From Our Blog

Defects in the goods sold: the buyer’s remedies

The seller is liable for defects that remove or substantially reduce the value of the goods or their fitness for the intended use (art. 197 CO), even where the seller was unaware of them. The buyer, however, must inspect the goods as soon as the ordinary course of business allows and give notice of defects immediately (art. 201 CO): if the buyer stays silent, the goods are deemed accepted and the warranty is lost. A buyer who gives notice in time may seek rescission of the sale, a reduction in the price or, for fungible goods, delivery of replacement goods free of defects (art. 205 and 206 CO). The claims become time-barred two years after delivery, five years for goods incorporated into immovable works (art. 210 CO).

9 Sept 2026Read article

commerciale-societario5 min read

Dismissal of the objection: provisional or definitive (art. 80-82 DEBA)

When the debtor objects to a payment order, enforcement comes to a halt and it is up to the creditor to act (art. 78 DEBA). To continue, they must obtain dismissal of the objection: provisional (art. 82 DEBA), if they hold a written acknowledgement of debt, or definitive (art. 80 DEBA), if they already have an enforceable judgment or an equivalent title. Provisional dismissal leaves the debtor 20 days to contest the debt on the merits with the action for release from debt (art. 83 DEBA); definitive dismissal, by contrast, as a rule closes the discussion.

21 Jul 2026Read article

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