 1 CO): it is not possible to waive limitation before the period has begun to run. Such a contractual clause is void.
- Valid waiver after the period has begun: the debtor may validly waive the right to invoke limitation once the period has begun to run.
- Maximum duration of waiver — 10 years (art. 141 para. 1 CO): the waiver may not exceed ten years. After this period, the waiver ceases to have effect.
- Consumer protection (art. 141 para. 2 CO): in contracts governed by the standard terms of a professional, any advance waiver of limitation stipulated to the detriment of the consumer is void.
Raising limitation (art. 142 CO)
Limitation does not take effect automatically. Art. 142 CO clearly states that the court may not raise the defence of limitation of its own motion. It is for the debtor to raise the limitation plea in the course of the judicial proceedings.
Practical consequences of this rule:
- If the debtor does not invoke limitation, the court must treat the claim as valid
- The debtor must raise the plea at the appropriate stage of the proceedings, generally in the statement of defence
- A debtor who has waived limitation may not invoke it during the period of the waiver
This rule is fundamentally different from the regime of forfeiture, which extinguishes the right itself and which the court must raise of its own motion. Limitation, on the other hand, merely deprives the creditor of the right of action and must be expressly raised by the debtor.
For any question relating to the limitation of a claim — whether interrupting a period about to expire, contesting a time-barred claim or analysing applicable civil liability — PBM Avocats advises you in civil law and in contract law.
Frequently asked questions about the statute of limitations in Switzerland
What is the limitation period for an unpaid invoice?
The period depends on the nature of the claim. For an invoice for the delivery of foodstuffs or craftsman's work, the period is 5 years under art. 128 CO. For an ordinary contractual claim not subject to any special period, the general 10-year period of art. 127 CO applies. The period begins to run on the day the invoice became due (art. 130 CO), in principle on the due date shown on the invoice or, failing that, as soon as the service was performed.
How can a limitation period be effectively interrupted?
Art. 135 CO provides two categories of means. On the debtor's side: any acknowledgement of the debt (letter, partial payment, request for an extension) interrupts the limitation period. On the creditor's side: filing a debt-enforcement request (payment order) with the Debt Enforcement Office, bringing a court action, filing a conciliation request or a demand for arbitration. After each interruption, a new period of the same duration begins to run (art. 137 para. 1 CO). If the acknowledgement is made by a notarial deed or a private document, the new period is 10 years (art. 137 para. 2 CO).
Can a time-barred claim still be paid voluntarily?
Yes. Limitation extinguishes the creditor's right of action, but does not extinguish the claim itself. The claim survives as a natural obligation. A debtor who pays a time-barred debt cannot claim reimbursement of that payment on the grounds of unjust enrichment (art. 63 para. 2 CO). A voluntary payment after limitation has lapsed is perfectly valid and final. However, the creditor can no longer compel the debtor to pay if the debtor raises the limitation defence before the court.
Can the court raise limitation of its own motion?
No. In accordance with art. 142 CO, the court may not raise the defence of limitation of its own motion. It is exclusively for the debtor to invoke limitation in the course of the proceedings. If the debtor fails to raise the limitation defence, the court cannot do so in his place, even if it finds that the claim is manifestly time-barred. This rule differs from forfeiture, which the court must take into account of its own motion.
Does the limitation period run before the claim falls due?
No. Under art. 130 para. 1 CO, limitation begins to run on the day the claim becomes due. Before the due date, the creditor cannot yet bring an action, so limitation does not run. For claims with a fixed term, the period begins on the due date. For claims subject to prior notice, art. 130 para. 2 CO specifies that the period runs from the day on which notice could first have been given.