The Loan Agreement Between Friends is designed for situations where individuals in Switzerland wish to formalize a personal lending arrangement while maintaining the friendly nature of their relationship. This document type is particularly relevant when friends or acquaintances agree to a loan that needs to be documented for clarity and legal certainty. It incorporates essential provisions required under Swiss law, particularly the Swiss Code of Obligations (OR), while keeping the language and structure accessible to non-legal professionals. The agreement typically includes loan amount, repayment terms, any interest arrangements, and basic default provisions, striking a balance between legal protection and maintaining personal relationships. It's especially useful for significant loan amounts where parties want to avoid misunderstandings and ensure clear documentation of their arrangements.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Brief context of the friendly loan arrangement and relationship between parties
3. Definitions: Key terms used in the agreement including 'Loan Amount', 'Interest Rate' (if any), 'Repayment Date'
4. Loan Amount and Purpose: Specification of the exact amount being lent and its intended use
5. Repayment Terms: Details of how and when the loan will be repaid, including payment schedule
6. Interest: Whether interest applies, and if so, the rate and calculation method
7. Method of Payment: Specified payment methods and bank account details for repayment
8. Default: Consequences of missing payments, including any default interest
9. Termination: Circumstances under which the loan can be called in early
10. Governing Law: Confirmation that Swiss law governs the agreement
11. Signatures: Execution section for both parties to sign and date
1. Security: Optional section if any assets are being provided as security for the loan
2. Early Repayment: Terms for early repayment if allowed, including any notice requirements
3. Death or Incapacity: Provisions for what happens if either party dies or becomes incapacitated
4. Costs and Expenses: Section covering who pays for any costs related to creating or enforcing the agreement
5. Assignment: Whether the loan can be transferred to another party
6. Dispute Resolution: Optional mediation or arbitration provisions before court proceedings
7. Witnesses: Space for witness signatures if parties want additional formality
1. Schedule 1 - Payment Schedule: Detailed repayment schedule if installment payments are agreed
2. Schedule 2 - Bank Details: Complete bank account information for making payments
3. Appendix A - Proof of Payment: Copy of the initial payment/transfer document showing the loan amount
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