Annex A: Background information for Madagascar identity management systems analysis. Taxpayer registration form is the same online and offline, and PDF versions. Aux Sakaizambohitra de 1878, le Code des 305 articles de 1881, et les.
Swiss Code of Obligations | |
---|---|
Original title | German: Obligationenrecht; French: Code des obligations; Italian: Diritto delle obbligazioni; Romansh: Dretg d'obligaziuns |
Ratified | 30 March 1911 |
Date effective | 1 January 1912 (current version as of 1 July 2016) |
Location | SR220 |
Author(s) | Walther Munzinger, Heinrich Fick |
Purpose | Regulates contract law and corporations |
The Swiss Code of Obligations (German: Obligationenrecht; French: Code des obligations; Italian: Diritto delle obbligazioni; Romansh: Dretg d'obligaziuns) is a portion of the Swiss Civil Code that regulates contract law and corporations (Aktiengesellschaft). It was first adopted in 1911 (effective since 1 January 1912).[1][2]
Swiss law is often used to regulate international contracts, as it is deemed neutral with respect to the parties.[3] It is no. 220 in the Swiss Official Compilation of Federal Legislation.[4]
- 2Contents
History[edit]
In Switzerland, private law was originally left to the individual Swiss cantons, which enacted codifications such as the Zurich Law of Obligations of 1855.[5]
In 1864, the Bernese jurist Walther Munzinger was assigned a task to draft a unified code of obligations. This early project came to nothing, as it was not yet considered to fall under federal jurisdiction.[6] Four years later, the Federal Council agreed to the unification of the law of obligations, and Munzinger was put in charge of thee effort.[6] After Munzinger's death in 1873, the project fell to Heinrich Fick.[6]
The earliest version of the Code of Obligations was adopted in 1881, and came into force on 1 January 1883.[7] Munzinger, the main drafter of the 1881 Code, was influenced by the Dresdner Draft and the work of Johann Caspar Bluntschli.[8]
The current Code of Obligations was adopted on 30 March 1911,[7] becoming the fifth book of the Swiss Civil Code.[9] Changes enacted in 1911 are relatively minor, mostly reflecting the influence of the German Civil Code.[7] The Code of Obligations was drafted in a strikingly understandable style, without many instances of abstract legal terminology, so that it could be readily understood by the common population.[10]
Company law was subsequently revised in 1938, and the law regulating contracts of employment in 1972.[9] The Code was revised in 2011, so that in the future requirements for book-keeping and accounting will not depend on a company's legal form, but on its financial size.[11]
Contents[edit]
The Code of Obligations includes five divisions.[4] The Code of Obligations is part of the Civil Code, but its provisions are numbered individually.[5]
General Provisions (arts. 1-183)[edit]
Includes general contract law, tort law, unjust enrichment.[5]
- Principle of freedom of contract;[4]
- Conclusion of a contract;[4]
- Interpretation of a contract;[4]
- Nullity of a contract: impossibility, unlawfulness, immorality, non-respect of the required form;[4]
- Defeasibility of a contract: unfair advantage, error, fraud, duress;[4]
- Non-commercial agency;[4]
- Breach of contract;[4]
- Quasi-contractual obligations;[4]
- Obligations in tort;[4]
- Restitution of an unjust enrichment;[4]
- Time limits.[4]
Types of Contractual Relationship (184-551)[edit]
Includes specific contracts,[5] including the purchase contract (184-236),[12]employment contract (363-379),[12] mandate contract (394-406).[12]
- sale and exchange (184-238);[4]
- chattel sale (187-215);
- sale of immovable property (216-221);
- gifts (239-252);[4]
- lease and usufructuary lease (253-304);[4]
- loan (305-318);[4]
- loan for use (305-311);
- fixed-term loan (312-318);
- employment contracts (319-362);[4]
- contract for work and services (363-379);[4]
- publishing contract (380-393);[4]
- agency contracts (394-418);[4]
- agency without authority (419-424);[4]
- commission contract (425-439);[4]
- contract of carriage (440-457);[4]
- commercial agency (458-465);[4]
- payment instruction (466-471);[4]
- contract of bailment (472-491);[4]
- contract of surety (492-512);[4]
- gambling and betting (513-515);[4]
- life annuity contract and lifetime maintenance agreement (516-529);[4]
- simple partnership (530-551).[4]
Commercial Enterprises and the Cooperative (552-926)[edit]
Corporate law.[5]
Types of business associations:[4]
- sole proprietorship;
- partnerships:
- general partnership (552-593);
- limited partnership (594-619);
- corporations:
- company limited by shares (Ltd. or German: AG, French/Italian: SA; 620-763);
- partnership limited by shares (764-771);
- limited liability company (Ltd liab. CO or German: GmbH, French: S.á.r.l, Italian: S.a.g.l.; 772-827);
- cooperative (828-926).
