07/19/2021

According to Art. 321d para. 1 CO, the employer has a right to issue instructions to his employees. By issuing instructions, the employer may unilaterally specify the employment relationship. Instructions can be given with regard to the performance of the work, the conduct of the employees or the objectives to be achieved. The employer's instruction to carry out a vaccination would qualify as an…

07/12/2021

The public prosecutor shall issue a penalty order if the accused has admitted the facts of the case or if these have been sufficiently clarified in another way and if it considers one of the following penalties to be sufficient: a fine, a fine of no more than 180 daily penalty units or a custodial sentence of no more than 6 months (Art. 352 para. 1 Criminal Procedure Code). The accused may lodge a…

07/05/2021

In its new ruling 4A_571/2020 of March 23, 2021, the Federal Supreme Court states that the deposit of rent already due or the accrual of rent not validly deposited to the landlord pursuant to Art. 259h para. 1 CO is not equivalent to a timely payment. Accordingly, anyone who deposits rent that should already have been paid (due) risks termination due to late payment.

06/30/2021

Today we read a lot about the LIBOR mortgages and the contracts with the banks in 2015, but could you also be affected and what do we think you should do? We have already represented some clients five years ago who did not want to pay interest to the bank when the reference rate became negative.

06/01/2021

The separation of parents can lead to a parent with a maintenance obligation leaving Switzerland and moving abroad. Swiss wages are among the highest in the world. The departure will therefore regularly result in a reduction of income abroad. Therefore, the question arises whether the lower income is decisive for the calculation of the owed maintenance contribution or whether and, if so, under…

05/21/2021

On May 19, 2021, the Federal Council decided to bring the revised inheritance law into force on January 1, 2023. Swiss inheritance law has remained virtually unchanged for more than a century. With the revision, Swiss inheritance law will be adapted to developments in society.

05/14/2021

If data is stored locally on a storage medium such as a hard drive, a USB stick or a cell phone belonging to the decedent, this data passes to the heirs together with the storage medium.

05/12/2021

By means of a prenuptial agreement, the spouses can individually modify the statutory provisions according to their needs. Within the statutory limits, they can choose a different matrimonial property regime or change the provisions of their matrimonial property regime. The conclusion of a prenuptial agreement therefore offers individual structuring options.

04/15/2021

In July 2020, a dispute over an incorrectly parked car on a private driveway in Kreis 6 in Zurich came to a head and ended with a conviction for coercion. How did it come about?

A resident found the same car parked three times at the edge of a garage driveway. He wrote several notes to the driver, each of which he stuck behind the windshield wipers, pointing out that there was no parking space…

03/11/2021

Termination without notice is the emergency valve prescribed by law in the event that it is no longer reasonable to continue the employment relationship. However, this drastic measure must be well considered, as otherwise unpleasant financial obligations are the consequence.

03/04/2021

In the context of a separation, in the case of so-called life-forming marriages, where the wife has given up her gainful employment to take care of the children and the household, the Federal Supreme Court has consistently held that the wife can no longer reasonably be expected to take up gainful employment if she has reached the age of 45 at the time of the divorce.

02/03/2021

Yes you can! It is a widespread misconception that contracts are only valid if they have been drawn up in writing.

In principle, a contract is already concluded if there is a so-called mutually agreed expression of will according to Art. 1 OR. If the parties have agreed orally on the content of the contract, such a contract is concluded. The parties are then bound to the contract and to all…

02/03/2021

Our law firm advises companies, municipalities and private individuals in Lucerne, Central Switzerland, Zug and Zurich. It is our concern that Switzerland survives the Corona pandemic as unharmed as possible. We would be pleased to support you or your company in overcoming the economic consequences of this crisis. The lawyers of Schenkel & Serrago AG are always available for you. Meetings can be…

01/12/2021

The apartment handover protocol at the end of a tenancy plays an important role in practice. When filling it out, both the tenant and the landlord need to be careful.

On the occasion of the apartment handover, tenant and landlord usually meet in the apartment. The landlord fills out a handover protocol in which the damages and defects in the apartment are noted and at the same time it is…

06/01/2020

Tenancy law and corona virus

The question of rent reduction as a result of the federally mandated closure of operations for restaurants, hair salons and many other retail businesses is probably one of the most discussed legal issues related to the Covid-19 pandemic. The courts have cancelled all hearings and court vacations have been extended. In addition, a decision from a Swiss court is…