Publications
Now showing items 1-63 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 ...
Der Staatsanwalt als Richter
(2025)
Custodial sentences are among the most severe sanctions that can be imposed by a state. The European Convention on Human Rights therefore guarantees that custodial sentences may only be imposed by a court. However, the ...
Zielkonflikt zwischen Lärmschutz und Siedlungsverdichtung
(2023)
The conflict between settlement density and noise protection leads to challenges in spatial planning and construction projects. The pressure to densify settlements is constantly increasing. At the same time, traffic, ...
Le profilage dans le cadre d'une procédure d'embauche entre particuliers
(2023)
The new data protection law now contains a legal definition of profiling. The question of the extent to which profiling is legal as part of a recruitment process that is subject to Swiss private law has not yet been addressed ...
Füllung der Gesetzeslücken im schweizerischen Adhäsionsverfahren
(2022)
Adhesion proceedings enable civil claims to be assessed in criminal proceedings. Its legal regulation in Art. 122 ff. StPO is, however, very rudimentary and incomplete. Jurisprudence and doctrine have so far hardly addressed ...
Der Anscheinsbeweis im schweizerischen Zivilprozess
(2022)
This paper is devoted to a special form of "proving" in civil proceedings. The prima facie evidence is about proving a causal connection with life experience and common knowledge. The term "prima facie evidence" appears ...
Recht in der Krise
(2022)
How does the law react to real crises and what is the problem-solving power of legal regulation in difficult situations? Conversely, do crises also have an impact on how the law works – and should they have one at all? In ...
Tötungsdelikte in der Schweiz von 1990 bis 2014
(2022)
Homicides are among the most serious offenses with serious consequences both for the relatives of victims and perpetrators and for the sense of security of the general population. This book is based on the Swiss Homicide ...
Digitales Verwaltungshandeln
(2021)
"At a time when most everyday tasks can be performed online, public administration is also facing increasing demands in terms of accessibility, availability and simplification of its services. For this reason, numerous ...
Vertragliche Rechtsfolge der «Verwendung missbräuchlicher Geschäftsbedingungen»
(2021)
This dissertation seeks an answer to the question of what the "contractual legal consequence" - i.e., the effect on the contract - is when parties conclude a contract that contains general terms and conditions that are ...
Die Staatsunabhängigkeit der Medien
(2022)
If the journalistic media are to be able to effectively perform their essential democratic tasks of forming public opinion and controlling state power, they must be independent of the state. At the same time, this state ...
Digitale Ökonomie: Erforderlichkeit sektorspezifischer ex-ante Regulierung?
(2023)
Worldwide, the demand for digital services is concentrated on a few, extremely powerful companies. An international competition policy debate has been initiated as to the extent to which ex-post abuse control under competition ...
Expedited Procedures in International Commercial Arbitration
(2023)
International arbitration has enjoyed remarkable success. However, in recent years repeated concerns relating to the efficiency of the proceedings have emerged. These concerns have led to the introduction of provisions for ...
Indeterminacy of International Law?
(2021)
The most important (in)determinacy theses in international law since the 1920s are scrutinised in this book. As Severin Meier demonstrates, the extent of legal determinacy depends neither on some linguistic essence found ...
Verantwortlichkeit des Fahrzeughalters bei geringfügigen Widerhandlungen gegen das schweizerische Strassenverkehrsrecht durch eine unbekannte Täterschaft
(2024)
The present work provides an overview of the ordinance fine procedure and deals in depth with Article 7 of the OBG. This provision governs the basic liability of the vehicle owner in cases of minor violations of Swiss road ...
Strafrechtliche Dopingbekämpfung in der Schweiz
(2024)
The present dissertation deals with the role of criminal law in combating doping, particularly focusing on the regulation of self-doping. The central question underlying this work is whether Switzerland should introduce a ...
Gerechte Strafen ohne Gleichheit?
(2025)
When sentencing, courts must find an appropriate punishment in the area of conflict between individualization and equal treatment. In the dogmatic part, this dissertation shows that individualization is wrongly given ...
Das Verfahren vor dem Berner Kindes- und Erwachsenenschutzgericht
(2020)
In the canton of Bern, the Child and Adult Protection Court performs the tasks of the judicial complaints authority in child and adult protection matters. It forms part of the civil department of the higher court and is ...
