BASICS: 3 sources of law: Customary Law (societal standards), Written Law (Codified Pillar 2: BVG for old people

d people an ^d disabled, to maintain the same standard of living as F Terms (FCA) The delivery takes place at the buyer’s carrier. The carriage is not paid
Law), Judicial Opinion. Main Legal Systems: Civil Law=A) Written codes are the main before. by the seller.
source B) Judicial Opinion, Common Law: A) Main Source are both Written Law and Pillar 3: BVG not mandatory. Savings. C Terms Seller delivers/ organizes good transport from seller’s country to place of
Judicial Opinion developed over the centuries. Main Areas of Law: Public Law -> legal DISPUTE RESOLUTION: When a person does not agree with the legal interpretation of a destination. Then goods are handed over to the buyer
relationships between State and citizens (Constitutional Law, Criminal Law, situation by another person. Two solutions: Judicial Process: resolution by court. D Terms Seller bears all cost/risk until goods are delivered in buyer’s country
International Law, Administrative Law). Private Law: -> relationships between citizens Litigation = when one party lawsuit. The verdict of the court is legally binding with right
(Contract Law, Tort Law, Property and Inheritance Law, Intellectual Property Law). to appeal. Is costly & time consuming. Incoterms gradually switch responsibility from buyer to seller going left to right on the
BUSINESS ASSOCIATIONS: Before suing one must consider: evidence? risks? is the decision enforceable? would graph: EXW: buyer is responsible ->…->DDP: seller is responsible.
Sole Gen.part. Corporation AG LLC GmbH be worth? is ADR an option? Alternative Dispute Resolution (ADR) = like Arbitration, CROSS BORDER LEGAL ISSUES: The international community consists of EU, UN, WTO.
propriet. KG Negotiation or Mediation depends on the parties. In ARD there is the presence of a International Law: how countries deal with each other. It has 3 disciplines: Public
No. of 1 2 or more 1 or more 1 or more neutral person who acts as a moderator The final decision is not necessarily legally International Law/Law of Nations: are the laws that tell countries how to deal with
owners binding. Arbitration = a third person (arbitrator) imposes a decision on the parties. each other. Promote: International peace/security, international trade, international
Min. cap. none none 100’000 CHF 20’000 CHF Arbitration clause between parties in contracts, also deciding if it will be binding or not environment, and relations. International Humanitarian Law: deals with refugees, war,
Commercia From yes yes yes Nonbinding. Negotiation = to settle a dispute informally. Mediation = neutral third human rights, and international crimes. Private International Law: it tells us which rule
l reg. 100.000/yr. party that act as a mediator, work with the parties to facilitate the resolution. he does must be applied when a dispute includes an “international element”. There are 5
Liability Personal, Personal, Limited to asset Limited to not decide. stages: 1) whether a claim has jurisdiction. 2) characterization of cause into legal
unlimited joint, asset International disputes = Private international Law (conflicts of laws) when legal categories. 3) choice of law that must be applied (applies law of the forum and then
unlimited disputes have a foreign Federal Code on Private International Law (CPIL). Procedural law that have the greatest connection). 4) judgement. 5) enforcing the judgement by
Mgmt. and owner both Board of dir. By members Law: methods by which law is applied. Substantive Law: defines rights and duties. cross-border recognition. Supranational Law: Countries agree to follow common rules.
represent. Lower Court: decides the cases. Appellate Court: Reviews decisions. Federal Court: In EU if something between two member states happens EU law applies. Legislative
makes the final decision. Procedure in the EU: 1. Commission proposal 2. Reading Parliament/Council 3. 2
Corp. none none Gen.assembly Voting by
TORT LAW: Functions as a Compensation to the injured party, Prevention and Parliament/2 Council 4. Conciliation 5. 3Parliament/Council 6. Proposal adopted/not
bodies quota,
Punishment (Only in common Law countries) method. Alternatives to Tors Law: Private adopted. Sources of international law: International custom: general practice accepted
managers,
Insurance Law, Social Security Law (financial support in cases of unemployment or as law. Treaties and International Agreements: obligations wanted and accepted by the
auditors
disablement), Victim Support, Labour Law (the employer must continue to pay the states. International Organization: composed mainly of member states. International
Profit/loss owner shared Dividends or Shares or
salary for a period in cases of accident, illness, maternity…). The burden of proof Principles and Doctrine: norms of international law based on courtesy and respect.
retained retained
defines which party must provide the proof for a successful claim. The burden of proof Maastricht treaty: from European community to EU.
taxation Pers. income Owners Doble tax on Double
must include Damage, Causation, Unlawful act, and Fault. Strict Liability: in strict PAYMENT AND SECURITIES: Payment Methods: Open Account: first shipping, then
tax inc.tax dividends taxation,
lability Fault is not required. It’s about when it’s not my fault if smth. Happens. The payment. Payment is due 30/60/90 days after. Cash-in-Advance: first pay, then product
individual
plaintiff must only prove the unlawful act, damage, and causation. In Vicarious Law the delivered. Payment Upon Delivery: delivery and payment at the same time. A bank can
Criteria for choosing a business form: Legal liability, Capital, Control/Decision Making,
employer is held liable for the tort committed by the employee, the same applies to issue a Letter of Credit to the seller where they promise to pay if the buyer doesn’t pay.