The Commercial Register, Business Names and Commercial Accounting (927-964)[edit]
- Business names (944-956);[4]
- Commercial accounting and Financial Reporting (957-963).[4]
Negotiable Securities (965-1186)[edit]
Commercial papers.[5]
- registered securities (974-977);[4]
- bearer securities (978-989);[4]
- bills and notes (990-1099);[4]
- cheque (1100-1144);[4]
- bill-like securities and other instruments to order (1145-1152);[4]
- document of title of goods (1153-1155);[4]
- bonds (1156-1186);[4]
Principles and influences[edit]
The contract law of the Code of Obligations is based on Roman Law traditions, and it was particularly influenced by the Pandectist school. It was also heavily influenced by the Code Napoleon of 1804.[7]
Swiss contract law discriminates between general and special contract rules. The general rules are based on legal theory developed in the 17th and 18th centuries, while special rules are based on Roman law traditions.[7] It is divided into a general part, which applies to all contracts, and a special part, which applies to specific types of contracts, such as sales of goods or loans.[2]
The Code is governed by the principle of the freedom to contract,[7] which includes freedom as to the content and type of the contract, and the freedom of the parties to enter into agreements which are not governed by the special part of the Code.[4]
One major difference compared to contract law in Common Law jurisdictions is the lack of a requirement of consideration. The concept of frustration of purpose is also not part of the Swiss legal tradition.[7]
The first version of the Swiss Code of Obligations influenced parts of the German Civil Code, the Chinese Code of Taiwan (Book II), the Code of South Korea (Part III) and the Code of Thailand (Book II).[7] The Turkish Civil Code, adopted in 1926, is based on the Swiss Civil Code, which also includes the Code of Obligations.[7]
See also[edit]
References[edit]
- ^'SR 22 Zivilgesetzbuch' (official website) (in German, French, and Italian). Berne, Switzerland. 10 September 1916. Archived from the original on 17 September 2016. Retrieved 17 September 2016.
- ^ ab'SR 220 Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations) of 30 March 1911 (Status as of 1 July 2016)' (official website). Berne, Switzerland: Swiss Federal Council. 10 September 1916. Archived from the original on 18 September 2016. Retrieved 17 September 2016.
- ^Schneider, Michael E.; Mathias, Scherer. 'Switzerland'(PDF). FIDIC: An Analysis of International Construction Contracts. Archived(PDF) from the original on 24 March 2016. Retrieved 7 April 2018.
- ^ abcdefghijklmnopqrstuvwxyzaaabacadaeafagahaiajakalamanaoapHuber‐Purtschert, Tina. 'Introduction to Swiss Law - Law of Obligations'(PDF). University of Zurich. Archived(PDF) from the original on 7 April 2018. Retrieved 7 April 2018.
- ^ abcdefSchwenzer, Ingeborg; Hachem, Pascal; Kee, Christopher (2012). Global Sales and Contract Law. OUP Oxford. p. 19. ISBN9780191631054. Archived from the original on 7 April 2018.
- ^ abcPadoa-Schioppa, Antonio (2017). A History of Law in Europe: From the Early Middle Ages to the Twentieth Century. Cambridge University Press. p. 557. ISBN9781316851760. Archived from the original on 7 April 2018.
- ^ abcdefghiBucher, Eugen. 'General remarks on the Swiss law of obligations'(PDF). Archived(PDF) from the original on 12 July 2017. Retrieved 7 April 2018.
- ^Smits, J. M. (2012). Elgar Encyclopedia of Comparative Law, Second Edition. Edward Elgar Publishing. p. 852. ISBN9781781006108. Archived from the original on 7 April 2018.
- ^ abvon Overbeck, Alfred E. (1977). 'Some Observations on the Role of the Judge Under the Swiss Civil Code'. Louisiana Law Review. 37 (3). Archived from the original on 10 September 2015. Retrieved 7 April 2018.
- ^'Celebrating 100 Years Swiss Code of Obligations – a brief history of a remarkable codification'(PDF). Fribourg, Switzerland: University of Fribourg. Archived(PDF) from the original on 4 March 2016. Retrieved 7 September 2013.
- ^'All changes to the Swiss Code of Obligations at a glance'(PDF). PwC. Archived(PDF) from the original on 4 March 2016. Retrieved 7 September 2013.
- ^ abcKurer, Martin (2002). Warranties and Disclaimers:Limitations of Liability in Consumer-Related Transactions. Kluwer Law International. p. 527. ISBN9789041198563. Archived from the original on 7 April 2018.
