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 validity of that signature.
If the contract does not expressly state what law governs, the contract itself is governed by the law of the place where the last ...
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 intentionally interfere with mail that is not addressed to you. For example - Australia. However, this is statute law and as such does not extend to emails - even if ...
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 the legal rights of the parties.
These arrangements are surveyed below. This is followed by a brief list, for contrast and completeness, of the main different ...
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 not only private use, it extends to use by friends and relatives, and in educational settings. But, para 3 say that except for personal use including that by ...
Yes, there are legal remedies.
GDPR would first require them to handle the emails with a great deal of care. They would not have permission to read them and they may contain private correspondence or information, which is protected by GDPR. As such any abuse of that information, or even storing it for longer than required to identify it as such, would be ...
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 Nigerian letter scam?
If the goods or services are legal and not provided for an obviously illegal purpose, nothing happens.
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 their lawyer) draft their agreement outlining their rights and obligations. Done and done.
Swiss customs has a form to submit questions like this and they gave me a very informative answer. As it turns out the receiver is also part of the customs process. If for some reason customs decides to open an investigation assuming that something regarding declaration/import was wrong the receiver will also be part of the investigation and it is possible ...
"Discrimination" is in some way treating people differently from other people. Much discrimination is a sound idea. Not letting someone fly a plane who does not have pilot training is discrimination, but not a bad kind. So is not allowing someone to do surgery who has not trained as a doctor.
Unlawful discrimination is discrimination that a ...
Discrimination happens whenever a decision is made that favours one person or group and disfavours another person or group.
For example, as I write the Olympics are drawing to a close. These clearly discriminate against people who are not good at sport.
However, I think you may be confusing “discrimination” with the much narrower class of ...
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 education or research exceptions?" and stumbled into an unexpectedly deep research rabbit hole, which I figured I might as well share.
This kind of indirect age discrimination is probably legal in Switzerland since even direct age discrimination is effectively* legal.
In 2017, the Federal Council (Swiss executive) proposed rejecting a motion to prohibit age discrimination in job offers, which the National Council (Swiss legislative lower house) later let expire. Noting that only about 10% ...
It seems that your friend is taking part in a multi-level marketing scheme. However, this does not necessarily exclude a pyramid or snow ball scheme.
Both can be illegal in Germany and Switzerland under the respective unfair business practices codes, because the systems do not rely on the sales of goods and services, but on the continuous recruitment of ...
I don't know about that particular case, but you are basically right: In Switzerland, if you want to apply for citizenship, you apply for it in the municipality first. Everybody having the citizenship of the municipality has the swiss citizenship as well. In theory, the canton and the state also have something to say, but that's irrelevant for most ...
You can file a U.S. provisional patent application now, which you can then convert into a regular ("nonprovisional") application within a year. The provisional application is relatively simple and inexpensive, and it will give you an opportunity to explore your business possibilities and assess whether you want to spend more money on patent work later. It ...
OR 324 is quite the right article for this. If the employer doesn't want that you work (because he has nothing to do for you) it's his problem, not yours. He still has to pay if you are there and ready to do work. This is for instance also mentioned in this article.
The meaning of this is obvious if having a contract with a fixed number of work ...
Under GDPR the principle of Data Minimization rules that companies should not keep Personal Data that is irrelevant towards the fulfillment of a given service they render you.
So, YES, you can "hide"/ cover" Data on any document that goes beyond what is "vital" to ensure the Service is rendered.
Let's imagine I am to become a member of a Library, I can blur ...
For a different jurisdiction, in Australia, motor vehicles are required to give cyclists 1m clear berth on roads with a speed limit of 60km/h (~ 35 mph) or less and 1.5m on roads with higher speed limits (and are required to pass any vehicle safely - which also applies to cyclists). The driver of the motor vehicle is at fault for the collision if the vehicle ...
guten Glauben gelebt hat, das Schweizer Bürgerrecht zu besitzen
The translation should be understood as: in good faith believes to be a Swiss citizen.
When a parent is naturalized, the minor children are often also naturalized.
For some reason, the naturalization took place on (or after) the day the child became an adult (thus was not a ...
Website project canceled. Do I need to Restore old page?
You seemingly do. This is equivalent to taking your drivable car to the mechanic for maintenance or improvements. If the contract is cancelled for whatever reason, it would be unacceptable that the mechanic returns you the car in a condition worse enough that you can no longer drive it.
The transfer ...
I did some research and found the information below. It took me a while to figure out that the issue is known in German as "Insichgeschäft". The quotes below are translations from Wikipedia.
The term self-dealing is also used in Switzerland. It is regulated in Art. 32 ff. OR.
The Federal Supreme Court has consistently ruled that self-contracting ...
People can attend University at (almost) any age
While most people complete their first degree in their early twenties, some do not get higher education until much later in life. The oldest graduate with a first time bachelor’s degree that I am aware of was in her early 90s.
Based on comments:
Magic: The Gathering are trading cards for a game
a google search 'eu tarifcode trading cards' returns
HS Code 95044000 - Playing, cards - Tariff Number
a query at the eu tarifcode database TARIC Consultation with
95044000 and Switzerland returns
playing cards, Switzerland
Switzerland (CH) Tariff preference (20-12-1972 - ) : 0 %
Switzerland is a member of the Council of Europe, and has ratified the European Convention on Human Rights. This explicitly recognizes the right to a family life, which directly protects marriage (Article 8 ECHR). As such, it ranks above Swiss national law. And you're right, the same applies to other CoE members including all EU members.
I had recieved a parcel via DHL-Express from China to germany last year.
I was lucky to monitor the parcel, as it was not properly declared: The contents were listed as 2 times the same item, but X-Ray showed that it was different items, my contact address was not on the outside of the parcel, so Customs decided to pull my parcel for inspection.
If I hadn't ...
But when user connects to a VPN server physically located in USA but
owned by company based in Switzerland, wouldn't the US law be applied
in this case (concerning saving connection logs and all the other
things), regardless of where company's headquarters are?
The US law could well be applied if the VPN provider was challenged in a US court, or ...
TRIPS is an essential part of the WTO. Article II(2) of the Marrakesh Agreement Establishing the World Trade Organization:
The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as “Multilateral Trade Agreements”) are integral parts of this Agreement, binding on all Members.
TRIPS is part of Annex 1.