45
votes
A Swiss watch company seized my watch, saying it was stolen. I bought it 10 years ago. Is that legal?
switzerland
"Gutgläubiger Erwerb gestohlener Dinge" (buying of stolen goods in good faith) is a big topic in law. Different jurisdictions handle it differently, but most European (civil law) ...
- 7,855
37
votes
Accepted
What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?
In several civil law systems, including in Switzerland, the involvement of a defence lawyer can be mandatory, even against the will of the accused.
If the accused does not appoint a lawyer, a duty ...
- 6,401
35
votes
A Swiss watch company seized my watch, saying it was stolen. I bought it 10 years ago. Is that legal?
You describe a case with two or possibly three affected jurisdictions, Poland, Germany, and Switzerland.
First, you can of course demand that the Swiss company should give you documentation about the ...
- 20.5k
27
votes
Accepted
Is threatening to go to the police blackmailing?
In Switzerland, Bob doesn't need to go as far as reporting the illegal activity of gambling. He can file a complaint to have the situation remedied, and is also entitled to reduction of rent and/or ...
- 1,702
23
votes
Accepted
Why don't law collections show who the author of the law is?
Laws are collective works that often have multiple authors.
Law do not have, in general, a single author, although minor, uncontroversial legislation that passed more or less unanimously without much ...
- 239k
21
votes
What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?
canada
Defence counsel needs to make clear the permissible scope of argument that they can make, consistent with the lawyer's ethical obligations to the profession and to the court.
The arguments that ...
- 72.6k
12
votes
Accepted
Why do legal documents often have a place next to the date?
The validity of the execution of a contract is governed by the law of the place where it was signed. A location next to the date establishes that place and hence often, the governing law for the ...
- 239k
12
votes
What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?
united-states
In the USA, my daughter (who is quite good at this) believes the key skill for a criminal defense attorney is convincing their clients to do the things that will result in the best ...
- 7,700
11
votes
Property ownership of liquidated company
The company continues to own all its assets
australia
The appointment of a liquidator to does not change what the company owns - it just changes who is in control (the liquidator rather than the ...
- 226k
10
votes
What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?
The duty to the client is secondary to the duty to the court
australia
Barristers in Australia are governed by the Legal Profession Uniform Conduct (Barristers) Rules in the state or territory where ...
- 226k
10
votes
A Swiss watch company seized my watch, saying it was stolen. I bought it 10 years ago. Is that legal?
england-and-wales
Not directly applicable to the OP, but in England and Wales (and I suspect most common-law jurisdictions), if the person that purported to sell/give it to you didn't have good title (...
9
votes
Property ownership of liquidated company
united-states
In most U.S. jurisdictions, a dissolved company continues to be the owner of any property not disposed of belonging to the company, notwithstanding the fact that a liquidation of its ...
- 239k
9
votes
Accepted
Do Swiss banks have the right to demand seeing a visa for a foreign country?
Yes
The relevant Swiss law is known as the FATCA Agreement and has been in force since 30/6/2014. FATCA stands for the Foreign Account Tax Compliance Act, a unilateral set of US regulations that ...
- 226k
9
votes
Why don't law collections show who the author of the law is?
canada
Public acts
The legally relevant portions of the legislative process are public acts, not dependent on the identity of the person who actually chose the words, if such an individual could even ...
- 72.6k
9
votes
Is threatening to go to the police blackmailing?
Yes, but not in the circumstances described
new-south-wales
Blackmail is defined in s249K of the Crimes Act 1900:
(1) A person who makes any unwarranted demand with menaces--
(a) with the intention ...
- 226k
8
votes
Accepted
Legal protections for an expired email domain
Not that I am aware of.
A person who 'owns' a domain is entitled to utilize that domain including for the purposes of receiving emails.
With physical mail, it is a crime in most countries to ...
- 226k
7
votes
Accepted
Can a natural person issue stock in a private project they’re working on?
There are certain legal arrangements that are implied in law when a project or activity is carried out without forming a legal entity. The classification of the legal arrangements in question govern ...
- 239k
7
votes
Accepted
Is it illegal in Switzerland to download scientific books from sci-hub?
Warning: This answer is ludicrously long. @user6726's answer is sufficient for most purposes. However, I wondered "What if personal use copying didn't cover the download, could it be saved by ...
- 4,951
7
votes
Why don't law collections show who the author of the law is?
It doesn't matter
The individual person who wrote a law is irrelevant to its application. The legislature that passed it matters, of course, but not the person who wrote it. It is important to know ...
- 17.3k
7
votes
Do I have right to refuse to talk to the receptionist and only talk to the doctor?
germany
There is no requirement in law that a specific doctor needs to grant you an appointment.
You are free to chose a doctor you want. A doctor is free to chose their patients. They can refuse you ...
- 10.2k
6
votes
"No logs" in Switzerland and Internet crime
How come this is viable?
Because it’s legal.
What if people use their service to commit crimes?
What if people use a Ford in a bank holdup? Or a Glock in a murder? Or the US Postal Service in a ...
- 226k
6
votes
Is it considered harassment if a neighbor threatens with legal actions on whatever I do on my property
You must comply with the law even on your own property
Things like handrails and fencing of potential falls are almost always subject to local building codes. "[S]ome netting" is unlikely to ...
- 226k
6
votes
Can a judge consider recent events in an older case?
canada
Evidence of offences other than the one for which the accused is being sentenced is admissable at a sentencing hearing, even evidence of untried offences. R. v. Edwards, 2001 CanLII 24105 (Ont. ...
- 72.6k
6
votes
Why don't law collections show who the author of the law is?
In the united-kingdom, there is one example I know of where authors are identified within the text of an Act. (There are also some historical laws often attributed by name, such as "Lord Brougham'...
- 8,512
6
votes
Why don't law collections show who the author of the law is?
switzerland
In Switzerland laws are written by the administration (upon a motion by parliament or an initiative by the voters) and then debated, modified and approved (or not) by the parliament (and, ...
- 161
5
votes
Can a natural person issue stock in a private project they’re working on?
You can’t own people
Since stock represents the ownership of the entity, it follows you can’t have stock in people.
What you describe can be more simply dealt with in a contract
The participants (or ...
- 226k
5
votes
Is it illegal in Switzerland to download scientific books from sci-hub?
Article 19 of Swiss copyright law says that "Published works may be used for private use" (emphasis added), though excludes computer programs from that exception. "Private use" is defined to include ...
- 217k
5
votes
Accepted
Can I legally publish a compilation of copyrighted material without licence? How?
No. You may not do this. As your post points out this is a blatant copyright violation. It isn't remotely in the realm of fair use.
- 239k
5
votes
What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?
Typically most lawyers would ask the judge for permission to be removed from the case following the revelation that the lawyer cannot offer a competent defense. I'm not familiar with Swiss legal and ...
- 23.2k
Only top scored, non community-wiki answers of a minimum length are eligible