Publications
Now showing items 1-40 of 93
Die Rechnungsstellung im schweizerischen Obligationenrecht
(2020)
Although invoicing is of great importance in practice, there is no fundamental treatment of its effects in the area of application of the Code of Obligations in the Swiss civil law literature. The present study entitled ...
Füllung der Gesetzeslücken im schweizerischen Adhäsionsverfahren
(2022)
Adhesion proceedings enable civil claims to be assessed in criminal proceedings. Its legal regulation in Art. 122 ff. StPO is, however, very rudimentary and incomplete. Jurisprudence and doctrine have so far hardly addressed ...
International anwendbare Streitgenossenschaftsgerichtsstände
(2023)
Although the forum of the cooperative dispute has been known to some legal systems for more than two centuries, the institute is still very challenging for jurisprudence and doctrine today. This paper aims to contribute ...
Das Verfahren vor dem Berner Kindes- und Erwachsenenschutzgericht
(2020)
In the canton of Bern, the Child and Adult Protection Court performs the tasks of the judicial complaints authority in child and adult protection matters. It forms part of the civil department of the higher court and is ...
Tötungsdelikte in der Schweiz von 1990 bis 2014
(2022)
Homicides are among the most serious offenses with serious consequences both for the relatives of victims and perpetrators and for the sense of security of the general population. This book is based on the Swiss Homicide ...
Le profilage dans le cadre d'une procédure d'embauche entre particuliers
(2023)
The new data protection law now contains a legal definition of profiling. The question of the extent to which profiling is legal as part of a recruitment process that is subject to Swiss private law has not yet been addressed ...
Digitales Verwaltungshandeln
(2021)
"At a time when most everyday tasks can be performed online, public administration is also facing increasing demands in terms of accessibility, availability and simplification of its services. For this reason, numerous ...
Seeking Convergence?
(2022)
Since 2009 two courts have been shaping human rights of asylum seekers in Europe: the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). Side by side, the courts examined who is protected ...
Dangerosité : du juge influencé par l'expert au juge indépendant
(2025)
In our Western society, which has become intolerant of risk, the identification, treatment and management of “dangerous offenders” have taken on a predominant role in criminal law enforcement in recent years.
In the current ...
Datenschutz bei drohnengestützter Datenbearbeitung durch Private
(2020)
The usage of drones is constantly increasing, even among private individuals. Anyone who hears or sees a drone usually does not know whether he is being observed or filmed and whether the recorded material is being broadcast ...
Court Assistance in the Taking of Evidence in International Arbitration
(2020)
Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal’s lack of coercive power is thrown into particularly ...
Zielkonflikt zwischen Lärmschutz und Siedlungsverdichtung
(2023)
The conflict between settlement density and noise protection leads to challenges in spatial planning and construction projects. The pressure to densify settlements is constantly increasing. At the same time, traffic, ...
Der Anscheinsbeweis im schweizerischen Zivilprozess
(2022)
This paper is devoted to a special form of "proving" in civil proceedings. The prima facie evidence is about proving a causal connection with life experience and common knowledge. The term "prima facie evidence" appears ...
Recht in der Krise
(2022)
How does the law react to real crises and what is the problem-solving power of legal regulation in difficult situations? Conversely, do crises also have an impact on how the law works – and should they have one at all? In ...
Unter Gleichen
(2021)
This year's XXII edition of the APARIUZ series, entitled "Unter Gleichen" ("Among Equals"), programmatically takes up the fiftieth anniversary, scheduled for 2021, of one of the most significant legal-historical and political ...
Le secret médical
(2021)
Medical secrecy is going through a troubled period today. The multiplication of health care providers, technological progress and the pressure of financial policies tend to put pressure on this institution and to redefine ...
L'harmonisation des lois cantonales d'aide sociale
(2021)
The federal constitution gives the Swiss cantons a great deal of freedom to regulate their social welfare systems. There are still great differences in this area. People living in Switzerland, depending on their place of ...
Die privatisierte Erfüllung staatlicher Aufgaben
(2020)
Can privatizations live up to the expectation of reducing the size of the state? Or will the fears be proven true that privatization can push back on democratic principles and the rule of law? This study tackles four ...
Die Indirekte Stellvertretung
(2023)
Indirect representation has so far only been treated rudimentarily, especially in German-language literature. The present study entitled “Indirect Representation – at the same time a contribution to the doctrine of consent ...
Miteigentum an Grundstücken und einfache Gesellschaft
(2021)
Although there is agreement that a pro rata entitlement is permissible in the simple partnership, the necessary interaction of Art. 646 ff. ZGB on co-ownership law and Art. 530 ff. OR on the law of the simple partnership ...
