1,721,096 research outputs found

    Le contrôle des concentrations d’entreprises

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    The merger control test is being questioned in Switzerland. Many commentators are in favor of transposing the European law in this field and its SIEC test for "Significant Impediment to Effective Competition" into the Swiss Cartel Act. This study first considers the appropriateness of a legislative change as well as the choice of a possible new test. Then, in an examination of the Comco's merger control practice from 1997 to 2019, the thesis presents the Swiss test step by step and its application in statistical form. The author then compares the Swiss test with the American SLC test and the European SIEC test with the use of didactic tables and finally formulates a legislative proposal

    Die Rechnungsstellung im schweizerischen Obligationenrecht

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    Although invoicing is of great importance in practice, there is no fundamental treatment of its effects in the area of ​​application of the Code of Obligations in the Swiss civil law literature. The present study entitled "Invoicing in the Swiss Code of Obligations" aims to close this gap. In it, the author primarily discusses the consequences of invoicing for the origin, scope, due date and limitation of claims and how the invoicing affects the default of the debtor. The thesis is also devoted to the legal consequences of additional declarations by the biller, which are frequently encountered in practice, and sheds light on the legal status of the recipient of the bill

    Datenschutz bei drohnengestützter Datenbearbeitung durch Private

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    The usage of drones is constantly increasing, even among private individuals. Anyone who hears or sees a drone usually does not know whether he is being observed or filmed and whether the recorded material is being broadcast live or recorded. It also regularly remains unclear who is responsible for the drone. With this in mind, this book deals with the following question: How can the right to informational self-determination – substantiated in data protection law – be enforced in the case of drone based data processing by private individuals? The author analyses both the future data protection law and the new regulations on drone aviation and presents concrete proposals for an adjustment of the law

    Ablehnungs- und Umsetzungsraten von Organtransplantationen – mögliche Ursachen und denkbare Auswege

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    The work deals intensively with the very complex topic of post-mortem organ donation and the question of why it is that not all organs of potential organ donors are considered in transplantation. It covers central questions of the legally and ethically required handling of dying and death. In addition to a presentation of the relevant legal situation, the statistical findings on organ transplants performed in Switzerland during the observation period, the relatively high rates of rejection and low rates of conversion of organ donations by means of retrospective analysis of the data of all in 2013 at their then place of work, the Cantonal Hospital of St. Gallen are made and their results compared with those of the national SwissPOD study. The "primary desirable goal" of the measures taken to promote organ donation appears to the author to be less the "increase in available organs, but rather reflection on dying and one's own death", which is why she would welcome an increase in the number of living wills and organ donation cards available, in order to thereby reduce the emotionally stressful proxy decisions - regardless of the will specified therein

    Le contrôle des concentrations d’entreprises

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    The merger control test is being questioned in Switzerland. Many commentators are in favor of transposing the European law in this field and its SIEC test for "Significant Impediment to Effective Competition" into the Swiss Cartel Act. This study first considers the appropriateness of a legislative change as well as the choice of a possible new test. Then, in an examination of the Comco's merger control practice from 1997 to 2019, the thesis presents the Swiss test step by step and its application in statistical form. The author then compares the Swiss test with the American SLC test and the European SIEC test with the use of didactic tables and finally formulates a legislative proposal

    Ablehnungs- und Umsetzungsraten von Organtransplantationen – mögliche Ursachen und denkbare Auswege

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    The work deals intensively with the very complex topic of post-mortem organ donation and the question of why it is that not all organs of potential organ donors are considered in transplantation. It covers central questions of the legally and ethically required handling of dying and death. In addition to a presentation of the relevant legal situation, the statistical findings on organ transplants performed in Switzerland during the observation period, the relatively high rates of rejection and low rates of conversion of organ donations by means of retrospective analysis of the data of all in 2013 at their then place of work, the Cantonal Hospital of St. Gallen are made and their results compared with those of the national SwissPOD study. The "primary desirable goal" of the measures taken to promote organ donation appears to the author to be less the "increase in available organs, but rather reflection on dying and one's own death", which is why she would welcome an increase in the number of living wills and organ donation cards available, in order to thereby reduce the emotionally stressful proxy decisions - regardless of the will specified therein

    Datenschutz bei Drohnengestützter Datenbearbeitung durch Private

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    The usage of drones is constantly increasing, even among private individuals. Anyone who hears or sees a drone usually does not know whether he is being observed or filmed and whether the recorded material is being broadcast live or recorded. It also regularly remains unclear who is responsible for the drone. With this in mind, this book deals with the following question: How can the right to informational self-determination – substantiated in data protection law – be enforced in the case of drone based data processing by private individuals? The author analyses both the future data protection law and the new regulations on drone aviation and presents concrete proposals for an adjustment of the law
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