Focus

Insolvency, Debt Enforcement and Bankruptcy Law

Labour Law

Distraint of Earned Income: How to Protect Your Minimum Subsistence Level

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.

Contract Law

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...

Litigation

Real Estate Law

Protection of Possession against unlawful interference with land

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)....

Labour Law

Home Office – Legal Framework and Challenges under Swiss Employment Law

Several years after the COVID-19 pandemic, working from home has become an integral part of modern working life. While many employees appreciate the opportunity to better reconcile their professional and private obligations through greater flexibility, many employers increasingly favour a stronger physical presence at the workplace. They justify this preference...

Insolvency, Debt Enforcement and Bankruptcy Law

Real Estate Law

Retention and Bankruptcy – The Fate of the Landlord’s Pledge When the Tenant Becomes Insolvent

In practice, landlords regularly encounter situations where tenants fail to fulfill their rent payment obligations. The legal consequences are multifaceted and become particularly complex when bankruptcy is opened over the tenant. The following article examines the legal foundations of the landlord's retention right and its treatment in bankruptcy proceedings.

Contract Law

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...

Contract Law

Tort Law

Medical Liability in the Field of Telemedicine

For many patients, the search for medical advice begins with a phone call, an email, or an online search. As a result, medical consultations and treatments are increasingly provided remotely, without the physical presence of both physician and patient – a practice commonly referred to as telemedicine. The Swiss Society...

Criminal Law

Personal Law

Deepfakes and the right to one’s own image: How you can protect yourself

A group photo on Instagram, a photo of an employee at a company party, a video manipulated using AI: Such situations are commonplace today, and the legal issues they raise are anything but trivial. Every person has the right to determine what happens to their image, whether it be a...

Inheritance Law

The Need for Regulation Regarding Digital Estates

As digitalization advances, people today leave behind not only traditional assets but also a wealth of digital content and traces on the internet, in IT systems, and on storage media. Digital estates are not limited to personal data but encompass a wide range of digital assets and accounts. Since settling...

Intellectual Property Law

Grounds for Refusal in Trademark Law (Switzerland)

Trademarks have become indispensable in everyday business: they are signs used to distinguish the goods or services of one company from those of others (Art. 1 para. 1 TmPA). Trademarks thus serve both a function of indicating origin and distinguishing products. However, anyone seeking to register a trademark will not...

Capital Markets Law

Contract Law

Mergers & Acquisitions

Stach Rechtsanwälte recognised as a leading law firm

Stach Rechtsanwälte AG was recognised in the 2026 rankings in the practice area of "Private Equity, Venture Capital and Corporate Law" We are absolutely delighted to receive this award and would like to thank our clients and partners for their loyalty and the trust they have placed in us.

Criminal Law

Speeding offences: an overview of classification and legal consequences

Speeding offences are among the most common traffic violations in Switzerland. Even minor speeding infringements may result in financial penalties, while more serious violations can lead to criminal sanctions and the revocation of the driving licence. This article provides an overview of the legal classification, the sanctioning system, and the...

Litigation

Real Estate Law

The Blocking Period for Termination in Tenancy Law

Landlords involved in a tenancy dispute with a tenant should be aware of the consequences of an amicable settlement: a settlement—whether reached before the conciliation authority, before a court, or out of court—generally triggers a three-year blocking period for termination to the detriment of the landlord. Overlooking this results in...

Litigation

Real Estate Law

Eviction of tenants from the landlord’s perspective

If a tenant does not vacate the rental property after a valid termination of the lease, landlords often take matters into their own hands by, for example, changing the locks. However, such measures are unlawful and frequently result in civil and criminal proceedings. Therefore, the landlord’s claim for the return...

Compliance

Disruptive Technologies & FinTech

Planned revision of the Financial Institutions Act (FINIG) – introduction of two new licence categories

The planned revision of the Financial Institutions Act (FINIG), which is expected to come into force in 2027, provides for the introduction of two new licence categories for payment institutions and crypto institutions. These consist of crypto-loans, which enable the development and harmonisation of tokenisation standards through new asset classes,...

Criminal Law

Police stop: Obligations of the person concerned

A police stop (police power to stop) is a key tool used by the police to investigate criminal offences. It serves to establish any possible link between the person stopped and a criminal offence. The legal basis for this is set out in the Swiss Criminal Procedure Code (StPO), specifically...

