expert profile

Bojan Petkovic

Lawyer |Notary

Languages: German, English

Bojan Petkovic is a lawyer who advises and litigates, particularly in the areas of contract, labor, tenancy, corporate law, debt collection and bankruptcy law, as well as criminal and data protection law. As part of litigation, he represents clients before all state courts and authorities. Bojan Petkovic is admitted to all courts in Switzerland and is certified to notarize in the Canton of Zug.

Expertise

  • Contract law
  • Employment Law
  • Tenancy Law
  • Corporate and commercial law
  • Notary and Notarization Law
  • Debt collection and bankruptcy Law
  • Criminal Law
  • Data Protection Law
  • Litigation and Procedural Law

Curriculum Vitae

  • Since 2024: Lawyer and notary at Kaiser Odermatt & Partner AG
  • 2016-2024: Head of Legal & Compliance at Inkasso Organization AG
  • 2016: Licensed as a lawyer and notary in the canton of Zug
  • 2014-2016: Deputy Head of Legal Services at Inkasso Organization AG
  • 2013-2014: Substitute at Kaiser Odermatt & Partner AG
  • 2013: Lucerne University of Applied Sciences, Institute for Business and Regional Economics: Preparatory course for large notary offices (including real estate law)
  • 2012-2013: Legal employee at the central services of the municipality of Cham and the notary office of the municipalities of Cham and Risch
  • 2011: Auditor at the administrative court of the canton of Zug
  • 2010-2011: Auditor at the Cantonal Court of the Canton of Zug
  • 2010: University of Zurich, Faculty of Law RWI: Licentiate in Law ZH/Master of Law ZH
  • 2007-2008: Legal associate at Meyer Müller Eckert Partner, Zurich/Zug

Activities

  • Registered in the Attorney Register of the Canton of Zug
  • Notary of the Canton of Zug

Reference cases

  • BGE key decision 5D_112/2013 regarding a constitutional complaint against the final decision within the meaning of Art. 265a Para. 1 SchKG: “Right to unsolicited statement in the file process. The court may not fake a waiver of the right to be heard after just three working days. Published in iusfocus 2014.
  • Judgment of the appeal court of the Canton of Basel-Stadt BEZ. 2013.28 against final decision within the meaning of Art. 265a Para. 1 SchKG: “No finality in the case of a cost complaint”
  • Judgment of the Cantonal Court of Kt. Schwyz ZK2 2013 105 regarding an objection lawsuit: “Burden of proof and assessment of evidence in the objection process”
  • Decision of the Laufenburg District Court on December 23.12.2020, 2020.5 in the procedure BE.XNUMX: “(i) The seizure of disputed items may not be dealt with on the grounds that they are disputed. This question is much more likely to be clarified in the objection procedure. (ii) The court further specifies the conditions when the competence character is lost due to the lack of profitability of a seizure of property. This is the case if the question of economic efficiency would have to be answered in the negative under the two aspects of the debtor's individual social viability and with regard to the general profitability of the resources used in the business.
  • Judgment of the Basel Civil Court dated September 03.09.2020rd, XNUMX: “Permissibility of silent enforcement to interrupt the statute of limitations under federal law”
  • Decision of the Willisau District Court of January 05.01.2022, 1 in proceedings 4E21 138 10: Question as to whether an FB can be filed without a certificate of legal force if it is a case in which only the complaint is outstanding. This is the case for well-founded decisions up to CHF 000.00 in the ordinary procedure and for well-founded final decisions to open the law. We took this stand and prevailed. The key point is that the appeal has no suspensive effect and the judgment is therefore enforceable, even if it is overturned at a later date. In such a case one speaks of overtaking enforcement. Legally, the debtor is back to the status quo. In fact, he has changed roles and got rid of the disputed money.
  • Judgment of the Higher Court of the Canton of Bern dated February 02.02.2024, 23 ABS 429 32: “If the incompetent debt enforcement office knows that it is incompetent and also knows the debtor’s new place of residence, it must forward the application of its own motion to the responsible debt enforcement office (Art. 2 Para. XNUMX SchKG)»

Publications

  • Collaboration on legal opinions for consultation with the Federal Office for the Environment (FOEN) to adapt the Wolf and Bear concept: Dr. Thomas M. Müller, Thierry Hiestand, Bojan Petkovic, Dealing with protected animals, especially the regulation of large carnivores. Legal opinion commissioned by JagdSchweiz, Zurich 2008