Publications by Dr. Gion Christian Casanova
The Scope of Due Service of Process: Swiss Law Considerations on the Enforcement of Foreign Default Judgments
Cutting-edge ways of introducing and taking evidence – session report
The co-moderators Christian Casanova (Prager Dreifuss) and Cedric Chao (DLA Piper) summarise in this session report the discussions of the panel ‘Cutting-edge ways of introducing and taking evidence’, held at the IBA Annual Litigation Forum Conference in Zurich on 3-5 May 2017. The panel highlighted the possibilites new technologies and big data provide in aiding in the collection of data for court use, in the evaluation of potential jurors, and in the processing and presentation of large data amounts to courts, while also exploring the ethical and legal boundaries of the use technology.
Free at Last? A Contract for the ‘Professional Insured’
In June 2017 the Swiss Federal Council has adopted the dispatch to the Parliament on the amendments of the Insurance Contract Act (ICA). Christian Casanova provides in this briefing an overview on the most important changes. Of particular interest in the insurance of large commercial risks is the envisaged exemption from the regime of mandatory provisions for the so-called ‘professional insureds’.
Pre-emption rights – an unfailing source of conflict
In this briefing Christian Casanova highlights issues potentially arising from pre-emption rights in the sale of a co-property. In a judgment of 2 August 2016 the Federal Supreme Court had to decide whether the co-proprietor had validly exercised his pre-emption rights for particular parcels only in a situation where six parcels had been sold as an economic unity (Sachgesamtheit). The Court rejected an obligation of the co-proprietor to either exercise his pre-emption rights for all parcels or to otherwise completely desist of such an exercise. As a result, the co-proprietor was able to pick some of the parcels and the transaction as sale of an economic unity failed. This judgment exhibits the need to thouroughly analyse the propriety structure in real estate transactions and to integrate relevant third parties in time.
Freezing Orders and Asset Tracing
Switzerland is home to more than 260 banks, with an aggregate balance sheet total of approximately 3 trillion Swiss francs. A considerable part of the assets managed in Switzerland belong to non-domestic clients. This makes Switzerland not only a major financial centre, but also a hub for the global wealth management business. Against this backdrop, it goes without saying that obtaining provisional relief affecting property in Switzerland, and bank accounts in particular, is of great significance from a practical point of view. Christian Casanova and Alexander Flink describe the process of obtaining freezing orders and tracing assets in Switzerland.
Landlords beware of tenant lease continuation rights
Dr. Gion Christian Casanova presents a brief on a recent decision of the Swiss Federal Tribunal expanding the commercial tenant’s claim to an extension of the lease.
In Erwartung der Revision… Zum Regress des Haftpftlichtversicherers
Untersuchung von Regressmöglichkeiten des Haftpflichtversicherers.
Ausgleichsanspruch und Ausgleichsordnung – Die Regressregelung von Art. 51 OR
Rules on Claims for Contribution: The Concept of Recourse under Article 51 of the Swiss Code of Obligations.
Die beschränkten dinglichen Rechte
Einführung in das Rechtsgebiet der beschränkten dinglichen Rechte.