Are the termination benefits from the occupational benefit scheme (second pillar) to be divided equally in the event of divorce?
Pursuant to Art. 122 of the Swiss Civil Code (ZGB), occupational pension entitlements accrued during the marriage up to the time divorce proceedings are initiated must be equalised. The acquired termination benefits, including vested benefits and advance withdrawals for home ownership, must be divided equally in accordance with Art. 123 para. 1 of the Swiss Civil Code.
Reinforcement in Lucerne!
From September 2024, we are pleased to welcome Ms Zinarin Nergiz to the secretarial team at the Pilatushof law firm.
How long do I have to pay child support?
The maintenance obligation towards children generally ends when the children reach the age of majority, i.e. 18 years of age (Art. 277 Para. 1 ZGB). However, there is an exception to this rule: if your child has not yet completed their first full education by the time they turn 18, the maintenance obligation continues to apply in accordance with Art. 277 Para. 2 ZGB until the child has completed their education.
Extraordinary termination in the event of unauthorised subletting
Subletting is only permitted if the tenant intends to live in the rented property again in the near future. If this intention cannot be clearly established, extraordinary termination by the landlord is possible.
Claiming the reference letter
If an action is brought for a reference, the employee is free to directly request the specific content of the reference in accordance with a pre-formulated text. This prevents an action for rectification having to be brought later.
New criminal law on sexual offenses from July 1, 2024
On July 1, 2024, the new sexual criminal law came into force, including the new definition of rape – the most important changes.
Property purchase and lost securitized promissory note – what to do?
Liens are often encumbered on properties, as these were necessary to finance the property. A distinction is made between mortgage notes and mortgage bonds.
Reinforcement in Lucerne!
From July 2024, Ms. Samira Andreozzi will join the secretarial team of the Pilatushof law firm.
If companies do not meet the requirements for exemption from the obligation to appoint an auditor, they must appoint an auditor and have it entered in the commercial register.
If a company fails to make this election and registration, the company has an organizational deficiency. If this organizational deficiency is not remedied, the company can be dissolved by the court.
What is a contract for work and services?
The contract for work and services regulates the relationship between a contractor and a customer. Under the contract, the contractor undertakes to produce a work and the customer undertakes to pay for it. It is regulated in the Swiss Code of Obligations (OR) in Art. 363 ff. The contract for work and services normally ends with the completion of the work.