Certified Conformity. Binational Couples and Swiss Law

2020 ◽  
Vol 36 (2-3) ◽  
Author(s):  
Dietrich Choffat ◽  
Marta Roca i Escoda ◽  
Hélène Martin
Keyword(s):  
Swiss Law

scholarly journals Restriction on the Authority to Represent in Turkish Joint Stock Companies Law

2019 ◽  
Vol 2 (3) ◽  
pp. 58
Author(s):  
Sıtkı Anlam Altay
Keyword(s):  
Critical View ◽  
Commercial Code ◽  
Swiss Law ◽  
Turkish Commercial Code

Turkish Joint Stock Corporations Law is based upon Swiss Law. Turkish Commercial Code of 2012 reflects a pure reception of the rules regarding the representation of the company from Swiss Law. However in 2014, Turkish Law has confronted the enforcement of Art. 371/7 TCC, which enables restrictions on the representation authority in terms of the material and monetary scope of the transaction. This study aims to bring a critical view of this regulation and to introduce a draft for a well-directed regulation with respect to restrictions related to power of representation.

The Swiss Regulatory Framework for Paediatric Health Research

2008 ◽  
Vol 15 (2) ◽  
pp. 183-195
Author(s):  
Valerie Junod
Keyword(s):  
Clinical Trials ◽  
Health Research ◽  
Ethics Committees ◽  
Drug Trials ◽  
Pharmaceutical Firms ◽  
Risks And Benefits ◽  
Drug Agency ◽  
Swiss Law ◽  
Broad Array ◽  
Paediatric Health

AbstractMedical research on minors entails both risks and benefits. Under Swiss law, clinical trials on children, including nontherapeutic drug trials, are permissible. However, ethics committees must systematically verify that all clinical studies have a favorable risk-benefit profile. Additional safeguards are designed to ensure that children are not unnecessarily involved in research and that proper consent is always obtained. Federal Swiss law is undergoing revision to extend these protections beyond clinical trials to a broad array of health research. The Swiss drug agency also seeks to improve the incentives for pharmaceutical firms to develop new paediatric drugs and relevant paediatric drug labels.

Switzerland

2020 ◽  
Author(s):  
Tina Wüstemann ◽  
Marco Frigg
Keyword(s):  
Family Members ◽  
Related Services ◽  
Cross Border ◽  
Complex Cross ◽  
Foreign Law ◽  
Swiss Law

Swiss law does not recognize the concept of trusts (although it does recognize trusts created under foreign law). Hence a trust cannot be governed by Swiss law. Yet, Switzerland is seen by many foreigners as an attractive place to live and trusts are often imported by settlors relocating to Switzerland. Switzerland’s popularity as a hub for trust administration and related services has risen during the last years and so has the number of litigation matters involving trust structures. Trustees have become increasingly involved in Swiss proceedings and are frequently parties to complex cross-border disputes; the trustees become a target for aggrieved beneficiaries and family members or ex-spouses.

The Impact of the Pan-European General Principles of Good Administration on Swiss Law

2020 ◽  
pp. 353-374
Author(s):  
Nadja Braun Binder ◽  
Ardita Driza Maurer
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
European Court ◽  
Swiss Law ◽  
Written Law ◽  
The Impact

This chapter is dedicated to exploring the impact on Swiss administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter claims that the standards stemming from the European Convention on Human Rights and the case law of the European Court of Human Rights have been adopted in an exemplary way by Swiss authorities. The influence was especially strong in the 1980s and 1990s. The same cannot be said regarding other documents of the CoE, whose impact remains disparate because many aspects of the pan-European general principles of good administration were already part of the national written law. The chapter concludes that despite the exemplary integration of CoE instruments heated debates on the content of these instruments are not excluded from Switzerland.

III Trust Arbitration as a Matter of National Law, 17 Trust Arbitration in Switzerland

2016 ◽  
Author(s):  
Wüstemann Tina ◽  
Huber Roman
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Arbitration ◽  
Swiss Law ◽  
The Hague ◽  
Substantive Law ◽  
Conflict Of Law

This chapter argues that Switzerland’s importance as centre for trust services as well as its longstanding tradition in international arbitration make it a perfect venue for trust arbitration, particularly in light of the scarcely developed arbitration law and practice in several offshore trust jurisdictions. Against this background, it examines whether trust disputes can be arbitrated in Switzerland, with a particular focus on the recognition of arbitration clauses in trust deeds. While Switzerland does not provide for the institution of trusts in its substantive law, it has ratified the Hague Trust Convention with took effect from 1 July 2007 and has enacted new conflict of law provisions, in particular Articles 149a to 149e of the Private International Law Statute (PILS), which operate so as to allow the full ‘implantation’ (or incorporation) of foreign trusts into Swiss law.

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