The independence of judges at the Federal Supreme Court Is it normal for a Vaud judge on our Federal Supreme Court to rule on a Vaud case? Do the other cantons allow such a practice? Daniel The right to be judged by a competent, independent and impartial tribunal is guaranteed by Article 30 of the Federal Constitution, so it is mandatory in any case...
Tax on rental value " I own the flat I live in. How does the so-called "rental value" tax work, and how is it calculated?" Yves, Geneva As the owner of a property, you are not only subject to wealth tax, but also to tax on the rental value of your...
Honour and defamation "I would like to know whether honour is still protected by the law. It has been reported to me that someone knowingly spoke disparagingly of me this summer, claiming in particular that I had committed various offences, which is not in fact the case. I have the impression that these days the...
The heirship and its disagreements When a person dies, Swiss law provides that all the heirs, whether legal or instituted, form the "community of heirs". This community, more commonly known as the "heirship", is a stage in the liquidation of the estate until each of the heirs individually becomes the owner of the share to which they are entitled....
Exercising joint parental authority "I have a child over whom I have joint custody and parental authority. However, his father requires me to ask for his consent for any activity our son undertakes, whether it's moving within a 2 km radius or simply allowing him to spend the night at a friend's house! According to...
The state of lawful necessity" There has been a lot of press coverage of this ruling on the occupation of a Crédit Suisse branch by climate activists. I was astonished to read that the defendants were acquitted by the court on the grounds of "lawful necessity". What conditions must be met...
Can a lawyer withdraw from a client at any time? "My lawyer recently decided to stop defending me, citing an allegedly aggressive tone in one of my letters. Did he have the right to do this while the proceedings were still in progress? Is there anything I can claim? Richard, Geneva The lawyer is bound...
The opposing lawyer lied! "In a civil law dispute, I believe that the opposing lawyer lied to get his way. Can I take direct action against this lawyer because, in order to satisfy his client, he did not present the facts to the judge in an honest manner?
Health insurance for foreign nationals " Is membership of a Swiss health insurer compulsory if you live or work in Switzerland? Where do cross-border commuters who work in Switzerland and unemployed people who live in the European Union have to join?" Malorie, Geneva According to Article 3 of the LAMal, all persons domiciled in Switzerland must be insured...
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