What we do

Legal statements

Maître Marco Breitenmoser, as well as his qualified clerks, will draw up on request detailed and impartial legal reports, listing all the factual elements that will provide you with protection should you be faced with potential setbacks in the future that could upset your daily life.


A legal statement is a proven method that can establish the facts of a situation at a given moment. It consists of a neutral and objective description of the facts, without consideration, advice or judgement. The report can also contain photographs. 


There are different types of legal statement: a statement that describes a physical reality; an Internet statement (the judicial officer will report the presence of certain content online, either by providing screenshots or by describing what he sees); a text message or voice message statement (the judicial officer transcribes and reports the presence of oral and/or written messages). A date stamp statement allows the creator of a work to protect themselves against counterfeiting or plagiarism by demonstrating that their work was created first.


Anyone who asks for a legal statement is free to determine the moment they deem the most appropriate for the judicial officer to begin operating. The best option is always to draw up the statement of facts as soon as possible, before the thing, event or incident disappears. The judicial officer can operate day or night, even on Sundays, unless the statement requires going onto private property.


A legal statement can be used to prove a wide range of situations. It can serve as a precautionary measure before works begin or as a record of the state of an apartment, to report of the progress of works, a variety of defects, a neighbour's intrusion on your property, acts of infringement, the proper working of a shareholders' meeting, negligence with respect to child care, etc.


The principal use of a legal statement is to be able to carve in stone things that are liable to disappear. It will be a key element in any legal case before a tribunal.

Auctions 

Geneva is an important centre for international auctions.

For example, Sotheby’s for jewellery and top-quality watches and Baghera for fine wines. There are also charity auctions, the one organised during the Spring Ball being a perfect example.


Every voluntary public auction of movable items must be carried out through a judicial officer, acting as a public official (art. 1.1 of the law on voluntary sales).


Auctions are directed by the judicial officer or by a caller whom he can have to assist him, under his management. The judicial officer determines on a case by case basis the essential clauses of the conditions of sale. He polices the auction and makes sure that fair play at the auction is in no way obstructed or rigged. The judicial officer draws up the minutes of the sale (the official record).


Judicial officers who are also auctioneers have an essentially generalist vocation. The word "auction" originally meant "increase". These legal professionals are used particularly to examine the value of everyday items. When property is divided up, lawyers indeed make systematic use of their expertise. And if the specific nature of the object requires it, the serious auctioneer will consult a specialist in the field. 


To auction or to entrust one's high-value items or works of art to a judicial officer can prove to be the right solution for selling at the best price and in the best environment.

Inventories 

Divisions of property faced by lawyers and individuals can require the participation of a judicial officer who has the knowledge to estimate the value of the movable assets in play and to draw up the lots to be distributed. Etude Breitenmoser and their specialist colleagues are available to carry out quantitative inventories as well as estimations of value for inheritance, tax or insurance purposes.


Enforcing judicial rulings

A judicial officer ensures the enforcement of a legal ruling, as soon as this is given executive force, that is when the procedural conditions for its enforcement are fulfilled. Mandatory bids give way to enforcement in kind. This is the case in a ruling that demands the tenant vacate his accommodation with immediate effect. In cases of non-compliance, the judicial officer will take care of the enforcement authorised by the ruling. A court settlement is worth a ruling with enforceability. It is enforced like the rulings; a settlement can directly avoid the enforcement measures; otherwise, an enforcement request to a competent judge is required.

Serving judicial process

Service of judicial process, whatever its mode of delivery, confers probative value to the delivery of the process at a certain date (for example, a termination notice to tenants or landlords, a letter of termination of an employment contract, etc.)

Escrow deposits

Whether you call it consignment, escrow deposit, escrow agreement or conventional escrow, it will consist of an arrangement made under contractual terms between the different parties in a transaction and for which an independent trusted third party receives in deposit and disburses a sum of money and/or keeps actions, works of art, keys, documents, etc. on behalf of the parties involved in the transaction. 

Whatever the situation, Etude BREITENMOSER can be appointed as a trusted third party. It is understood that each situation requires a tailor-made solution appropriate to the needs and goals of the parties involved.

Prize competitions

Etude Breitenmoser regularly organises and manages prize competitions with or without prize draws (for example, Balexert shopping centre, televised quizzes, the Loterie Romande). We will gladly review or elaborate the rules of your prize competition which must contain all the information relating to the identity of the various organisers, the rules for taking part, information relating to the identity of those taking part, the methods for deciding on the winners, the inventory of prizes and the way they are attributed, etc.

After that, the Etude will draw up an attestation which will constitute irrefutable proof that the competition is correctly set up and which will guarantee compliance with the clauses set out in the rules (single ballot of participation, conformity of the answers) as well as the  conformity of the prizes and their conditions of attribution.

Prize draws

At the end of the prize competition, and if the organiser desires, the judicial officer can receive the entry forms and carry out the draw for the winner/s himself. If operating online, he will be able to do it with a spreadsheet listing the participants. It is recommended that a judicial officer carries out the draw when the prizes are of high value (car, holiday, etc.). This avoids any questioning of the result.

Internet reports

The Internet, a virtual medium par excellence, poses new challenges in the administration of evidence from both a technical and a legal point of view. The data that circulates there is available across the world without interruption. Etude Breitenmoser will carry out all the necessary investigative procedures, copy and report defamatory comments, slander, denigration, insults, infringement of your intellectual property rights, unfair competition, parasitism, counterfeiting, online crime, privacy, vice, non-compliance (or compliance) with a contract or an agreement, etc.

Certificates of destruction

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