What is included with this book?
General Introduction | p. xvii |
Acknowledgements | p. xviii |
Abbreviations | p. xix |
Introduction | p. 1 |
Overview of Swiss History and Political Institutions | p. 1 |
Birth, Growing Pains | |
Ancient Historical Institutions: The Diet and Confederal Arbitration | |
Modern Times | |
Sources of Law | p. 5 |
Enacted Law | |
Customary Law | |
Judicial Decisions | |
Works of Legal Scholars | |
Divisions of the Law (Public Law and Private Law) | p. 8 |
The 'Rule of Law' | p. 10 |
In Theory | |
In Practice | |
Jus et Equitas | |
Three Official Languages | p. 11 |
Conclusion | p. 12 |
The Swiss Federal Constitution | p. 15 |
A Brief Description of the Constitution | p. 15 |
The Nature of the Constitution | |
The Style of the Constitution | |
History of the Constitution | p. 16 |
Until 1848 | |
The Constitution of 1848 | |
The Constitution of 1874 | |
The Partial Revisions between 1874 and 1999 | |
The Long Way to a Totally Revised Constitution | |
Modes of Revision | p. 19 |
General Contents of the Constitution | p. 20 |
Fundamental Rules | |
Injunctions upon the Legislator | |
Unwritten Rules Implied in the Constitution | p. 23 |
Measures of Control over the Application of the Constitution | p. 23 |
Political Controls | |
Judicial Controls | |
The Constitution and Political Reality | p. 24 |
Selected Bibliography | p. 26 |
Cantonal and Federal Administrative Law of Switzerland | p. 27 |
Introduction | p. 27 |
Constitutional Influences on Swiss Administrative Law | p. 28 |
Federalism | |
Cantonal and Federal Administration | |
Democracy | |
Court System | |
General Principles of Swiss Administrative Law | p. 33 |
The Administrative Order | |
The Principle of Legality | |
The Principle of Due Process | |
The Principle of Proportionality--Appropriateness | |
The 'Estoppel' Principle: The Obligation of the Administration to Act in Good Faith | |
New Public Management | p. 41 |
The Protection of Property | p. 42 |
The Protection of Real Property and of Vested Rights | |
State Responsibility | |
Taxes | |
Selected Bibliography | p. 46 |
Law of Persons | p. 47 |
General | p. 47 |
Natural Persons | p. 47 |
Beginning and End of Personality | |
Civil Capacity | |
Name | |
Domicile | |
Protection of Personality | |
Legal Persons | p. 54 |
Associations | |
Foundations | |
Selected Bibliography | p. 58 |
Family Law | p. 59 |
Introduction | p. 59 |
Husband and Wife | p. 60 |
Marriage and Cohabitation | |
Engagement to Marry | |
Making a Marriage | |
Effects of Marriage as between the Spouses | |
Matrimonial Property | |
Divorce and Judicial Separation | |
Parent and Child | p. 68 |
Fundamental Principles of Child Law | |
Establishment of Parentage | |
Effects of Parentage | |
Parental Authority | |
Adoption | |
Guardianship and Other Protective Measures | p. 73 |
General Principles | |
Guardianship | |
Curatorship | |
Legal Adviser | |
Civil Commitment | |
Selected Bibliography | p. 76 |
Law of Inheritance | p. 77 |
Introduction | p. 77 |
Principles Governing the Law of Inheritance | p. 77 |
The Immediate Transfer of the Estate as a Whole | |
The 'Saisine' | |
The Joint Ownership of the Estate | |
The Necessity of an Heir | |
Intestate Succession | p. 78 |
Partental Ties | |
Marital Ties | |
The State | |
Testate Succession | p. 80 |
Principles of Testamentary Dispositions | |
Formalities Required for Testamentary Dispositions | |
Kinds of Disposition | |
The Limitations Imposed by the Compulsory Portion | |
Transfer, Conservation and Restoration of the Estate | p. 87 |
Intervention of the Probate Authority | |
Claim to Recover Inheritance | |
Limitation of Liability for Debts and Protection of the Creditors | p. 87 |
Limitation for the Debts | |
Protection of the Creditors | |
Partition of the Estate | p. 89 |
General Principles | |
Hotchpot | |
Procedure of Partition | |
Competent Jurisdiction | p. 91 |
Taxation of the Estate | p. 91 |
Selected Bibliography | p. 92 |
Law of Property | p. 93 |
In General | p. 93 |
Subject | |
Background | |
Land and Chattels | p. 94 |
Jus in Rem and Personal Right | p. 95 |
The Identity of Objects | p. 95 |
The Transfer of Property | p. 97 |
Fiduciary Rights ('Trusts') | p. 98 |
Legal Protection of Property | p. 98 |
Protection of Good Faith Acquisition | p. 99 |
Common Ownership and Apartment Property | p. 100 |
The Duties to the Neighbor | p. 100 |
Property Reserved to the Seller | p. 101 |
Servitudes | p. 102 |
Mortgage of Land | p. 103 |
Pledge of Chattels | p. 104 |
The Land Register | p. 104 |
Selected Bibliography | p. 106 |
Law of Contracts | p. 107 |
General Remarks on the Swiss Law of Obligations | p. 107 |
