14 December 2017
Basel Swiss Civil Procedure Code (CPC) Day: News in Civil Procedure and Enforcement Law
The Basel CPC-Day 2017 held on 3 November 2017 (see here for the program - in German only) dealt with current practical questions and news concerning the various kinds of civil procedures and enforcement. Particularly important for both creditors and debtors are that an element of risk is no longer required for an attachment based on a judgment and that there are new trends regarding interrupting the statute of limitations by debt enforcement.Read more
07 December 2017
Will foreign judgments on avoidance actions be recognized in Switzerland?
Avoidance Actions – What are they?
Debtors may be tempted to protect assets from access by a possible foreclosure. The avoidance action (also called "Pauliana") gives the bankruptcy administration, and under certain conditions the creditors, the opportunity to challenge such legal acts of the debtor. Upon approval of the actions, the assets will be foreclosed.
12 October 2017
Liability in company law: actions and defense
Actions and their interrelation
In the case of damage caused by the directors and managers to the company, its shareholders or its creditors, the question arises as to which actions are at the disposal of the aggrieved party and what is the interrelationship of these actions. Can the various actions be brought at once or only in a specific order? The defendants often argue that given the (alleged) subsidiarity of the action taken, the claimant should bring another action against one or more third parties first.Read more