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Impartiality in procedural acts carried out by the debt enforcement and bankruptcy offices
When a person is confronted with debt enforcement or bankruptcy proceedings, they must be able to have confidence in the impartiality of the authorities responsible for enforcing the law. In Switzerland, this role falls to the debt enforcement and bankruptcy offices, headed by enforcement officers (préposés) and their staff. The LP lays down rules to ensure that these officials act in a neutral and objective manner. Within the meaning of Article 10 paragraph 1 number 4 of the
Pavel VASILEVSKI
Dec 162 min read


Misappropriation in Swiss criminal law: diversion from the agreed use
You entrust a sum of money to a manager, or you lend your car to a colleague. If the object is not returned or is used for purposes that were not agreed, with the aim of enriching oneself or benefitting a third party, this may be criminally punishable! Misappropriation is provided for in Article 138 paragraph 1 SCC. A person is guilty of misappropriation who, in order to obtain for himself or for a third party an unlawful enrichment, appropriates a movable object that has bee
irinachernysheva1
Dec 22 min read


The evaluation of chances of success by legal protection insurance companies
When an insured person requests that their legal costs be covered by their legal protection insurance, the insurer may make its intervention subject to certain conditions, particularly the existence of reasonable chances of success. The assessment of the chances of success cannot be purely subjective: it must be based on a serious and objective analysis of the facts and the law, comparable to that carried out for the granting of free legal aid (ATF 119 II 368). In other words
Pavel VASILEVSKI
Oct 302 min read
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