Blog - Kanzlei Pilatushof

Easements “forever”?

A so-called “right to a view” is often asserted in construction projects. Although there is no statutory right to this, old civil law agreements (easements) in the land register could establish such a right. These agreements, which often made sense in the past, can block a construction project years later.

Loss of keys in a rented flat

You come home to find the doors locked. Perhaps you left the key on the bus or it has fallen out of your jacket pocket. But what do you need to do in this situation and who pays for the costs?

Now also on duty as an on-call defence lawyer!

We are very pleased that Mr Yasin Cetin will be a member of the Association Pikett Strafverteidigung Luzern from 1 January 2025.

Who inherits before divorce?

If you are not yet divorced, but merely separated, the spouse remains the legal heir. This is because the statutory right of inheritance only ends with the divorce.

Duty to weigh up interests

With every construction project, it is necessary to carefully weigh up the various interests – this also applies to projects that appear unproblematic at first glance. Public interests such as landscape protection or energy supply often have to be weighed against each other.

Re-zonings

In the canton of Lucerne, numerous municipalities are obliged to reduce the size of their oversized building zones in order to meet the requirements of the revised Federal Spatial Planning Act. Landowners who have not realised any building projects therefore risk losing their ‘building status’.

How is pillar 3a treated under inheritance law?

For a long time, it was disputed whether pillar 3a pension assets held with a bank foundation were included in the estate. However, it was clear that pension assets held with pillar 3a insurance institutions were not included in the estate.

Employment contract regulations

‘I have a new job in a company that sent me the employment contract in advance so that I could check it. Now I’ve noticed a few things in the contract that I’ve never seen in previous employment contracts. That’s why I’m wondering what is actually mandatory in an employment contract.’

No right to a view – so create security

In the context of building objections, objectors often assert a supposed ‘right to a view’. It would be nice – but there is no legal basis in public law. Has the legislator really ignored this frequent concern?

Liability of a silent partner

In judgement 4A_342/2023 of 5 June 2024, the Federal Supreme Court states that a silent partnership is not sufficient to establish joint and several liability. This also applies if the relationship is known to the outside world.