Questão jurídica principal
Whether refusal to accept WIR checks defeats the debtor’s plea of payment (Tilgung) under Art. 84(1) OR.
Decisão extraída
No. Payment with WIR money is not proper performance for a money debt in Swiss francs; the creditor had no duty to accept it absent agreement.
Fundamentação extraída
Under Art. 84(1) OR, money debts must be paid in legal Swiss currency. WIR money is not legal tender but a private means of payment of the WIR cooperative, accepted only among its members. Therefore, there is no statutory acceptance obligation for the creditor, and no legal gap exists.