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Personality law
Personality rights cover aspects of protection for every individual, including physical, mental, and social protection. Our legal advice addresses issues such as the right to a name and image (photography, Internet, TV, advertising, etc.), the right to vote, the right to free speech, and the right to privacy.
Among our clients are both individuals and entities affected through media, the Internet, or other measures taken by third parties concerning their personality rights. We also advise media producers, advertising and public relations agencies, as well as representatives of the arts who have questions related to personality rights and data protection.
Articles on Personality Law
Karim Guinand
Aug 9, 20243 min read
What happens in the case of a work incapacity limited to the specific job position?
Within the framework of the employment contract, contractual freedom allows the parties to terminate the contract by adhering to notice...
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Karim Guinand
Aug 9, 20243 min read
The criminal record and the time limit for deletion of entries
In criminal law, offenses committed by a person are recorded in their criminal record, a computerized register called VOSTRA. This...
176 views0 comments
Karim Guinand
Aug 9, 20243 min read
Can a person be blamed for using the Covid credit to pay their employees' salaries?
During the economic crisis caused by the COVID-19 pandemic, many businesses were severely impacted. In response to this situation, the...
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Karim Guinand
Aug 9, 20242 min read
Assault (art. 126 PC)
Assaults (Art. 126 CP) are defined as physical attacks that cause little or no pain but exceed what is socially tolerated (ATF 134 IV...
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Karim Guinand
Aug 9, 20243 min read
The resumption of lease in case of dissolution of cohabitation
When two people in a couple live together without being married, this is referred to as cohabitation. At the time of signing the lease,...
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Karim Guinand
Aug 9, 20243 min read
The salary deduction (art. 323 CO)
In Swiss law, an employer may, under certain conditions, withhold part of an employee's salary to recover a claim arising from the...
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Karim Guinand
Aug 9, 20242 min read
The employer’s contact with his employee during a sick leave
It sometimes happens that an employee on sick leave is contacted by their employer during their absence. What are the legal implications...
67 views0 comments
Karim Guinand
Aug 9, 20242 min read
Compensation of salary (art. 323b CO)
Compensation (Art. 120-126 CO) is a legal mechanism that allows a debtor to settle their debt by sacrificing their own claim against the...
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Karim Guinand
Aug 9, 20243 min read
The transfer of commercial lease
It sometimes happens that a person wishes to transfer their commercial lease to a third party for various reasons, such as retirement, a...
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Karim Guinand
Aug 9, 20243 min read
Salary in case of inability to work
Under Swiss law, for an employee to receive their salary, they must perform their work. However, there are exceptions to this principle,...
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Karim Guinand
Aug 9, 20243 min read
The rights of the worker during the trial period
The trial period offers the parties to the employment contract the opportunity to determine if they are mutually compatible. This period...
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Karim Guinand
Aug 9, 20243 min read
The issuance of entry bans into Switzerland and the Schengen area
The interdiction of entry into Switzerland, as defined by the foreign nationals law (Art. 67 of the Federal Act on Foreign Nationals and...
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Karim Guinand
Aug 9, 20242 min read
Harassment at work: what measures should be taken?
Harassment is a violation of personal integrity that can take various forms, including psychological harassment (also known as mobbing)...
4 views0 comments
Karim Guinand
Aug 9, 20242 min read
Criminal offences and naturalization procedure
To obtain Swiss nationality, it is necessary to fulfill several key conditions, notably successful integration, familiarity with living...
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Consultation Juridique du Valentin Administration
Aug 9, 20241 min read
Deduction for dependants (CHF 3'200 at cantonal level and CHF 6'600 at federal level)
If you take care of a person who cannot support themselves, you can deduct CHF 3,200 from your cantonal and communal taxes. This applies...
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Karim Guinand
Aug 9, 20243 min read
The request to release the opposition in the prosecution proceedings
Introduction In Switzerland, the enforcement procedure is driven by the initiative of the creditor, who must be active at all stages of...
1 view0 comments
Karim Guinand
Aug 9, 20243 min read
Revocation of C licence in case of criminal offences
The Federal Act on Foreign Nationals and Integration (FNAI) lists in Art. 63 para. 1 the various reasons allowing the revocation of a...
1 view0 comments
Karim Guinand
Aug 9, 20242 min read
Breaks at work
During the working day, the employer must take all necessary measures to protect the health of their employees according to Art. 6 of the...
3 views0 comments
Mélanie DE ALMEIDA
Aug 9, 20242 min read
Neighbourhood problems due to construction
In Switzerland, most construction work requires obtaining a building permit in advance (Art. 103 LATC). Occasionally, such work causes...
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Mélanie DE ALMEIDA
Aug 9, 20242 min read
The request for legal assistance in an administrative procedure
In Switzerland, all individuals are entitled to a fair trial and assistance in defending themselves. The request for legal aid embodies...
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Karim Guinand
Aug 9, 20243 min read
Civil and criminal responses to cyberharassment
“Since a conflict with a work colleague, I have been receiving anonymous, incessant, and threatening WhatsApp messages...”, “A video of...
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leamoor2
Aug 9, 20242 min read
Can vacation be replaced by a cash benefit under labour law?
Les vacances peuvent-elles être remplacées par une prestation en argent ?
1 view0 comments
Karim Guinand
Aug 9, 20242 min read
Measures to be taken in the event of domestic violence
Couple life can sometimes turn into a nightmare for some people. They endure physical, sexual, psychological, and/or emotional abuse from...
1 view0 comments
Karim Guinand
Aug 9, 20244 min read
Revocation of a residence permit following misrepresentations to the authority regarding the name
Asylum seekers often submit their applications under a false identity in the hope of reducing the risk of a denial of their asylum...
