Drawing on perspectives from anthropology and social theory, this book explores the quotidian routines of debt collection in nineteenth-century capitalism. It focuses on Switzerland, an exemplary case of liberal rule. Debt collection and bankruptcy relied on received practices until they were standardized in a Swiss federal law in 1889. The vast array of these practices was summarized by the idiomatic Swiss legal term “Rechtstrieb” (literally, “law drive”). Analyzing these forms of summary justice opens a window to the makeshift economies and the contested political imaginaries of nineteenth-century everyday life. Ultimately, the book advances an empirically grounded and theoretically informed history of quotidian legal practices in the everyday economy; it is an argument for studying capitalism from the bottom up.

- Enforcement of judgments and arbitral awards in Switzerland - Enforcement proceedings step by step - Full translation of the Swiss Debt Enforcement and Bankruptcy Act The enforcement of judgments and arbitral awards is an important part of the practice of many dispute resolution teams all around the world. It often involves cross-border issues, since enforcement can (also) take place in jurisdictions other than the jurisdiction where the judgment or award originated. This book is designed as a practical guide to enforcement issues in Switzerland for foreign practitioners. It explains the various enforcement proceedings on a step by step basis and contains a full translation of the Swiss Debt Enforcement and Bankruptcy Act. The book includes topics such as the enforcement of monetary judgments with and without attachment, the enforcement of non-monetary judgments, and the enforcement of interim measures. All authors belong to the VISCHER Dispute Resolution team whose core competences include the enforcement of foreign judgments and arbitral awards, including attachment proceedings.

Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.

Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

We live in an age of economic turmoil. The recent crises emphasize the need for modern, sophisticated rules to govern businesses in financial distress in order to realize value from distressed companies and to protect economic institutions. This book provides information for legislators, policymakers, lawyers, accountants, academics, and administrators who seek to understand the workings of insolvency laws. Guided by the World Bank’s Principles and Guidelines, it supplements the work in this field done by UNCITRAL.