Bojan Petkovic

Attorney-at-law | Notary

Bojan Petkovic advises and litigates as an attorney in the areas of contract, employment, tenancy, corporate, debt collection and bankruptcy law as well as criminal and data protection law. In litigation, he represents clients before all state courts and authorities. Bojan Petkovic is admitted to practice before all courts in Switzerland and holds a notarization certificate from the Canton of Zug.

Expertise
  • Contract law
  • Labor law
  • Tenancy law
  • Corporate and commercial law
  • Notary’s office and notarization law
  • Debt enforcement and bankruptcy law
  • Criminal law
  • Data protection law
  • Litigation and procedural law
  • BGE leading decision 5D_112/2013 regarding constitutional complaint against final decision within the meaning of Art. 265a para. 1 SchKG: “Right to unsolicited statement in the file process. The court may not feign a waiver of the right to be heard after only three working days”. Published in iusfocus 2014.
  • Judgment of the Court of Appeal 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 appeal”
  • Judgment of the Cantonal Court of the Canton of Schwyz ZK2 2013 105 regarding the objection action: “Burden of proof and assessment of evidence in the objection process”
  • Decision of the District Court of Laufenburg 23.12.2020 in proceedings BE.2020.5: “(i) The seizure of disputed items may not be rescinded on the grounds that they are disputed. Rather, this question must be clarified in the objection proceedings. (ii) Furthermore, the court specifies the conditions under which the character of competence is lost due to the lack of profitability of an attachment of property. This is the case if the question of profitability would have to be denied from the two points of view of the debtor’s individual social viability and with regard to the general profitability of the resources used in the context of the business.”
  • Judgment of the Civil Court of Basel of 03.09.2020: “Admissibility of silent debt collection to interrupt the limitation period under federal law”
  • Decision of the District Court of Willisau dated 05.01.2022 in proceedings 1E4 21 138: Question of whether an FB can be filed without a certificate of res judicata if it is a case in which only the appeal is still open. This is the case for well-founded decisions up to CHF 10,000.00 in ordinary proceedings and for well-founded definitive decisions to open legal proceedings. We took this position 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, this is referred to as superseding enforcement. Legally, the debtor is back to the status quo. In fact, however, he has changed roles and has lost the disputed money.
  • Judgment of the High Court of the Canton of Bern dated 02.02.2024 ABS 23 429: “If the debt collection office without jurisdiction knows that it is not competent and also knows the debtor’s new place of residence, it must forward the application ex officio to the competent debt collection office (Art. 32 para. 2 SchKG)”
  • Since 2024: Attorney-at-law and notary at Kaiser Odermatt & Partner AG
  • 2016-2024: Head of Legal & Compliance at dieInkasso AG
  • 2016: Patent as lawyer and notary public of the Canton of Zug
  • 2014-2016: Deputy Head of Legal Services at dieInkasso AG
  • 2013-2014: Substitute at Kaiser Odermatt & Partner AG
  • 2013: Lucerne University of Applied Sciences and Arts, Institute for Business and Regional Economics: Preparatory course for the large notary’s office (incl. real estate law)
  • 2012-2013: Legal assistant at the central services of the municipality of Cham and the notary’s 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 of Law ZH/Master of Law ZH
  • 2007-2008: Associate at Meyer Müller Eckert Partner, Zurich/Zug
  • Registered in the Register of Attorneys of the Canton of Zug
  • Authenticating officer of the Canton of Zug
  • Colloquia SchKG for IGAP Interest Group of Trainee Lawyers of the Canton of Zug
  • Collaboration on legal opinions for consultation with the Federal Office for the Environment (FOEN) on the adaptation of the wolf and bear concept: Dr. Thomas M. Müller, Thierry Hiestand, Bojan Petkovic, Der Umgang mit geschützten Tieren, insbesondere die Regulierung von Grossraubtieren. Legal opinion on behalf of JagdSchweiz, Zurich 2008
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