The Will of the Founder in Philanthropic Foundations under Swiss Law and its Implications for Decision-Making in Foundations

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Blanka Batschwaroff

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Beschreibung

At the heart of the foundation is the will of the founder. It serves as the guiding principle for all foundation activities and is binding on all parties involved. Upon establishment, the founder defines the foundation's purpose and all its character-defining elements. Thereafter, the foundation becomes an independent legal entity, disassociated from the founder. Subsequent changes to the purpose are only permissible within narrow limits. This doctoral thesis provides an in-depth analysis of the will formation of the founder under Swiss law and examines the extent to which he can influence the foundation during both its establishment and operational phase. Particular attention is paid to the founder's right to alter the purpose of the foundation or its organisational structure after the foundation has been established. The thesis also explores the question of whether the current legal framework should be reformed to broaden founder rights and allow for greater flexibility, thereby enhancing the long-term attractiveness and competitiveness of the Swiss foundation model.