Publisher's Synopsis
Excerpt from Commercial Laws of Switzerland
Switzerland is a Federation composed of 22 sovereign States or Cantons, of which 3 are divided into sovereign demi-cantons, so that it ma be said to consist of 25 States. Originally every one of these 25 tates had a legislature of its own, but in the course of time the centralizing tendency of the Swiss Parliament has led to the passage of uniform laws. At the present time the civil laws of Switzerland are in the form of a code, valid for the entire Federa tion. The fifth part of this code, known as the Law of Obligations and composed of 880 articles, takes up commercial legislation.
Certain matters are, however, left to the sovereign action of the Cantons, and especially the methods of carrying the provisions of the code into effect vary in every Canton, so that disputed claims must be handled differently in each of the 25 units composing the Federation. Particularly the organization of the courts differs from Canton to Canton. It is the cantonal - that is, the local - law which prescribes the competence of this or that court in commercial litigation. In some Cantons there are commercial courts provided for the settlement of disputes between business firms, while in other Cantons the same court passes on commercial and noncommercial litigation.
The ultimate appeal from the highest cantonal courts, where the claim exceeds in value the sum of francs lies to the Swiss Federal Tribunal at Lausanne. This supreme court of Switz erland decides upon the merits of the claim and thus provides for a uniform interpretation of the substantive provisions of the law affecting commerce, but it has no jurisdiction to entertain appeals as to points of procedure merely.
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