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Property and Trust Law in Switzerland, 2nd Edition

Property and Trust Law in Switzerland, 2nd Edition

作者： Georg von Segesser
出版商： Kluwer Law International
ISBN: 9789403509716
出版时间 March 2019
规格： Paperback
适应领域： Switzerland ? 免责申明：
Countri(es) stated herein are used as reference only

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Switzerland deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure.

An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
The Author

List of Abbreviations

List of Publications

General Introduction

Chapter 1. General Background on Switzerland

Chapter 2. Legal Background on Switzerland

Chapter 3. Introduction to the Law of Property and Trust

Chapter 4. Estate and Patrimony, Trust and Fiduciary Mechanism

Part I. Immovable Property (Real Property)

Chapter 1. General Classification

Chapter 2. Legal Interests – Equitable Interests

Chapter 3. Limited Interests – Servitudes

Chapter 4. Collective Ownership

Chapter 5. Neighbourhood and Urban Problems

Chapter 6. Agrarian Problems

Part II. Movable Property (Personal Property)

Chapter 1. General Classification

Chapter 2. Legal Interests

Part III. Acquisition of Property Rights

Chapter 1. Transfer of Property by Contract Inter Vivos

Chapter 2. Transfer of Property by Death or Corporate Restructuring

Chapter 3. Accession

Chapter 4. Appropriation, Lost Property, and Driftage

Chapter 5. Adverse Possession

Chapter 6. Expropriation

Part IV. Trust and Fiduciary Mechanisms

Chapter 1. The Fiduciary Agreement

Chapter 2. Bankruptcy of the Fiduciary

Chapter 3. Recognition of Trusts in Switzerland

Part V. Security

Chapter 1. Securities in Immovable Property

Chapter 2. Securities in Movable Property

Chapter 3. Security Interests

Selected Bibliography

Index

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