Switzerland: Contracts and Commercial Law

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Article
Endeavours Obligations In A Contract: How Hard Do You Actually Have To Try?
That can make perfect commercial sense. Regulatory approval may be outside a party’s control, a third party may need to give its consent, or performance may depend on events elsewhere in the supply chain. In these situations, an absolute obligation to deliver a particular result may be unrealistic. Instead, the parties agree on how hard the party must try to achieve it.
Switzerland Commercial
LP
Logan & Partners
Article
Libération Du Paiement D’Une Amende Contraventionnelle En Cas De Détention Injustifiée?
The key issue in this judgment of the Swiss Federal Supreme Court 6B_540/2025 was the interpretation of Art. 10(3) DPA, which sets a strict 90-day cap on substitute imprisonment for unpaid fines (at CHF 30/day). The Federal Supreme Court reversed the lower court's approach, holding that the 90-day limit acts as an absolute ceiling ("Sperrwirkung") that cannot be exceeded regardless of the fine amount. Consequently, the defendant was fully released from paying the CHF 45,000 fine since his pre-trial detention already exceeded the maximum conversion period.
Switzerland Commercial
BK
Bär & Karrer
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