Archives des contract interpretation under Swiss law - Swiss Contract Law

Real estate development and silent partnership: appearances may not always be deceiving

Unlike in a simple partnership, the silent partner in a silent partnership is not liable for a debt incurred by the general partner under a work contract with a contractor in a real estate development project.

By Marie Jenny|2025-05-23T15:27:09+02:0023 May 2025|Categories: Simple partnership|Tags: contract interpretation under Swiss law, internal vs. external relations within a silent partnership, internal vs. external relations within a simple partnership, joinder of proceedings in a simple partnership context, Joint and several liability, mandatory vs. voluntary joinder of proceedings, SCCP 70, SCO 143, SCO 18, SCO 19, SCO 530, simple partnership vs. silent partnership, subjective vs. objective interpretation|0 Comments

Shareholders’ dispute regarding a former joint venture: Are today’s partners tomorrow’s enemies?

The interpretation of a shareholders’ agreement in a former joint venture which provided for option rights upon change of control.

By Marie Jenny|2023-10-04T17:27:09+02:0019 November 2021|Categories: Joint venture, Share purchase agreement|Tags: arbitrariness, contract interpretation under Swiss law, Federal Constitution Art. 9, Federal Supreme Court’s power of judicial review, FSCA Art. 105, FSCA Art. 106, FSCA Art. 97, joint venture, SCO Art. 18, Share purchase agreement, shareholders’ agreement, subjective vs. objective interpretation|0 Comments