Court Assistance in the Taking of Evidence in International Arbitration
(2020)
Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal’s lack of coercive power is thrown into particularly ...
Die privatisierte Erfüllung staatlicher Aufgaben
(2020)
Can privatizations live up to the expectation of reducing the size of the state? Or will the fears be proven true that privatization can push back on democratic principles and the rule of law? This study tackles four ...
Die Rechnungsstellung im schweizerischen Obligationenrecht
(2020)
Although invoicing is of great importance in practice, there is no fundamental treatment of its effects in the area of application of the Code of Obligations in the Swiss civil law literature. The present study entitled ...
Seeking Convergence?
(2022)
Since 2009 two courts have been shaping human rights of asylum seekers in Europe: the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). Side by side, the courts examined who is protected ...
Introduction to Swiss Law
(2022)
What are the origins of direct democracy in Switzerland? How does the Swiss judiciary function? What are the principles of Swiss civil, contract and administrative law? What is the role of public service broadcasting in ...
Strafzumessung und Doppelverwertung
(2023)
Long before the Swiss Criminal Code was enacted with its provisions on sentencing, the assessment of the specific punishment in individual cases was seen as the most difficult and demanding, but also the most important ...
Das Kompensationsprinzip im Schweizer Raumplanungsrecht
(2023)
Again and again there are demands on the land that are understandable, but are hardly compatible with the constitutional goals of economical land use and separation of building areas and non-building areas. In such situations, ...
Wirtschaftliche Berechtigung
(2023)
Despite increasing prevalence and relevance, fundamental questions about economic justification remain unresolved: Are there relationships and connections between different use cases? Is there a uniform concept? How should ...
Der Prozess
(2023)
Processes play a central role in legal science. The XXIV edition of the APARIUZ series puts the court process in the foreground and at the same time opens our eyes to other legal processes. In addition to procedural issues, ...
Die Indirekte Stellvertretung
(2023)
Indirect representation has so far only been treated rudimentarily, especially in German-language literature. The present study entitled “Indirect Representation – at the same time a contribution to the doctrine of consent ...
Der Prozess
(2023)
Trials play a central role in jurisprudence. The XXIV edition of the APARIUZ series focuses on the court process and at the same time opens up a view of other processes in law. In addition to procedural issues, the authors ...
Die Nichtigkeit im öffentlichen Recht
(2024)
In Swiss administrative law, the nullity of (state) acts that have legal effects has so far been decided on the basis of the evidence theory. This work contrasts the theory of evidence with the constitutional concept of ...
Between Islamic and Secular Law
(2024)
Bei der Beschreibung der Rechtssysteme und Gesetze der heutigen mehrheitlich muslimischen Staaten in der Region des Nahen Ostens und Nordafrikas werden zwei Kategorien von Gesetzen unterschieden: eine aus dem islamischen ...
Blockchain and Collective Rights Management of Copyright and Related Rights at the Global Level
(2024)
Online music streaming has become an important source of revenue within the music industry, but the necessary licensing of musical works and sound recordings can still be quite cumbersome. The thesis discusses what blockchain ...
Die Verantwortungsgemeinschaft
(2024)
As a proposal for considering care work in Swiss civil law, this dissertation introduces the concept of the 'Verantwortungsgemeinschaft.' Its purpose is to guarantee financial security for individuals performing care work. ...
Auswirkungen des BEPS-Projekts der OECD auf die Steuerordnung der Schweiz: Umsetzung des Aktionspunkts 5
(2024)
The OECD initiated the BEPS project to combat what it considers harmful tax avoidance practices by multinational corporations like Amazon or Google. According to the OECD, this effort was made to build a more transparent ...
Constitutional Rights in the Digital Context
(2026)
The research discusses regulatory deficits at the intersection of constitutional law and its practical affordance in the digital era. This dissertation is based on the legal policy objective of evaluating future regulations ...
Frozen Conflicts in International Law
(2026)
The term «frozen conflict» is commonly understood as a blurred state between war and peace. It typically refers to disputes in the post-Soviet space, namely South Ossetia and Abkhazia in Georgia, Transnistria in Moldova, ...
Reparation for Climate Change: The Successes and Limits of Litigation
(2026)
Climate lawsuits have reached the courts. While the initial rulings primarily address the obligations of states and major CO₂ emitters, future cases will require courts to consider issues of compensation. This volume aims ...
