Women in management positions and the lack of them are always an issue. For certain joint stock companies, gender benchmarks are to apply in the board of directors and management. Christian Rioult appreciates this revision project in the light of the current legal situation.
Art. 39d E-URG obliges hosters to proactively prevent illegal content that has already been deleted from being uploaded to their servers again; but with severe restrictions. Florian Schmidt-Gabain considers the norm to be symbolic and fears a deterioration for the rights holders. He advocates a reformulation of Art. 39d E-URG.
The revised energy legislation contains changes to the merger for common self-consumption. David Sifonios presents the underlying legal relationships in the area of tension between energy, tenancy and corporate law and points out possible pitfalls.
The Federal Code of Criminal Procedure – which has now been in force for seven years – is to become more practical. The Federal Council’s preliminary draft contains numerous changes, such as restricted rights to participate and an adapted penal order procedure. Ivan Dunjic guides you through the changes and briefly analyzes them.
Filing a lawsuit in a Paris court from the beach in Hawaii? This is possible for French lawyers, provided they have the necessary hardware and software. Marco Itin, himself a lawyer in France, gives an insight into electronic legal transactions in France.
Roland Pfäffli dedicates his review in French to the book “La profession de notaire” by Etienne Jeandin. It represents an enrichment of the literature on notarial law and deals with interesting individual questions, e.g. about the legal instruction or the professional secrecy of the notary
The author deals with the material requirements of the subsequent adjustment of the incorrect condominium value quota. In doing so, he focuses on non-consensual facts in order to establish that, for both of the legally given facts, it is usually difficult or impossible to provide evidence that there is an error or that structural changes have led to inadequate value quotas. He therefore demands that the derivation of the value ratios (at the time of justification or a later adjustment) be disclosed.
According to the proposal by the Federal Council in the context of the revision of company law, gender guidelines of 30% and 20% respectively should apply to the board of directors and management of economically important public companies. Under current law, on the other hand, the focus is on the duties and tasks of corporate management as well as the design options in the statutes and organizational regulations when realizing gender diversity in the management bodies. This article analyzes the Federal Council’s proposal and shows alternatives in current company law.