External links[edit]
- SR220Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations) - English semi-official translation
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Swiss_Code_of_Obligations&oldid=917596363'
Area code 305 is the area code for all of Miami, Florida, Miami-Dade County, and the part of Monroe County in the Florida Keys in the United States. The mainland portion of Monroe County is served by area code 239. The numbering plan area 305 was overlaid by area code 786 in 1998.[1]
History[edit]
Area code 305 was one of the original area codes created in 1947, and originally covered the entire state of Florida. The western part of the peninsula from the Tampa Bay area south, which was served mostly by GTE (now part of Verizon), was separated into area code 813 in 1953.[2] As a result of the increase in the state's population, North Florida from the Panhandle to Jacksonville was assigned area code 904 with a permissive dialing period beginning July 6, 1965, and a mandatory dialing period beginning January 1, 1966.[3]
![Code Des 305 Articles Malgaches Pdf Code Des 305 Articles Malgaches Pdf](/uploads/1/2/5/8/125860117/404551950.png)
In 1988, the east coast of Florida from Palm Beach County north through Brevard County, as well as the Orlando metropolitan area was assigned area code 407.[4] In 1995, Broward County was split from 305 and assigned area code 954. Although this was intended to be a long-term solution, within two years the reconfigured area code 305 was already close to exhaustion due to explosive growth in South Florida, as well as the increasing popularity of cell phones and pagers. Available numbers were limited by the fact that Monroe County was split between two area codes, as well as the fact that all of South Florida from the Treasure Coast to the Keys is a single LATA. To solve this problem, area code 786 was installed as an overlay in 1998. The overlay originally only covered Miami-Dade County; the Keys were added in 2008.[1]
![Code des 305 articles madagascar pdf Code des 305 articles madagascar pdf](/uploads/1/2/5/8/125860117/957208309.jpg)
In popular culture[edit]
- American professional wrestlerMontel Vontavious Porter uses a modified facebuster finishing move known as 'The 305'.[citation needed]
- Area 305 was a Fort Lauderdale restaurant in the 1970s where each table had an extension for other interested patrons to dial.[citation needed]
- Drake titled a song '305 to My City' on his 2013 album, Nothing Was the Same.
- Enrique Iglesias uses '@enrique305' as his account name on Twitter.[5]
- A web-based magazine in Miami is called 305 Magazine.[6]
- Kitchen 305 is a Sunny Isles Beach restaurant inside the Newport Beachside Resort (where MTV held its 'Spring Break 2008' party).[7])5.[8]
- Miami rapper Pitbull refers to himself as 'Mr. 305'. His record label is called Mr. 305 Inc. He also frequently mentions the area code in his music.
- 'QuESt' (rapper) mentions the area code 305 in the song titled 'Hunger' off of his mixtape Searching Sylvan.
- In the 2016 movie Moonlight, the main character Chiron at age 25 is living in Atlanta, but he recalls his teenage nickname Black and his former home in Miami with his license plate, BLACK305, briefly glimpsed toward the end of the movie.
See also[edit]
References[edit]
- ^ ab'NANP Area Code History: 1998'. Retrieved December 27, 2007.
- ^'NANP Area Code History: 1948–1959'. Retrieved December 27, 2007.
- ^'NANP Area Code History: 1960–1969'Archived March 3, 2016, at the Wayback Machine. Retrieved December 27, 2007.
- ^'NANP Area Code History: 1980–1989'Archived March 3, 2016, at the Wayback Machine. Retrieved December 27, 2007.
- ^'Enrique Iglesias (@enrique305)'. Twitter. Retrieved February 20, 2015.
- ^'305magazine.com'. 305 Magazine. Retrieved July 19, 2017.
- ^Staff (undated) 'Spring Break 2008'Archived September 22, 2013, at the Wayback Machine. MTV. Retrieved September 19, 2013.
- ^'Kitchen 305'. Newport Beachside Hotel & Resort. Retrieved February 20, 2015.
External links[edit]
- 'History of Area Code Changes in Florida'. Sprint. 1999.
- 'Area Code 305'. Area Code Download. Archived from the original on August 27, 2008.
List of exchanges
- 'Area Code 786'. Area Code Download. Archived from the original on June 8, 2007.
List of exchanges
Florida area codes: 239, 305/786, 321, 352, 386, 407, 561, 727, 754/954, 772, 813, 850, 863, 904, 941 | ||
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North: 754/954 | ||
West: 239 | area code 305/786 | East: 242 |
South: +53 in Cuba | ||
Bahamas area codes: 242 |
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Area_codes_305_and_786&oldid=919196310'