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Karim Guinand
Aug 9, 20242 min read
Reimbursement of old age and survivors' contributions
If you have been working in Switzerland for at least one full year you may apply for reimbursement of your OASI (old-age and survivors)...
1 view0 comments
Diana OLIVIERI
Aug 9, 20242 min read
The white wedding
One application of the annulment of marriage concerns marriages of convenience related to immigration law (Art. 105 para. 4 CC). There...
0 views0 comments
Diana OLIVIERI
Aug 9, 20243 min read
Action due to disorder (art. 679 et seq.CC)
When a property owner exceeds their rights in the use of their property (Art. 684 et seq. CC), a neighbor who is affected or threatened...
4 views0 comments
Diana OLIVIERI
Aug 9, 20243 min read
The curatorships
A person who is partially or completely unable to safeguard their own interests due to a state of weakness, temporary incapacity of...
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Sara Lourenço Pereira
Aug 9, 20246 min read
Disputes in employment relationships: introduction to the trial procedure
Understanding one's rights and obligations is crucial for both employers and employees, particularly when a dispute arises before,...
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Dilaniy SUBRAMANIAM
Aug 9, 20243 min read
The legal obligation of a company to keep an accounting (art. 166 CP)
In July 202*, Mr. X. acquired the company Z. Sàrl at an auction as part of the personal bankruptcy of Mrs. Y. Following numerous...
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Karim Guinand
Aug 9, 20243 min read
The contract of employment on call improperly described
The so-called "on-call contract" is an employment contract in which the worker agrees to perform the agreed activity whenever the...
2 views0 comments
Karim Guinand
Aug 9, 20242 min read
Withdrawal of driving licence as a preventive measure for suspicion of alcohol/drug addiction
Dependence on alcohol, drugs, or medication can lead to a preventive or safety-related withdrawal of a driving license to ensure road...
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Karim Guinand
Aug 9, 20242 min read
I am undocumented and I want to get married in Switzerland
Regarding the possibility for an undocumented person to enter into marriage in Switzerland, the law is clear. Since January 1, 2011, the...
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Karim Guinand
Aug 9, 20243 min read
The means of opposing a eviction (lease)
In principle, an eviction action can only be initiated by the landlord if the latter has formally requested the tenant to return the...
2 views0 comments
Karim Guinand
Aug 9, 20243 min read
Early termination of the lease for non-payment of rent (art. 257d CO)
Among the causes for the termination of a lease contract is termination following a formal notice to the tenant according to Article 257d...
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Karim Guinand
Aug 8, 20243 min read
Entitlement to holiday payment – Article 329d of the Swiss Code of Obligations
According to Article 329d of the Swiss Code of Obligations (CO), employers are obligated to pay employees for their vacation time. As...
24 views0 comments
Karim Guinand
Aug 8, 20242 min read
Salary in case of the worker’s absence – art. 324a and 324b of the Swiss Code of Obligations
In Switzerland, the right to salary during an employee's incapacity is governed by Articles 324a and 324b of the Swiss Code of...
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Karim Guinand
Aug 8, 20243 min read
Notification of termination of an employment contract or lease in the absence of the recipient
Contracts of indefinite duration, whether employment or lease agreements, can be terminated by either party in accordance with Articles...
2 views0 comments
Karim Guinand
Aug 8, 20243 min read
The repudiation of an estate (art. 566et seq.)
Repudiation is a unilateral act by which an heir renders their acquisition of an estate void. It is a right granted to heirs who wish to...
2 views0 comments
charlotte2905
Aug 8, 20243 min read
Matrimonial property regime: differences between the sharing of assets and the separation of property
The matrimonial regime defines the legal status of spouses' assets. There are two primary types of matrimonial regimes in Switzerland:...
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Karim Guinand
Aug 8, 20243 min read
Limitation of acts of default on goods - art. 149a LP
General Framework: Definition and Deadline A certificate of default of assets is a document issued to the creditor when the debtor has...
2 views0 comments
CJDV Author
Aug 8, 20243 min read
The separation of bodies
Separation of bodies refers to the situation where two married individuals no longer live under the same roof following a court ruling...
2 views0 comments
CJDV Author
Aug 8, 20243 min read
The different types of curatorship
Guardianship is a measure taken by an authority to protect a person. Its aim is to ensure assistance and protection for those in need of...
3 views0 comments
CJDV Author
Aug 8, 20242 min read
The restitution of time limits in administrative proceedings
Under Article 20 para. 2bis of the Federal Administrative Procedure Act (PA), a communication that is only delivered against the...
1 view0 comments
CJDV Author
Aug 8, 20242 min read
The change-leave
Unilateral contract modification (Änderungskündigung) involves one party to the contract (usually the employer) unilaterally altering the...
1 view0 comments
dorianaborcard
Aug 8, 20242 min read
Long-term employment allowance (s. 339b ss CO)
The long-term employment indemnity is outlined in Articles 339b et seq. CO. However, it is important to note that these provisions have...
0 views0 comments
eliflauener
Aug 8, 20242 min read
The certificate of skilled work
An employment reference certificate is an essential element for a professional career. It can be either a detailed reference (Article...
0 views0 comments
ludovicaluthi
Aug 8, 20242 min read
The probation period (Art. 335b CO)
The probation period plays a crucial role in the employment relationship by allowing the parties to get to know each other better and...
13 views0 comments
ludovicaluthi
Aug 8, 20242 min read
The concept of abandonment of position (art. 337d CO)
Job abandonment occurs in the sense of Article 337d para. 1 of the Code of Obligations (CO) when an employee fails to report for duty or...
1 view0 comments
ludovicaluthi
Aug 8, 20242 min read
Interest on a moratoriums
Default interest is owed to the creditor if the debtor is late in fulfilling their obligation. This is outlined in Article 104 para. 1 of...
2 views0 comments
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