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commerciale-societario7 min read

Attachment of assets in Switzerland (art. 271 DEBA)

Attachment is the urgent measure by which a creditor has the debtor's assets in Switzerland blocked before they are removed or otherwise disappear (art. 271 DEBA). The court grants it by an attachment order, by surprise and without first hearing the debtor, when the creditor makes credible their claim, a ground for attachment, and the existence of the debtor's assets in Switzerland (art. 272 DEBA). Even a creditor based abroad can request attachment of assets located in Switzerland, in particular if they hold a title recognised under the Lugano Convention, for example a court judgment. Once the attachment is obtained, the creditor has 10 days to validate it by starting enforcement or the action on the merits (art. 279 DEBA).

30 Jun 2026Read article
commerciale-societario7 min read

Setting up a Sagl in Ticino: capital, costs, notary

Setting up a Sagl in Ticino requires share capital of at least CHF 20'000, fully paid in before signing (art. 773 and 777c CO), a deed of incorporation in the form of a public deed drawn up by a notary (art. 777 CO) and registration in the commercial register, by which the company acquires legal personality (art. 779 CO). The out-of-pocket costs, on top of the capital, are around CHF 2'000 between the notary's fee and the registration fee, and it takes 2 to 4 weeks.

15 Jun 2026Read article
commerciale-societario6 min read

I received a payment order: what to do

Anyone who receives a payment order has 10 days to file an objection at the Debt Enforcement Office (art. 74 DEBA). The objection is declared orally or in writing, without reasons, and suspends the procedure: the creditor must then apply to the court to obtain dismissal of the objection. Letting the deadline pass without reacting allows the creditor to continue the enforcement by seizure or by threat of bankruptcy.

11 Jun 2026Read article
Famiglia10 min read

Divorce in Switzerland: Costs, Procedure and Timeline in 2026

Joint and unilateral procedure, real costs in Ticino and average court timelines. Practical guide by Avv. Hugo Haab of Studio Haab Lugano.

28 Apr 2026Read article
Immobiliare4 min read

Condominium Ownership (Stockwerkeigentum)

Simple majority, qualified majority or unanimity: which rules apply to decisions of the co-owners' assembly in Swiss condominium ownership, and how is voting calculated between those present and those absent?

27 Jul 2025Read article
Vario6 min read

Speeding in Switzerland: Penalties and Procedures

In Switzerland, speeding triggers two separate proceedings, one criminal and one administrative, with consequences ranging from a fixed fine of CHF 40 to a custodial sentence and driving licence suspension.

27 Jul 2025Read article
Famiglia6 min read

Child maintenance in Switzerland: KESB or court?

Child maintenance for children of unmarried parents in Switzerland: where parents agree, the KESB (Art. 287(1) CC) has jurisdiction; without agreement, a maintenance action before the court is required (Art. 286(2) CC).

27 Jul 2025Read article
Immobiliare6 min read

Condominium Ownership (PPP): Warranty Rights for Defects

In Swiss condominium ownership (PPP), warranty rights for defects depend on the type of building part involved (exclusive or common) and the contractual chain. The Federal Supreme Court has confirmed that an individual co-owner may act independently, even for defects in common parts.

27 Jul 2025Read article
Immobiliare5 min read

Real estate reservation agreement in Switzerland

A private real estate reservation agreement is void under Swiss law (art. 216 CO). The deposit is recoverable by the buyer, except for actual costs the seller can prove.

27 Jul 2025Read article
Lavoro6 min read

Termination During Protected Periods in Switzerland (Art. 336c CO)

In Switzerland, termination of an employment contract during illness, accident or pregnancy is void (Art. 336c CO). Protection lasts 30 days in the first year of service, 90 days from the second to the fifth year, and 180 days from the sixth year onward. If the notice was served before the illness, the notice period is suspended until recovery.

25 May 2025Read article
Immobiliare4 min read

Condominium Ownership (PPP): Necessary, Useful, and Luxury Construction Works

Swiss law distinguishes three categories of construction works in condominium ownership: necessary, useful, and luxury. Each requires different majorities at the owners' meeting and provides specific mechanisms to protect minority co-owners.

19 Feb 2025Read article
Immobiliare4 min read

Condominium Ownership (PPP) and Airbnb: Can Short-Term Letting Be Prohibited?

Can Airbnb be prohibited in a condominium ownership? The answer depends on the intended use, the location and the standard of the property.

18 Feb 2025Read article
Locazione4 min read

Lease Agreement in Switzerland

A practical guide to Swiss lease agreements: deposit limits, termination rules, handover protocols, and tenant rights under the Code of Obligations, with a focus on Canton Ticino.

15 Feb 2025Read article
Locazione6 min read

Lease Law: Tenant Liability for the Condition of the Leased Property upon Return

What must a tenant pay for when returning a leased property? Normal wear and tear, current value, and depreciation tables: the legal criteria explained with a practical example.

