Transferring Agreement

Structuring the transfer of capital Although the law provides a solution that facilitates the transfer of agreements, some of the aspects described above still need to be examined in court and confirmed by statements of the Federal Court of Justice. Most Swiss experts believe that the court will look at the issue from a liberal and economic perspective and decide that the third-party agreement is not necessary. Third-consent to a transfer of agreements as part of the transfer of asset rules into law Unfortunately, the law itself is no more detailed on whether a transfer of agreements through a transfer of assets under the law requires third party approval. As the law is still relatively recent, no judgment of the Swiss Supreme Court or a cantonal supreme court offers a precedent in this regard. Pending such a judgment, it is advisable to exercise caution in the transfer of assets by transfer of assets within the framework of the law: although some of these issues may apply in general, they may be ignored in the context of securitization involving the sale and transfer of a large number of agreements from the initiator to the securitization vehicle. Almost all Swiss experts believe that the existence of a amendable clause in a securitisation agreement does not constitute an obstacle to the transfer of the agreement in the context of the transfer of assets into law. However, in certain circumstances, the third party may be allowed to terminate the contract thus transferred, probably with immediate effect; which is more likely if the transfer would penalize the third party. It is not clear whether such a transfer of copyright is generally permitted. [28] Promoters or research institutes, public museums or art galleries may have guidelines that stipulate that copyright to research, content, intellectual property, employment or funds cannot be transferred to third parties, commercially or otherwise.

Normally, a single author signs on behalf of all authors, perhaps without their conscience or permission. [25] A comprehensive understanding of copyright transfer contracts requires a firm understanding of "Legal Speak" and copyright, in an increasingly complex landscape of licensing and copyright[Note 1][Note 2] and for which there is a steep learning curve for librarians and researchers. [29] [30] Thus, in many cases, authors may not even have the right to transfer full rights to publishers or agreements have been amended to provide complete texts on repositories or archives, regardless of the subsequent publication contract. [31] Interest in asset transfer Some experts argue that the interest of the assignor and the assignor for the transfer of assets under the law must be greater than that of the third party in retaining the freedom to choose its contractors. This argument is very controversial. However, the analysis of the various interests involved does not reveal any particular discrepancies in the context of securitisation. If the third party is not informed, they would not recognize that the agreement has been transferred, because the maintenance remains exactly the same. However, the author and the securitization vehicle have a clear interest in transmission. Most Swiss legal experts believe that agreements can be transferred without the consent of third parties. Some invoke the notion of partial universal succession and argue that, if the third-party agreement were necessary, the newly created notion of a universal succession of assets under the act would be unnecessary and that the interpretation of the act as third party consent to their mind would be contrary.