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Roxana Bollinger-Bär, LL.M.

Senior Associate

CMS von Erlach Partners Ltd
Dreikönigstrasse 7
P.O. Box
8022 Zurich
Switzerland
Languages German, English

Roxana Bollinger-Bär is a member of the Private Client team.

She specializes in domestic and cross-border wealth and succession planning, trust and family law as well as estate litigation. She represents clients in inheritance and family law related disputes before courts as well as in enforcement and mutual assistance proceedings and alternative dispute resolution.

Since 2021, Roxana Bollinger-Bär is an attorney at law at CMS. She previously gained valuable working experience as a judge and law clerk in civil proceedings at the District Court of Zurich, Einzelgericht Audienz, as well as at two boutique law firms in Zurich.

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Memberships & Roles

  • Zurich Bar Association (ZAV)
  • Swiss Bar Association (SAV)
  • Zurich Bar Association, specialist groups for inheritance law, family law and procedural law
  • Successio (Association for the Promotion of Swiss and International Inheritance Law)
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Publications

  • Commentary of Art. 271-307a ZPO in: Karl Spühler (Hrsg.), Schweizerische Zivilprozessordnung, ZPO annotée/Kurzkommentar, Zurich/Geneva 2023
  • Expert Focus, Revision of inheritance law and significant effects on planning practice, A guide for practical use, December 2023 (together with Tobias Somary)
  • iusNet Erbrecht, commentary on the Federal Supreme Court decision Judgment 5A_188/2021 of 21 February 2022, Prozessuale Stolpersteine im Zusammenhang mit der Behauptungs- und Beweislast (Widerlegung der Errungenschaftsvermutung), June 2022
  • iusNet Erbrecht, Commentary on the Federal Supreme Court decision Judgment 5A_993/2020 of 2 November 2021, Erbunwürdigkeit einer Vertrauensperson (Art. 540, Abs. 1 ZGB), February 2022
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Lectures list

  • 8 November 2023, Schweizerische Treuhänder Schule STS, day seminar on "Successful Estate and Emergency Planning" (together with Tobias Somary)
  • 20 June 2023, Schweizerische Treuhänder Schule STS – Treuhand | Update, Hotel Schweizerhof, Lucerne, "Revision of inheritance law: First experiences and outlook"
  • 1 June 2023, University Zurich, Master Lecture on Estate Planning, "Litigation in inheritance law and inheritance and gift taxes" (together with Tobias Somary)
  • 25 May 2023, University Zurich, Master Lecture on Estate Planning, "Inheritance Lawsuits" (together with Tobias Somary)
  • 11 and 12 May 2023, 19th STEP Germany Conference, Frankfurt, presentation regarding "International Succession Planning – Tax and Civil law implications from a Swiss perspective" (together with Dominik Penkov)
  • 4 and 5 April 2023, Zürcher Anwaltsverband, podium to "Das Erbe planen - Konflikte vermeiden"
  • 8 December 2022, Schweizerische Treuhänder Schule STS, day seminar on "Successful Estate and Emergency Planning" (together with Tobias Somary and Marjolein Bieri)
  • 5 October 2022, Schweizerische Treuhänder Schule STS, half day seminar on "Revision of Swiss inheritance law and ease of business succession" (together with Louise Lutz Sciamanna)
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Education

  • 2020 – Bar Admission, Canton of Zurich
  • 2016 – Master of Laws (LL.M.), KU Leuven (Belgium)
  • 2016 – Master of Law (MLaw), University of Zurich
  • 2014 – Bachelor of Law (BLaw), University of Zurich
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Feed

05/01/2024
Revision of the Swiss Civil Procedure Code as of 1 January 2025: Short...
In view of the revision of the Swiss Civil Procedure Code ("CPC"), several lawyers from the CMS Zurich practice groups Lit­ig­a­tion/Ar­bit­ra­tion and Private Clients have authored, together with Prof. em...
01/07/2022
Marriage for all
Since the Swiss Civil Code entered into force in 1912, Swiss marriage and family law has evolved during time due to the shifting views regarding equality between the parties involved. The introduction of the registered partnership in 2007 created a special civil status for registered same-sex couples. While this was a progress, it did not lead to an equal treatment compared to matrimony. Therefore, a parliamentary initiative was launched in 2013 and called on the legislator to open the marriage to all couples, regardless of their sexual orientation. On 26 September 2021, the marriage for all won thumping approval of the Swiss electorate. This makes Switzerland the 30th country worldwide – and one of the last in Western Europe – to extend civil marital status to male-male and female-female couples. As of 1 July 2022, matrimony is open to same-sex couples in Switzerland. It is no longer possible to establish new registered partnerships. Nevertheless, existing registered partnerships will continue to exist, provided they are not converted into a marriage by the couple's joint declaration at a civil registrar of their choice. As a default rule of law, registered partnerships were subject to the rules of separation of property (absent overriding contractual provisions agreed-upon by the couple). Under the new law, the regime of participation in acquired property shall apply to same-sex marriages as a standard rule of law. As a result, the position of the surviving spouse is strengthened. If a registered couple converts their partnership to marriage, the rules on participation in acquired property will apply retroactively unless the couple has previously entered into a nuptial agreement or, alternatively, changes the application of the statutory law by contract. Hence, an existing nuptial agreement remains valid beyond the conversion. With the possibility to marry, same-sex couples acquire full adoption rights. They may adopt the child of their partner and may also adopt jointly. Finally, the simplified naturalization procedure is now also open to married same-sex couples.