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Author: Nino Sievi Publisher: Kluwer Law International B.V. ISBN: 9403534478 Category : Law Languages : en Pages : 300
Book Description
Swiss contract law is among the most frequently chosen laws for commercial contracts. This practice-oriented book provides a comprehensive description of the basics of Swiss contract law with an emphasis on topics and contracts that are frequently in dispute between commercial parties. Grounded in a remedies-based approach, the analysis draws primarily on a thorough examination of the Swiss Federal Supreme Court’s case law. With numerous references to decisions of that court and informal translations of the most important parts, the issues and topics covered include the following: relationship between the Civil Code and the Code of Obligations; legal capacity to enter into a contract; required scope of the parties’ mutual expressions of intent; defects in consent; amending the content of a contract due to changed circumstances; performance of contractual obligations; concluding a contract via a third party; multiple creditors and/or debtors; breach of contract and legal remedies; termination of contracts; and specific contracts of particular commercial relevance (sales contract, contract for work, mandate agreement, settlement agreement). The remedies at the centre of the book make its details particularly accessible to foreign practitioners, notably those with a common law background. With its focus on dispute resolution, the book will equip practitioners with a confident understanding of how Swiss law regulates the creation, performance, termination, and enforcement of commercial contracts. It will prove of immeasurable value to corporate counsel and international law firms.
Author: Nino Sievi Publisher: Kluwer Law International B.V. ISBN: 9403534478 Category : Law Languages : en Pages : 300
Book Description
Swiss contract law is among the most frequently chosen laws for commercial contracts. This practice-oriented book provides a comprehensive description of the basics of Swiss contract law with an emphasis on topics and contracts that are frequently in dispute between commercial parties. Grounded in a remedies-based approach, the analysis draws primarily on a thorough examination of the Swiss Federal Supreme Court’s case law. With numerous references to decisions of that court and informal translations of the most important parts, the issues and topics covered include the following: relationship between the Civil Code and the Code of Obligations; legal capacity to enter into a contract; required scope of the parties’ mutual expressions of intent; defects in consent; amending the content of a contract due to changed circumstances; performance of contractual obligations; concluding a contract via a third party; multiple creditors and/or debtors; breach of contract and legal remedies; termination of contracts; and specific contracts of particular commercial relevance (sales contract, contract for work, mandate agreement, settlement agreement). The remedies at the centre of the book make its details particularly accessible to foreign practitioners, notably those with a common law background. With its focus on dispute resolution, the book will equip practitioners with a confident understanding of how Swiss law regulates the creation, performance, termination, and enforcement of commercial contracts. It will prove of immeasurable value to corporate counsel and international law firms.
Author: Christoph Müller Publisher: Cambridge University Press ISBN: 1108381812 Category : Law Languages : en Pages : 822
Book Description
This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.
Author: Jürg Künzle Publisher: Kluwer Law International B.V. ISBN: 9403519940 Category : Law Languages : en Pages : 254
Book Description
International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
Book Description
This text presents is a comprehensive and at times detailed treatment of Swiss Contract and Business Law. The way it presents the various topics is traditional as it mirrors the manner the law itself has been classified in the various codes and other provisions. Where possible, a synthetic and comparative manner is adopted to group various legal issues together or to highlight differences. Informed comments and advice are given where necessary so as to alert the reader on the important issues. The text is enhanced with new legislation touching the banking and financial sector as well as offers more details concerning the civil courts procedure. The international dimension is also enhanced with reference to CSR and human rights that Switzerland seeks to protect and promote across the world. The educational purpose of this text is expressed in the interaction between law and case law all along the nine chapters. Favoring research and critical reflection, this text is suitable for both undergrads and graduates who are new to Swiss Law and wish to discover two specific and vital areas for businesses via an approach that is constantly informed by legal practice and research.
Author: Panayotis Zamaros, Ph.d. Publisher: Createspace Independent Publishing Platform ISBN: 9781541145221 Category : Languages : en Pages : 118
Book Description
This text is a course on Swiss Law and in particular Commercial Law and Contract Law. On the whole it adopts a traditional way to present the various topics, a manner that is close to the way the law itself has been classified in the various codes and other provisions. Where possible, a synthetic and comparative manner is adopted so as to group various legal issues together or highlight differences. Informed comments and advice are given where necessary so as to alert the reader of the important issues. The educational purpose of this text is expressed in the interaction between law and case law all along the nine chapters. Favoring research and critical reflection, this course is suitable for both undergrads and graduates who are new to Swiss Law and wish to discover two specific and vital areas for businesses via an approach that is constantly informed by legal practice.
Author: Nino Sievi
Author: Nino Sievi
Author: Nicolas Kuonen
Author: Christoph Müller
Author: Jürg Künzle
Author: 
Author: François Dessemontet
Author: Panayotis Zamaros
Author: Switzerland
Author: Panayotis Zamaros, Ph.d.
Author: Switzerland