Historical Background and Influence Abroad | |
Evolutions to be Expected in the Future | |
Basic Elements of Contracts | |
Principle of Freedom of Contract | |
Contracts as Basis for Obligations: No Translative Effect | |
System of the Legislation; Comparison with Foreign Law | p. 110 |
Formation of Contracts in General | p. 111 |
Survey of the Positive Prerequisites of Validity | |
Form-requirements | |
No Requirement of Consideration | |
Negative Elements Making a Contract Void | |
Formation of Contract (Consensus; Offer and Acceptance) | p. 114 |
Conclusion of Contracts by Representatives | p. 115 |
Non-commercial Representation | |
Commercial Representation | |
Interpretation; Vitiating Elements in the Consensus | p. 116 |
Interpretation in General | |
'Dissensus' Distinguished from 'Error' | |
Error | |
Fraud, Duress | |
Protection of Consumers | |
Subsequent Impossibility of Performance | |
Frustration | |
Breach of Contract | p. 119 |
Specific Performance | |
Damages as General Remedy for Breach | |
Consequences of Delay | |
Discharge by Breach | |
Restitution | p. 123 |
General Remarks | |
Restitution of a Benefit Granted by the Party Claiming Restitution | |
Restitution of Unjustly Appropriated Value | |
Restitution of Value Transferred by Chance | |
Extra-contractual and Quasi-contractual Obligations | p. 125 |
General Remarks | |
Obligations Resulting from Facts of the Debtor | |
Obligations Resulting from Acts of the Debtor | |
Obligations Resulting from 'Culpa in Contrahendo' | |
Assignment and Other Transfers | p. 130 |
Preliminary Remarks | |
Assignment of Choses in Action | |
Assumption of Obligations | |
Transfer of Business-enterprises with Assets and Liabilities | |
Transfer of the Position as a Party to a Contract to a Third Party | |
Set-Off | p. 133 |
Negotiorium Gestio | p. 134 |
Limitations of Actions | p. 136 |
Special Types of Contracts | p. 137 |
General Remarks | |
Sale | |
Letting and Hiring (Rent) | |
Contract of Manufacture | |
Agency (Mandate) and Similar Types of Contracts | |
Selected Bibliography | p. 143 |
Torts | p. 145 |
Generally | p. 145 |
The Concept | |
Distinctions | |
Sources | |
Conditions of Civil Liability | p. 147 |
General Conditions | |
Aquilian Liability | |
Simple Causal Liability (Simple Objective Liability) | |
Liability for Risk (Aggravated Objective Liability) | |
Indemnity for Pain and Suffering | |
Effects of Civil Liability | p. 157 |
General Principles | |
Evaluation of Damage | |
Setting Damages | |
Particularities of the Indemnity for Pain and Suffering | |
Concurrent Liabilities | |
Claim for Damages | p. 161 |
The Rules on the Statute of Limitations | |
The Rules of Procedure | |
Selected Bibliography | p. 163 |
Commercial Law, Competition Law and Intellectual Property | p. 165 |
Corporations and Partnerships | p. 165 |
Introduction | |
Joint Stock Corporations | |
Other Companies and Cooperatives | |
Partnerships | |
Competition Law | p. 184 |
Law against Unfair Competition | |
Law on Cartels and Similar Trade Practices | |
Patents, Trademarks and Copyrights | p. 190 |
Protection of Inventions | |
Trademarks | |
Copyright Law | |
Designs and Models | |
The Semi-conductor Topography ('Chips') | |
Selected Bibliography | p. 195 |
Banking Law | p. 197 |
Public Banking Law | p. 197 |
Constitutional Basis | |
Legal Sources | |
Market Participants | |
Transaction Rules | |
Private Banking Law | p. 211 |
Basis of the Contractual Banking Relationship | |
Types of Banking Relations | |
Selected Bibliography | p. 216 |
Law of Taxation | p. 217 |
Introduction | p. 217 |
The Tax System | |
Administration | |
Federal Direct Tax | p. 219 |
Introduction | |
Tax Liability | |
Taxable Income | |
Federal Tax on Profit of Corporations | |
Tax Period | |
Computation of the Tax and Tax Rates | |
Special Cases | |
Federal Anticipatory Tax | p. 223 |
Introduction | |
Income Subject to Tax | |
Tax Rates | |
Procedure | |
Federal Stamp Tax | p. 227 |
Value Added Tax | p. 227 |
Federal Tax on Gambling Houses | p. 228 |
Miscellaneous Cantonal Taxes | p. 228 |
Inheritance and Gift Taxes | |
Taxes on Transfer of Real Property | |
Property Taxes | |
Conventions for the Avoidance of Double Taxation | p. 229 |
Common Principles | |
The Swiss Legislation to Counteract Abuses of Tax Conventions | |
Labor Law | p. 233 |
Short Introduction | p. 233 |
Swiss Rules Concerning Private International Law and Place of Jurisdiction | p. 233 |
Private International Law | |
Place of Jurisdiction | |
Individual Employment Relationship | p. 234 |
In General | |
Individual Employment Contract | |
End of the Employment Contract | p. 239 |
