03.07 Model Contracts

03 Contract Law

Even lawyers do not always start from scratch when drafting contracts. They also regularly use their own or third-party model contracts. However, we strongly advise against a complete «copy and paste». Model contracts should rather serve as an inspiration for contract drafting. One can see what contractual considerations others have made in similar (probably never exactly the same!) legal relationships. If model contracts or individual clauses are nevertheless adopted in their entirety, they must be adapted to the specific legal relationship.

Sources for model contracts are many and varied. I am familiar with the fee-based model contracts of Swico and WEKA. Swico is the association of the Swiss ICT and online industry. Its model contracts have been developed for the ICT and online industries and can be found at the following link: https://www.swico-modellvertraege.ch/en/shop.htm . WEKA is a Swiss publishing house and has been publishing numerous model contracts for various legal transactions for a long time. The model contracts of WEKA cannot be purchased individually but only as a subscription and can be found under the following link: https://www.weka.ch/recht/auftrag-und-werkvertrag/weka-mustervertraege.html. The Federal (Switzerland) model IT agreements are free of charge. These can be found under the following link: https://www.beschaffung.admin.ch/bpl/de/home/auftraege-bund/mustervertraege.html. The counterpart are the IT model contracts of the administration of the Federal Republic of Germany. These can be found under the following link: https://www.cio.bund.de/Web/DE/IT-Beschaffung/EVB-IT-und-BVB/evb-it_bvb_node.html. It should be noted that both model contracts of the Federal Administration of Switzerland and Germany have been edited from the point of view of the respective administrations. This means that the contracts are certainly fair, but also definitely «tuned» in favour of the respective administrations.

03 Contract Law