Blog - Kanzlei Pilatushof

Right of inspection of a shareholder

Shareholders of a GmbH have a right of inspection. Art. 802 para. 2 CO regulates the scope. What does it cover?

New membership!

We are pleased to be a member of LAWROPE – International Group of Lawyers since January 2024. The network of 18 law firms from 16 different countries with representatives throughout Europe, North and South America is an enrichment for our law firm and allows us to solve cross-border legal issues in a client-centred and professional manner.

Is termination due to poor work performance abusive?

A termination is not abusive if it was given due to unsatisfactory work performance (BGer 4A_131/2023 of June 22, 2023).

Happy New Year!

Every year, the night sky lights up in bright colours on New Year’s Eve and fireworks go off all over the world. However, setting off fireworks is not always permitted and – if done incorrectly – can go very wrong.

Personal contact with the non-custodial parent

Parents can be denied or deprived of the right to personal contact if this would jeopardise the child’s welfare. However, the Federal Supreme Court is somewhat reserved in its judgement on this question.

Is prevention better than cure? Considerations on the establishment of a precautionary order

In addition to the living will and the power of attorney, the advance care directive is one of the living wills. It designates a natural or legal person to take over personal and/or financial care, including representation in legal transactions, in the event that the author becomes incapable of judgement.

Rent disclosure after renovation

In principle, in Lucerne and other cantons that require the use of forms, the official form approved by the canton must be used when concluding a new tenancy agreement. As a rule, this must contain details of the initial rent and the reasons for any increase. But what happens if a flat has been recently renovated?

New addition!

As of December 2023, Ms Julia Manetsch will join the Pilatushof law firm team. With her friendly and upbeat manner, she will be an ideal addition to the team. Welcome – we look forward to welcoming you!

Under what conditions can a resolution of the Annual General Meeting be contested?

In a public limited company, the law of the jungle applies. The Annual General Meeting passes resolutions by a majority of the votes represented (with the exception of special cases; OR 703). However, the losing shareholders are not at the mercy of the majority without protection.

“A mobile phone base station is to be built next to my house. How can I oppose this?”

Very few people would be happy if a mobile phone base station were to be built next to their house. What you can do about it and what objections are possible under certain circumstances.