Different Forms of Termination | |
Protection against Termination and at an Improper Time | |
Collective Redundancies | |
Transfer of the Employment Relationship | |
Consequences of Termination of the Employment Relationship | p. 242 |
Strike | p. 242 |
Definition | |
Conditions for a Legal Strike | |
Civil Consequences of the Strike | |
Selected Bibliography | p. 244 |
Criminal Law | p. 245 |
Sources of Swiss Criminal Law | p. 245 |
Preliminary Note | |
Constitutional Level | |
The Swiss Penal Code | |
Other Penal Legislation | |
Cantonal Legislation | |
Case Law | |
Legal Doctrine | |
The Scope of Application of the Penal Code | p. 250 |
As to Time | |
Regarding the Place of the Offense | |
Regarding the Offender | |
General Rules on Offenses | p. 252 |
Classification of the Offenses | |
Crimes of Omission | |
Self-defense and Similar Defenses | |
Criminal Responsibility | |
Mens Rea | |
Specific Preconditions of Punishment | |
Periods of Limitation (Prescription) | |
Criminal Attempt | |
Participation | |
Criminal Sanctions | p. 262 |
Sanctions | |
Measures against Persons | |
Measures against Objects | |
Sentencing Rules | |
The Execution of Custodial Sentences | |
Selected Bibliography | p. 268 |
Law of Criminal Procedure | p. 269 |
Laws on Criminal Procedure | p. 269 |
General Remarks | |
Constitutional Level | |
Statutes on Criminal Procedure | |
Case Law and Legal Doctrine | |
The Criminal Justice System | p. 272 |
Prosecuting Authorities | |
Trial Courts | |
The Parties to the Criminal Proceedings | p. 274 |
Preliminary Observation | |
The Defense | |
The Victim | |
Governing Principles of Criminal Proceedings | p. 276 |
Preliminary Observation | |
General Principles | |
Trial Procedures | |
The Law on Evidence | p. 278 |
General Rules | |
Individuals as a Source of Information and Evidence | |
Technical Evidence | |
Coercive Measures | p. 281 |
Preliminary Observations | |
Arrest and Detention | |
Search and Seizure | |
Examination of Body and Mind | |
Interference with the Right to Privacy | |
Special Forms of Procedure | p. 283 |
Private Prosecution | |
The Penal Order: The Swiss Form of Plea Bargaining? | |
Proceedings in the Absence of the Defendant | |
Proceedings against Children and Juveniles | |
Remedies | p. 284 |
Types of Legal Remedies in Criminal Proceedings | |
Appeals before the Federal Supreme Court | |
The Individual Application to the European Court of Human Rights | |
The Petition for Re-trial | |
Selected Bibliography | p. 286 |
Law of Civil Procedure | p. 287 |
Sources of Civil Procedure Law | p. 287 |
Main Principles of Swiss Civil Procedure | p. 288 |
Court Structure | p. 288 |
Persons Participating in the Administration of Justice | p. 290 |
Judges and Court Reporters or Clerks | |
Attorneys | |
Notaries | |
Parties | p. 290 |
Commencing an Action | p. 292 |
Competence | |
Territorial Jurisdiction | |
Pleadings | |
Evidence | p. 294 |
Burden of Proof | |
Admissibility | |
Documents | |
Witnesses | |
Experts | |
Questioning of Parties | |
Special Procedures | p. 295 |
Rendition of Judgment | p. 295 |
Appeal and Other Means of Redress | p. 296 |
Court Costs, Attorney's Fees and Legal Aid | p. 296 |
Enforcement | p. 296 |
Arbitration | p. 297 |
Selected Bibliography | p. 299 |
Private International Law | p. 301 |
Introduction | p. 301 |
Characteristics | |
General Provisions | |
Natural Person | p. 305 |
The Status of Natural Persons | |
Marriage and Relationship between Parent and Child | |
Inheritance | |
Property | p. 308 |
In General | |
Pledge of Movable Property and Retention of Title | |
Intellectual Property | |
Contracts, Torts and Corporations | p. 310 |
Law of Obligations | |
Corporations | |
Bankruptcy | |
International Arbitration | p. 314 |
Scope of the PIL | |
Arbitrability | |
The Arbitration Agreement | |
Procedure | |
Appeal | |
Selected Bibliography | p. 318 |
Bibliography on Swiss Law (in English) | p. 319 |
General | p. 319 |
Constitutional Law and Administrative Law | p. 319 |
Law of Persons and Basic Principles of Private Law | p. 321 |
Family Law and Law of Inheritance | p. 322 |
Property | p. 323 |
Contract and Tort Law | p. 323 |
Commercial Law and Business Associations | p. 324 |
Industrial and Intellectual Property | p. 328 |
Air Law | p. 331 |
Banking Law | p. 331 |
Tax Law | p. 333 |
Labor Law and Social Insurance Law | p. 335 |
Private International Law | p. 335 |
Public International Law | p. 338 |
Civil Procedure and Arbitration | p. 339 |
Criminal Law and Procedure | p. 341 |
Translation of Official Texts | p. 342 |
Index | p. 345 |
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