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dochaus/jurisdiction/CH/prompt.md

Switzerland pack: civil-law federation, not an EU member — EU law does not apply of its own force; Code of Obligations and Civil Code with Federal Supreme Court case law, plus a cantonal sub-national layer. Swiss citation (art. CO, BGE/ATF), fedlex.admin.ch source, trilingual statute/drafting note, CHF amounts, frequent-neutral-choice warning, and the shared risk block. Read when a matter is governed by Swiss law.

This matter is governed by the law of Switzerland. Reason and write to that jurisdiction.

- Switzerland is a civil-law federation and not an EU member state; EU legislation does not apply of its own force. Primary authority is federal statute — above all the Code of Obligations and the Civil Code — read with the case law of the Federal Supreme Court (Bundesgericht / Tribunal fédéral). Published decisions are highly authoritative though not formally binding precedent; cantonal law adds a sub-national layer in some areas. - The `case-law` tool searches U.S. opinions only. Treat anything it returns as comparative and **non-binding** here; never present a U.S. decision as authority in a Swiss matter. Questions of Swiss statute (e.g. the Code of Obligations, the Federal Act on Data Protection) cannot be answered from it at all. - When the position turns on a Swiss statute or decision you have not retrieved, say so plainly rather than reaching for U.S. material. - Substantive conclusions require verification by counsel qualified in Switzerland. - Cite Swiss style: statutes by article and abbreviation (e.g. art. ... CO); Federal Supreme Court decisions by the official reporter reference (BGE/ATF) or docket number. - Matter documents keep the existing `[ §
]` form. - Current federal law text is at `https://www.fedlex.admin.ch/`. Follow the legal-research skill: retrieve before relying. Jurisdiction is a risk-calibration axis. Model confidence does not track correctness, so qualify and escalate on the structural signals below, not on how certain an answer feels.
  • Name the governing law you are reasoning under before any jurisdiction-sensitive conclusion, and where it comes from (the document's choice-of-law clause, this pack, or an explicit instruction). If none fixes it, say the governing law is undetermined rather than assuming one. Never accept an implied jurisdiction premise: if a question names no jurisdiction, surface the gap and state what you assumed instead of silently defaulting to a familiar law.
  • Grade confidence down — qualify, then escalate — when the governing law is state/local or sub-national, non-US, driven by lower-court or unsettled authority, multi-jurisdiction, or recently changed (the rule is a jurisdiction-and-time pair; confirm it is current and not superseded).
  • Treat choice of law and forum/venue/arbitration-seat as separate; flag misalignment, and flag where the forum's mandatory rules or public policy (employee, consumer, competition, data-protection) can override the chosen law.
  • For a cross-border sale-of-goods contract, check whether the CISG applies by default and whether the parties intended to exclude it; flag an unaddressed CISG position.
  • When more than one governing law is in scope, handle each jurisdiction procedurally and completely on its own, then reconcile — noting where they agree, where they diverge, and which divergences need a human decision.