Insights

The source does not provide a prescription-period analysis. This source-limited note explains what Abegglen does cover instead: retroactive waivers, time-layered disclosure, client inquiry expectations and the annualised disclosure architecture.

What happens between an unpaid invoice and formal enforcement? This post explains the key terms (payment order, objection, seizure, realisation, bankruptcy) and why process clarity reduces friction.

What makes a retrocession waiver effective under current case law? We distil Abegglen’s summary of required disclosure elements, the meaning of ‘Eckwerte’, the acceptance of bandwidth-based disclosure, and practical implications for AGB and repapering.

Debt collection is not about stigma or pressure; it is about fair, documented processes that prevent escalation. Using BFS data (1994/1995–2024), we show why professional claims management matters for businesses and households.

From the first landmark ruling (2006) through the informed-waiver doctrine (2011) to the 2024 clarifications on ‘Eckwerte’, industry-standard disclosure and retroactive AGB waivers—this timeline summarises what the Federal Supreme Court has decided and what remains open.

Art. 400 CO is the doctrinal anchor for retrocession surrender duties. This post explains the ‘inner connection’ test, the conflict-of-interest rationale, and how relationship type (wealth management, advice, execution-only, custody) drives the analysis.