Liability, Taxation.
parents and children. Documentary Collection: the two banks (of the buyer and seller) become
INTELLECTUAL PROPERTY: Trademarks =product/service, 10 yrs, can be renewed.
CONTRACT LAW: In a contract both parties must accept. The contract can be broken if intermediaries, but neither make a promise to pay if things go wrong, therefore banks
Applies to color, logo, drawing… if not used for 5 yrs. You lose the right. Trademark
both parties agree (Pacta sunt servanda). Types of contracts: Codified contract bear no risk. Buyer can have the goods only if he pays. Types of Securities: Real
office in Switzerland = Swiss Federal Institute of Intellectual Property. Nice
(written), non-codified contract (combination of different types of contracts such as: Securities: Mortgage, Pledge=Pegno (only on personal property. You give an object as a
Classification: Applicant, Office of origin, WIPO, Office of contracting party, EUTM.
franchise, licence, sponsoring), Bilateral Contract (both parties must respect the secutity pay to your creditor, which he is allowed to keep if you fail to pay. Needed:
Madrid System: if you want to register trademark abroad can submit a single
contract), Unilateral Contract (only one party…), continuing contracts (leasing). Steps of contract, transfer of possession, obligation secured by pledge), Lien (the creditor can
application and designate other member countries in which it would like to register the
a contract: formation, offer, counteroffer (optional), acceptance. The content of the retain an asset until the claim is paid). Personal Securities: Guarantee (third party
trademark (80 countries).
contract cannot be immoral and violate rights or policies, otherwise the contract is responsible for the payment of the debt/ obligation), Surety, Standby Letter of Credit
Copyrights = Intellectual creation, lifetime +70yrs since death (For Software is 50 yrs.
void. A contract is valid when the parties agree upon, if nothing is agreed upon, the (the bank guarantees the payment).
after death). Switzerland = Federal Copyright Act (CA) Patents = Inventions, generally
contract is immediately valid. Breach of contract if performance is defective or was not
20 yrs. Conditions: Novelty, usefulness, inventive step. Patent right must be enforced
there / performance not on time. The victim can claim for damages plus 5% of interest.
by the owner. The patent is valid only internationally (PTC) or in countries which the
If the performance could not be done due to force majeure (Hardship clause) the party
patent was registered. Transfer of intellectual property rights = allow a third party for
is excused. If the service/product is defective the victim has a right for a discount,
the use Franchise = legally independent but economically dependent. Goal is to expand
substitution, or termination of contract. According to the Code of Obligations the risk
operations. It licenses a dealer to sell a product. Trade Secrets: protection of business
of the item passes to the buyer on conclusion of the contract. Often the seller keeps in
secret. Business usually makes you sign an NDA. PCT: patent cooperation treaty. Like
custody the item sold until he hands it over to the purchaser. During this time the
Madrid system for patents.
purchaser bears the risk of loss of the item sold. In the case of fungible goods or where
EMPLOYEMENT LAW: No minimum wage in CH. Employee Rights: 14 weeks family
the item sold is defined only in generic terms, the risk passes to the purchaser only
related absence, maternity/paternity leave must be taken within the first 6 months.
when the seller has selected the item to be delivered.
Employee Duties: work in person, non-disclosure, loyalty/competition, follow the
MARKETING GOODS AND SERVICES: to consider before cross border business: research
regulations. Employer Duties: salary bonus, salary if unable to work, reimbursing
development of strategy & target market, choose sales channel, see legal restrictions.
expenses. Termination of a contract: termination period is usually 7 days (during trial
Sales Channel: direct/indirect, B2B, B2C, Agents/Broker, Subsidiary/Branch Office, Joint
period) otherwise 1, 2, 3 months depending on how many yrs. You worked there and is
Venture, Franchise, Licencing. Broker: facilitates the transaction. Agent: has decision
valid for both parties. In case of extreme circumstances termination can be immediate.
making power and acts on behalf of the principal. Branch office = parent company with
A person’s contract cannot be terminated during illness, pregnancy, or military service
majority of shares (help to export without intermediaries), cheaper, knowledge of
(Inopportune Moments (Nullo)). During maternity moms get 80% of average income.
regional market. Subsidiary company is independent, parent not liable, local law and
Types of Contracts: Individual Employment Contract: The employee is bound by certain
regulations. Set up a new company or buy an existent one. Joint venture: when 2 or +
working hours and follows the employer's instructions during the performance of
companies work together. Easier access in new markets, knowledge, resources
tasks. Contract of Mandate: The mandate involves the commitment of the individual to
Contractual venture: equity venture direct contract for a cooperation between parties
diligently fulfill a contractually agreed-upon task, such as medical treatment. Contract
with duties and obligations, independent, no permanent structure. Equity venture: set
for Work and Services: An independent contractor undertakes to deliver specific works,
up separate legal entity that are the vehicle for the joint undertaking, Simple
such as building construction, tailoring a suit for the ordering party. Foreign employees
Partnership.
have a choice of law.
Incoterms:
Pillar 1: AHV/IV Pension for unemployed
E Terms (EXW) The seller makes the goods available for pickup for the buyer