On 1 January 2020, the statute of limitations was revised in Switzerland. The statute of limitations law has a comprehensive meaning in practice, as legal claims are dependent on the statute of limitations. For example, claims and other rights and obligations may no longer be enforceable after a limitation period has expired. The origin of this revision lies in so-called asbestos cases. In these cases, the claims of asbestos victims have long been lost when the asbestos-induced disease broke out. The European Court of Human Rights, in a case in Switzerland in March 2014, considered the statute of limitations in this regard to be a violation of Article 6. paragraph 1. of the ECHR. These events finally led to the approval of a revision of the Code of Obligations by all chambers in 2018.
The amendments to the statute of limitations do not only concern statutes of limitations in the area of personal injury, but also affect many other parts of the Code of Obligations. The most relevant changes are listed below.
The table shows the affected area on the left and the revised law on the right:
| Unlawful act (relative limitation period) | Three years from the time when the injured party became aware of the damage and the injuring person Art. 60 para. 1 OR |
| Unjust enrichment (relative period of limitation) | Three years from the time when the aggrieved party became aware of his claim. Art. 67 para. 1 OR |
| Unauthorized acts in case of personal injury (relative limitation period) | Three years from the time when the injured party became aware of the damage caused and the person liable to pay compensation. Art. 60 para. 1bis OR |
| Unauthorized acts in case of personal injury (absolute limitation period) | 20 years from the time when the harmful conduct occurred or ceased. Art. 60 para. 1bis OR |
| Unauthorized actions in connection with a criminal act | Statute of limitations with the occurrence of the criminal prosecution statute of limitations. If the statute of limitations for prosecution does not apply on the basis of a first instance judgment, the statute of limitations shall expire three years after the opening of the judgment. Art. 60 para. 2 OR |
| Contract in case of personal injury (relative limitation period) | Three years from the time when the injured party became aware of the damage incurred. Art. 128a OR |
| Contract in case of personal injury (absolute limitation period) | 20 years from the time when the harmful conduct took place or ceased Art. 128a OR |
| Unjust enrichment (relative limitation period) | Three years from the time when the injured party became aware of his claim |
In addition to the above-mentioned amendments, the wording has been changed in various articles of the Code of Obligations, but this does not affect the material meaning of the article.
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