Die Staatsunabhängigkeit der Medien
(2022)
If the journalistic media are to be able to effectively perform their essential democratic tasks of forming public opinion and controlling state power, they must be independent of the state. At the same time, this state ...
Kooperative Raumplanung
(2021)
Cooperative planning is a potent approach for steering quality settlement development inwards. With the combination of (special) use plans and urban development contracts, they come into play where traditional spatial ...
Der Mietvertrag mit mehreren Mietern
(2023)
Tenancy agreements with several tenants are widespread (e.g. shared apartments or rent by married or unmarried couples). A joint tenancy also arises in the case of inheritance, if the deceased tenant leaves several heirs. ...
Was ist Strafverteidigung?
(2021)
Few professions elicit such ambivalent feelings as criminal defense: If criminal defense lawyers win an innocent man an acquittal, they are admired. If, on the other hand, the criminal defense stands up for the rights of ...
Ablehnungs- und Umsetzungsraten von Organtransplantationen – mögliche Ursachen und denkbare Auswege
(2021)
The work deals intensively with the very complex topic of post-mortem organ donation and the question of why it is that not all organs of potential organ donors are considered in transplantation. It covers central questions ...
Foreign Electoral Interference
(2023)
Foreign interference in elections may have attracted increased public attention since 2016, but it is a practice virtually as old as modern electoral democracy itself. This book offers the most comprehensive account of its ...
Foreign Electoral Interference
(2023)
Foreign interference in elections may have attracted increased public attention since 2016, but it is a practice virtually as old as modern electoral democracy itself. This book offers the most comprehensive account of its ...
Der Prozess
(2023)
Processes play a central role in legal science. The XXIV edition of the APARIUZ series puts the court process in the foreground and at the same time opens our eyes to other legal processes. In addition to procedural issues, ...
Der Prozess
(2023)
Processes play a central role in legal science. The XXIV edition of the APARIUZ series puts the court process in the foreground and at the same time opens our eyes to other legal processes. In addition to procedural issues, ...
Introduction to Swiss Law
(2022)
What are the origins of direct democracy in Switzerland? How does the Swiss judiciary function? What are the principles of Swiss civil, contract and administrative law? What is the role of public service broadcasting in ...
Introduction to Swiss Law
(2022)
What are the origins of direct democracy in Switzerland? How does the Swiss judiciary function? What are the principles of Swiss civil, contract and administrative law? What is the role of public service broadcasting in ...
Das Verbot von extremistischen Organisationen im schweizerischen Recht
(2023)
Bans on organizations are not part of the traditional range of instruments used in dealing with extremist phenomena in the Swiss legal system. In recent years, however, there has been a paradigm shift in this regard, ...
Das Verbot von extremistischen Organisationen im schweizerischen Recht
(2023)
Bans on organizations are not part of the traditional range of instruments used in dealing with extremist phenomena in the Swiss legal system. In recent years, however, there has been a paradigm shift in this regard, ...
Seeking Convergence?
(2022)
Since 2009 two courts have been shaping human rights of asylum seekers in Europe: the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). Side by side, the courts examined who is protected ...
Seeking Convergence?
(2022)
Since 2009 two courts have been shaping human rights of asylum seekers in Europe: the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). Side by side, the courts examined who is protected ...
Datenschutz bei drohnengestützter Datenbearbeitung durch Private
(2020)
The usage of drones is constantly increasing, even among private individuals. Anyone who hears or sees a drone usually does not know whether he is being observed or filmed and whether the recorded material is being broadcast ...
20 ans de transparence à Genève
(2022)
A few years before Confederation, the canton of Geneva adopted a law on transparency, the objective of which is to promote the free formation of opinion and participation in public life. LIPAD celebrated its 20th anniversary ...
20 ans de transparence à Genève
(2022)
A few years before Confederation, the canton of Geneva adopted a law on transparency, the objective of which is to promote the free formation of opinion and participation in public life. LIPAD celebrated its 20th anniversary ...
Datenschutz bei drohnengestützter Datenbearbeitung durch Private
(2020)
The usage of drones is constantly increasing, even among private individuals. Anyone who hears or sees a drone usually does not know whether he is being observed or filmed and whether the recorded material is being broadcast ...
Auswirkungen des BEPS-Projekts der OECD auf die Steuerordnung der Schweiz: Umsetzung des Aktionspunkts 5
(2024)
The OECD initiated the BEPS project to combat what it considers harmful tax avoidance practices by multinational corporations like Amazon or Google. According to the OECD, this effort was made to build a more transparent ...