Compliance

Real Estate Law

Revised Anti-Money Laundering Legislation – Implications for Real Estate Brokers

With the partial revision of the Anti-Money Laundering Act adopted on September 26, 2025, Switzerland is expanding the scope of application of anti-money laundering regulations. Certain professional consulting activities in connection with real estate transactions may now also fall under the scope of the law. This may affect real estate...

Compliance

Corporate Governance

Sustainability Reporting in Transition: What the EU Omnibus Package Means for Swiss SMEs

On February 24, 2026, the Council of the European Union formally adopted the so-called Omnibus I Package. With this step, the EU is making a noticeable course correction in sustainability reporting — with consequences that extend well beyond the EU's borders. At its core, the package concerns the obligation of...

Real Estate Law

Building contractor’s lien: Partial revision as of January 1, 2026

On January 1, 2026, a major revision of the Swiss Civil Code (CC) came into force in the area of building contractor's liens. The amendment to the law aims in particular to clarify the requirements for the provision of substitute security. It is now expressly clarified that substitute security must...

Inheritance Law

Interaction between Hotchpot (Advancement) and Reduction in the Case of Gratuitous Lifetime Gifts

With the inheritance law reform that entered into force on 1 January 2023, the system of compulsory shares was significantly restricted or, in part, abolished. A central principle of the revised law is that the statutory compulsory portions may not be infringed by a will, a marriage or inheritance contract,...

Insolvency, Debt Enforcement and Bankruptcy Law

Right to inspect according to Art. 8a DEBA

According to Art. 8a para. 1 Federal Act on Debt Enforcement and Bankruptcy (DEBA), any person who can credibly demonstrate an interest may inspect the records and registers of the debt enforcement and bankruptcy offices and obtain extracts from them. According to Art. 8a para. 2 DEBA, such an interest...

Family Law

Separation in cohabitation

Couples who live together without being married or in a registered partnership are said to be cohabiting (also known as non-marital cohabitation). Cohabitation is becoming increasingly common: since the 1950s and 1960s, the appeal of marriage has declined, while social acceptance of diverse family models such as cohabitation has increased....

Contract Law

Real Estate Law

Termination of a Lease Due to Urgent Need

The acquisition of a rented residential or commercial property regularly raises issues under tenancy law, particularly where the new owner intends to use the premises personally or to carry out structural alterations. A key question in this context is under which circumstances a lease may be lawfully terminated on the...

Criminal Law

Stalking: New Criminal Offence in Force Since 1 January 2026

Stalking – in statute referred as Nachstellung – was previously not an autonomous criminal offence in Switzerland. Individual acts could, depending on their nature, be subsumed under offences such as threat, coercion, unlawful entry into premises or other criminal provisions. Typical stalking constellations, however, frequently consist of a multitude of...

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Focus

Distraint of Earned Income: How to Protect Your Minimum Subsistence Level

The Fine Print: The Rule on Unusual Clauses in General Terms and Conditions

Protection of Possession against unlawful interference with land

Home Office – Legal Framework and Challenges under Swiss Employment Law

Retention and Bankruptcy – The Fate of the Landlord’s Pledge When the Tenant Becomes Insolvent

The Pitfalls of Warranty Claims in Leasing Contracts

Medical Liability in the Field of Telemedicine

Deepfakes and the right to one’s own image: How you can protect yourself

The Need for Regulation Regarding Digital Estates

Grounds for Refusal in Trademark Law (Switzerland)

Stach Rechtsanwälte recognised as a leading law firm

Speeding offences: an overview of classification and legal consequences

The Blocking Period for Termination in Tenancy Law

Eviction of tenants from the landlord’s perspective

Planned revision of the Financial Institutions Act (FINIG) – introduction of two new licence categories

Police stop: Obligations of the person concerned

Revised Anti-Money Laundering Legislation – Implications for Real Estate Brokers

Sustainability Reporting in Transition: What the EU Omnibus Package Means for Swiss SMEs

Building contractor’s lien: Partial revision as of January 1, 2026

Interaction between Hotchpot (Advancement) and Reduction in the Case of Gratuitous Lifetime Gifts

Right to inspect according to Art. 8a DEBA

Separation in cohabitation

Termination of a Lease Due to Urgent Need

Stalking: New Criminal Offence in Force Since 1 January 2026

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