He refuses to divorce "I have asked my husband to leave the marital home but he does not agree. I want to start divorce proceedings, but my husband also refuses. What are my rights and the consequences of his attitude? What can I do? Delphine, Geneva According to art. 172 of the...
Recusal AI Article 29 of the Federal Constitution states that everyone has the right to have their case heard fairly and decided within a reasonable time in judicial or administrative proceedings, a principle enshrined in Article 36 of the Federal Act on the General Part of Social Insurance Law...
Recovering property "I recently paid a deposit of CHF 4,000 on an item, but in the meantime the company has gone bankrupt. What can I do to get my money back? Serge, Onex When a person or company goes bankrupt, the Bankruptcy Office makes an inventory of all the bankrupt's seizable assets....
Debt recovery Recovering what you owe can sometimes be a real obstacle course. You have to start by giving the debtor formal notice to pay the sum due by a specific date, if only to set the starting point for late payment interest, which is legally 5% per annum, a rate that is not...
Termination of a lease for non-payment Unfortunately, owners of residential or commercial premises are sometimes faced with tenants who fail to pay their rent on time. But while Swiss law provides for rights that are often discussed, it also imposes obligations on both landlords and tenants, so when a...
Rent reduction for renovation According to article 260 of the Swiss Code of Obligations, the lessor only has the right to renovate or modify the rented property if the work can reasonably be imposed on the tenant and the lease has not been terminated. Renovation or alteration work may therefore only be undertaken during the term of the lease...
Rent reduction: not always hot! At the beginning of the year, I told my landlord about a fault with the oven in the flat I was renting. Despite my repeated phone calls, no-one intervened to repair it. As a result, I couldn't heat my food for several months. Fed up with this negligent attitude, I terminated the tenancy...
Buying back a deed of default? "I've heard that it's possible to buy a deed of default from a creditor... If so, what are the procedures to be followed with regard to the creditor, the debtor and the debt enforcement and/or bankruptcy office? Jean, Geneva At the end of a...
Company takeover: employee rights "My company has just been taken over by another company. As my contract is open-ended, what will happen to my bonus, overtime and salary conditions with my previous employer?" Valérie, Givrins What is commonly known as a company takeover is in fact a case of...
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