Insights

Despite extensive clarification, key issues remain unresolved. This post discusses the execution-only question, cantonal divergence, the doctrinal debate between conflict-prevention and “non-enrichment” theories.

A practical playbook: governing retrocessions as incentive risk, segmenting relationship types, implementing court-accepted disclosure, documenting waivers and repapering, and operationalising client inquiries.

The source does not provide a standalone analysis of statutory limitation periods. This source-limited note explains which time-related elements Abegglen actually addresses: retroactive waivers, layered disclosure and periodised bandwidth disclosure.

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.

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.

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.