Contract Law
Contract negotiations, joint ventures, GTC, shareholders’ agreement, cooperation agreement
We advise private individuals and companies on drafting contracts, negotiating contracts and enforcing contracts. We also review and edit all types of contracts, including:
- Purchase agreements (moveable property or real estate)
- Rental and lease agreements
- Loan agreements
- Credit agreements
- Employment agreements
- Contract for work and services and trust agreements
- Broker, agency, commission, freight and forwarding agreements
- Surety, guarantee, pledge, security, deposit agreements
- Company and shareholder agreements
- Concubinage, marriage, inheritance, renunciation of inheritance and inheritance division agreements
- leasing, exclusive distribution and distribution agreements
- license agreements
Your Experts
Patrick Stach
Senior Partner
Michael Kummer
Senior Partner
Sheila Stach
Junior Associate
Sven Pschorn
Junior Associate
Reto Kuoni
Junior Associate
Faris Beganovic
Junior Associate
Filip Lapadatovic
Junior Associate
Andrea Chawla
Junior Associate
Focus
The right and duty to refuse compliance with instructions from the mandator in the context of sanctions
In the context of a mandate, the mandatee is required to perform the business entrusted to him in a diligent and faithful manner (Art. 398 para. 2 of the Swiss Code of Obligations, CO). The extent to which a mandatee may or must refuse to perform a mandate where there are grounds to suspect that the mandator is subject to sanctions was recently considered by the Swiss Federal Tribunal.
The Fine Print: The Rule on Unusual Clauses in General Terms and Conditions
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 Pitfalls of Warranty Claims in Leasing Contracts
Car leasing is widespread in Switzerland. The typical form is so-called indirect leasing, which involves a three-party relationship: the customer (lessee) selects a vehicle from a seller (supplier) and negotiates a purchase price. The customer then applies to a leasing company (lessor) to purchase the vehicle on their behalf and make it available for their use. Accordingly, ownership of the leased asset remains with the lessor throughout the lease term. Upon expiration of the contract, the lessee must return the vehicle to the lessor.
