Question from Luc, What are the legal implications of altering a signed contract in Switzerland?
Answer from AI:
In Switzerland, as in many other jurisdictions, altering a signed contract without the consent of all parties involved is generally considered illegal. This is based on the principle of pacta sunt servanda, which means “agreements must be kept”. This principle is recognized in Article 1 of the Swiss Code of Obligations.
Legal Consequences of Altering a Contract
If someone alters a contract after it has been signed, it could potentially lead to several legal consequences:
- Invalidation of the contract: If it can be proven that the contract was altered without your knowledge or consent, the contract may be declared invalid by a court.
- Criminal charges: Depending on the nature and extent of the alteration, the person who altered the contract could potentially face criminal charges for forgery, as per Article 251 of the Swiss Penal Code.
- Civil lawsuit: You may also have the right to sue the person who altered the contract for damages, if you suffered any loss as a result of the alteration.
What to Do If You Suspect Your Contract Has Been Altered
If you suspect that a contract you signed has been altered, there are several steps you can take:
- Document everything: Keep a record of all communications and documents related to the contract. This could be useful evidence if you decide to take legal action.
- Seek legal advice: Consult with a legal professional who can advise you on the best course of action based on your specific circumstances.
- Report the incident: If you believe a crime has been committed, you may wish to report the incident to the police.
Please note that this information is intended to provide a general overview of the law and does not constitute legal advice. The specifics of your situation could significantly affect what legal options are available to you. Therefore, it is strongly recommended that you consult with a legal professional for personalized advice.