Stolpersteine bei der Praxisübernahme

The installation of a photovoltaic system in a condominium raises a variety of legal questions, particularly with regard to the necessary resolutions and the required majorities. Since the roof and facade are part of the common areas of a building, only the condominium owners’ meeting can decide on their use. A resolution by this assembly is therefore always required for the construction of a photovoltaic system. If the system is also to be operated as part of a self-consumption association or a virtual self-consumption association, a further resolution is required.

According to Art. 337 para. 1 of the Swiss Code of Obligations (CO), both the employer and the employee may terminate an existing employment relationship with immediate effect for good cause. In practice, however, it is usually employees who are affected by summary dismissal; therefore, the following discussion focuses on their perspective.

A good cause within the meaning of Art. 337 para. 1 CO is defined in para. 2 as any circumstance that makes it unreasonable for the terminating party to continue the employment relationship in good faith. Whether such a good cause exists is determined by the competent court at its discretion pursuant to Art. 337 para. 3 CO, whereby an employee’s unintentional incapacity to work may under no circumstances be recognised as a valid reason.

The recognition and enforcement of foreign judgments in Switzerland depends on the origin of the judgment and is governed by either the Lugano Convention (Lugano Convention) or the Federal Act on Private International Law (PILA). While the Lugano Convention provides for a simplified procedure without exequatur for judgments from EU states, Norway and Iceland, the IPRG has stricter requirements for third countries, for example with regard to jurisdiction and the right to be heard. Both sets of rules serve to ensure legal certainty in international legal relations, but differ significantly in practice. A careful examination of the applicable legal framework is therefore essential.