Publications
Now showing items 1-20 of 63
Le secret médical
(2021)
Medical secrecy is going through a troubled period today. The multiplication of health care providers, technological progress and the pressure of financial policies tend to put pressure on this institution and to redefine ...
Le contrôle des concentrations d’entreprises
(2021)
The merger control test is being questioned in Switzerland. Many commentators are in favor of transposing the European law in this field and its SIEC test for "Significant Impediment to Effective Competition" into the Swiss ...
Kooperative Raumplanung
(2021)
Cooperative planning is a potent approach for steering quality settlement development inwards. With the combination of (special) use plans and urban development contracts, they come into play where traditional spatial ...
L'harmonisation des lois cantonales d'aide sociale
(2021)
The federal constitution gives the Swiss cantons a great deal of freedom to regulate their social welfare systems. There are still great differences in this area. People living in Switzerland, depending on their place of ...
Unter Gleichen
(2021)
This year's XXII edition of the APARIUZ series, entitled "Unter Gleichen" ("Among Equals"), programmatically takes up the fiftieth anniversary, scheduled for 2021, of one of the most significant legal-historical and political ...
Miteigentum an Grundstücken und einfache Gesellschaft
(2021)
Although there is agreement that a pro rata entitlement is permissible in the simple partnership, the necessary interaction of Art. 646 ff. ZGB on co-ownership law and Art. 530 ff. OR on the law of the simple partnership ...
Ablehnungs- und Umsetzungsraten von Organtransplantationen – mögliche Ursachen und denkbare Auswege
(2021)
The work deals intensively with the very complex topic of post-mortem organ donation and the question of why it is that not all organs of potential organ donors are considered in transplantation. It covers central questions ...
Datenschutz bei drohnengestützter Datenbearbeitung durch Private
(2020)
The usage of drones is constantly increasing, even among private individuals. Anyone who hears or sees a drone usually does not know whether he is being observed or filmed and whether the recorded material is being broadcast ...
Was ist Strafverteidigung?
(2021)
Few professions elicit such ambivalent feelings as criminal defense: If criminal defense lawyers win an innocent man an acquittal, they are admired. If, on the other hand, the criminal defense stands up for the rights of ...
20 ans de transparence à Genève
(2022)
A few years before Confederation, the canton of Geneva adopted a law on transparency, the objective of which is to promote the free formation of opinion and participation in public life. LIPAD celebrated its 20th anniversary ...
Der Mietvertrag mit mehreren Mietern
(2023)
Tenancy agreements with several tenants are widespread (e.g. shared apartments or rent by married or unmarried couples). A joint tenancy also arises in the case of inheritance, if the deceased tenant leaves several heirs. ...
International anwendbare Streitgenossenschaftsgerichtsstände
(2023)
Although the forum of the cooperative dispute has been known to some legal systems for more than two centuries, the institute is still very challenging for jurisprudence and doctrine today. This paper aims to contribute ...
Zur Geschichte des Eigengebrauchs im schweizerischen Urheberrecht - Entwicklung, Erkenntnisse, Quellen
(2023)
The regulation of personal use is the most important barrier to Swiss copyright law. It largely frees the use of copyrighted works by private individuals, in the classroom and within companies and other organizations, but ...
Kritik der objektiven Zurechnung
(2022)
In German literature, the doctrine of objective attribution has long since established itself as the prevailing opinion. In Switzerland, it has found its way into the literature and has already been included in the case ...
Das Verbot von extremistischen Organisationen im schweizerischen Recht
(2023)
Bans on organizations are not part of the traditional range of instruments used in dealing with extremist phenomena in the Swiss legal system. In recent years, however, there has been a paradigm shift in this regard, ...
Das pactum de non cedendo im System der Unabtretbarkeit von Forderungen
(2025)
If a debtor and creditor agree that a claim may not be assigned (a so-called pactum de non cedendo), any assignment made in breach of this agreement is, under current Swiss law, generally considered invalid. Such clauses ...
Dangerosité : du juge influencé par l'expert au juge indépendant
(2025)
In our Western society, which has become intolerant of risk, the identification, treatment and management of “dangerous offenders” have taken on a predominant role in criminal law enforcement in recent years.
In the current ...
La cybersécurité des infrastructures critiques et la gestion de cyberincidents en droit suisse
(2025)
There is an undeniable need for cybersecurity in Switzerland today, particularly when it comes to critical infrastructures — that is, infrastructures essential to the population, society, or the national economy. Regulation ...