Earn-outs als Weg zur Praxisübergabe

When the debt enforcement office announces a distraint of earned income, many debtors feel trapped. Suddenly, their monthly salary becomes subject to compulsory debt enforcement measures. However, Swiss law provides effective safeguards. Those who understand the applicable rules can often achieve a manageable solution.

Modern commercial life is characterised by a significant increase in contractual transactions. Online retailers, service providers, banks and insurance companies conclude a vast number of contracts every day that contain largely identical terms. To avoid negotiating each contract individually, businesses have adopted the practice of using pre-formulated contractual provisions in general terms and conditions for the conclusion of large numbers of similar agreements.

The amendments to the Swiss Civil Code (CC) and the Swiss Civil Procedure Code (CPC) concerning the protection of possession against unlawful interference with land will enter into force on 1 July 2026. Their purpose is to strengthen the legal position of landowners, particularly in cases of unlawful occupation (squatting). This is to be achieved by expanding the right of self-help. In addition, a new procedural instrument is introduced through Article 260a CPC.