Contract law | CJDV

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Contract law

Contracts are ubiquitous in the daily lives of individuals and businesses. A simple sales contract imposes certain obligations on the parties involved. Contract law encompasses numerous legal rules that govern all contracts.

The lawyers of the "Valentin Legal Consultation" Association have expertise in contract law and provide support to individuals and legal entities during the stages of negotiation, drafting, and assistance with various contracts. For instance, our lawyers are involved in resolving disputes related to the interpretation and termination of various contracts (service contracts, distribution contracts, contracts related to new technologies, website creation contracts, SEO contracts, etc.). We also advise and assist our clients in debt recovery.

The "Valentin Legal Consultation" Association operates in areas such as (non-exhaustive list):

Contractual liability (non-performance of obligations…)
Tort liability
Distribution contracts (franchise contracts, concession contracts…)
Contract cancellation
Contract resolution
Contract analysis
Cooperation agreements between businesses.

Additionally, our articles on the Association's website will keep you informed about the latest legal developments in contract law.

Articles on Contract Law

Aug 9
3 min

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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Aug 9
3 min

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...

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Aug 9
3 min

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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Aug 9
2 min

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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Aug 9
3 min

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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Aug 9
3 min

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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Aug 9
2 min

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...

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Aug 9
2 min

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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Aug 9
3 min

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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Aug 9
3 min

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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Aug 9
3 min

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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Aug 9
3 min

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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Aug 9
2 min

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)...

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Aug 9
2 min

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
1 min

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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Aug 9
3 min

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...

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Aug 9
3 min

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...

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Aug 9
2 min

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...

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Mélanie DE ALMEIDA

Aug 9
2 min

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
2 min

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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Aug 9
3 min

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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Aug 9
2 min

Can vacation be replaced by a cash benefit under labour law?

Les vacances peuvent-elles être remplacées par une prestation en argent ?

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Aug 9
2 min

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...

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Revocation of a residence permit following misrepresentations to the authority regarding the name

Aug 9
4 min

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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Reimbursement of old age and survivors' contributions

Aug 9
2 min

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)...

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Aug 9
2 min

The white wedding

One application of the annulment of marriage concerns marriages of convenience related to immigration law (Art. 105 para. 4 CC). There...

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Aug 9
3 min

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...

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Aug 9
3 min

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
6 min

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
3 min

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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Aug 9
3 min

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...

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Aug 9
2 min

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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Aug 9
2 min

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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Aug 9
3 min

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...

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Aug 9
3 min

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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Aug 8
3 min

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...

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Aug 8
2 min

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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Aug 8
3 min

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...

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Aug 8
3 min

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...

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Aug 8
3 min

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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Aug 8
3 min

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...

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Aug 8
3 min

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...

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Aug 8
3 min

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...

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Aug 8
2 min

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

Aug 8
2 min

The change-leave

Unilateral contract modification (Änderungskündigung) involves one party to the contract (usually the employer) unilaterally altering the...

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Aug 8
2 min

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...

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Aug 8
2 min

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...

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Aug 8
2 min

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...

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Aug 8
2 min

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...

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Aug 8
2 min

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...

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