The Promissory Agreement is a fundamental instrument in Swiss commercial and civil law, used to formalize monetary obligations between parties. It serves as a legally binding commitment where one party promises to pay a specified sum to another, either at a fixed future date or on demand. This document type is particularly useful in business transactions, loans, real estate dealings, and other commercial arrangements where a formal acknowledgment of debt is required. Under Swiss law, the agreement must conform to the requirements set forth in the Swiss Code of Obligations, particularly Articles 984-996 which govern promissory notes. The document typically includes essential elements such as the unconditional promise to pay, the specified amount, payment terms, and the identities of both the promisor and promisee. It can be used as evidence in debt collection proceedings and provides the promisee with certain legal advantages in terms of enforcement.
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1. Parties: Identification of the promisor (debtor) and promisee (creditor) with full legal names and addresses
2. Background: Brief context of the underlying transaction or reason for the promissory agreement
3. Definitions: Key terms used in the agreement, including payment-related terms and dates
4. Promise to Pay: Unconditional promise to pay a specific sum, including the currency and amount in both numbers and words
5. Payment Terms: Detailed payment schedule, interest rate, and payment method
6. Place of Payment: Specified location or account where payment must be made
7. Default and Acceleration: Consequences of default and circumstances under which the full amount becomes immediately due
8. Notices: How and where formal communications between parties must be made
9. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
10. Signature Block: Formal execution section with date and signatures
1. Security Interest: Details of any collateral or security provided for the promise to pay
2. Guarantor Provisions: Terms applying to any guarantor of the promise, if applicable
3. Prepayment Terms: Conditions and calculations for early repayment if permitted
4. Assignment and Transfer: Rights and restrictions regarding transfer of the promissory note
5. Tax Provisions: Allocation of responsibility for any applicable taxes or stamp duties
6. Force Majeure: Provisions for unforeseen circumstances affecting payment ability
7. Representations and Warranties: Additional promises about the promisor's capacity and authority
1. Payment Schedule: Detailed breakdown of payment dates and amounts if installment payments are involved
2. Security Documentation: Details of any pledged assets or collateral securing the promise
3. Calculation of Interest: Formula and examples of interest calculations if complex interest terms apply
4. Form of Notice: Template for required notices under the agreement
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