15 Feb 2025Read article
Immobiliare3 min read

Condominium Ownership (CO)

What to do if the condominium administrator fails to convene the assembly? From the right to request a meeting to court proceedings: the concrete steps under Swiss law.

15 Feb 2025Read article
Locazione3 min read

Tenancy law: defects at the end of the lease

At the end of the tenancy, the landlord must notify defects within 2–3 days. Failure to do so bars claims under tenancy law, but a claim based on tortious liability (Art. 41 et seq. CO) remains available.

15 Feb 2025Read article
Immobiliare4 min read

Condominium Ownership (CO): Works on Common Parts Subject to Exclusive Use Rights

An exclusive use right over a common part in condominium ownership does not authorise the co-owner to carry out building works without the consent of the assembly: what Swiss law provides (Art. 712a et seq. CC) and the practical consequences.

15 Feb 2025Read article
Vario5 min read

Buying and Selling a Company

Share deal or asset deal, due diligence, contractual warranties and tax implications: the key aspects of buying or selling an SA or Sagl under Swiss law.

15 Feb 2025Read article
Immobiliare3 min read

Purchase of immovable property in Switzerland by foreign nationals

The Lex Koller governs the acquisition of real property in Switzerland by foreign persons: who requires authorisation, which properties are subject to restrictions and what happens in case of non-compliance.

25 Jan 2023Read article
Vario4 min read

Collection of Italian Fines in Switzerland

Swiss debt collection companies cannot collect Italian fines: the Federal Criminal Court has confirmed this. What to do if you receive a demand for payment and what the real risks are.

7 Aug 2022Read article
Immobiliare4 min read

Right of purchase and contractual penalty

Does the buyer always lose the amount paid when waiving a right of purchase? A ruling by the Ticino Court of Appeal says no: the contractual penalty may be reduced or refunded.

2 Aug 2022Read article
Famiglia4 min read

Divorce agreement

Can spouses regulate the financial consequences of a potential divorce in advance? The anticipatory agreement under Swiss law: requirements, limits, and judicial approval.

29 May 2022Read article
Appalti5 min read

Statutory lien of tradesmen in subcontracting

A subcontractor can register a statutory lien on your property even if you have already paid the general contractor in full. Learn how to protect yourself with the right contractual clauses.

29 May 2022Read article
Vario4 min read

Storage agreement: what to do if the depositor does not pay?

Your client is not paying storage fees? Here are the rights of the custodian under Swiss law: from the right of retention to enforcement proceedings.

6 Nov 2021Read article
Successorio4 min read

Certificate of Inheritance

The certificate of inheritance is the document that officially confirms the status of heir in Switzerland. Find out what it is, which documents are required and how to apply for it at the competent District Court.

26 Sept 2021Read article
Immobiliare4 min read

Real Estate Law: The Various Types of Brokerage

Introducing broker, negotiating broker or procuring broker: what are the differences and when is the commission owed? What Swiss contract law provides on real estate brokerage.

18 Jul 2021Read article
Appalti6 min read

Compensation: current value or replacement value?

After an incident, the insurance company nearly always offers the current value of the damaged property. Yet Swiss law provides clear cases in which the full replacement value is owed. Understanding the difference can be worth tens of thousands of francs.

18 Jul 2021Read article
Vario4 min read

Retrocessions under the mandate contract

Retrocessions in asset management give rise to specific obligations for the agent: from informing the client to returning the sums received. What Art. 400 CO provides and what civil and criminal risks are involved.

18 Jul 2021Read article
Appalti7 min read

Construction contracts: the property owner's right to have defects repaired by the contractor

The work delivered by the contractor is defective? The client has the right to free repair, a reduction in the contract price, or rejection of the work. Here is how to proceed before and after delivery.

18 Jul 2021Read article
Vario8 min read

Entry and stay in Switzerland

A practical guide to Swiss residence permits, covering B, C, L, and G categories, the key differences between EU/EFTA and third-country nationals, family reunification rules, and the application process for relocating to Switzerland.

18 Jul 2021Read article
Appalti5 min read

Construction Contract: Contractor's Delay

Is the contractor late with the construction work? Here is how to act under Swiss law: from formal notice to the three options under Art. 107 CO.

18 Jul 2021Read article
Appalti6 min read

The client's right to withhold payment of the contractor's fee

Work delivered with defects? The client may withhold the fee until repairs are completed, pursuant to Art. 82 CO. Here are the conditions, limits and practical aspects of this remedy.

18 Jul 2021Read article
Vario5 min read

Setting up a Company in Switzerland

SA or Sagl? Minimum capital, notary requirements, process steps, and timeline for setting up a company in Switzerland. What to expect when incorporating in Lugano, Ticino.

18 Jul 2021Read article
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