Federal Act on Private International Law (PILA) in english

Federal Act on Private International Law - 2022

Art. 1 - 1 This Act governs, in international matters:
Art. 2 - Where this Act does not provide for special jurisdiction, the Swiss judicial or administrative [...]
Art. 3 - Where this Act does not provide for jurisdiction in Switzerland and proceedings abroad are [...]
Art. 4 - Where this Act does not provide for any other forum in Switzerland, the action to validate an [...]
Art. 5 - 1 In matters involving an economic interest, the parties may agree on the court that will [...]
Art. 6 - In matters involving an economic interest, the court before which the defendant proceeds on the [...]
Art. 7 - If the parties have entered into an arbitration agreement with respect to an arbitrable dispute, any [...]
Art. 8 - The court before which the main claim is brought also hears any counterclaim, provided there is a [...]
Art. 8 - 1 If an action is brought against several co-defendants who may be sued in Switzerland [...]
Art. 8 - -
Art. 8 - Where it is admissible to pursue civil claims in criminal proceedings, the Swiss court which is [...]
Art. 9 - 1 If an action having the same subject matter is already pending between the same parties [...]
Art. 10 - Jurisdiction to order interim measures lies with:
Art. 11 - Requests for legal assistance between Switzerland and other states are facilitated by the Federal [...]
Art. 11 - 1 Acts of legal assistance are carried out in Switzerland in accordance with Swiss [...]
Art. 11 - Advance of costs and security for party costs are governed by the Civil Procedure Code of 19 [...]
Art. 11 - Legal aid is granted to persons domiciled abroad under the same conditions as apply to persons [...]
Art. 12 - -
Art. 13 - Reference to a foreign law in this Act includes all the provisions which under that law are [...]
Art. 14 - 2 In matters of personal or family status, a renvoi from the foreign law to Swiss [...]
Art. 15 - 1 As an exception, the law referred to by this Act is not applicable if, considering all [...]
Art. 16 - 1 The content of the foreign law shall be established by the authorities on their own [...]
Art. 17 - The application of provisions of foreign law is excluded if such application leads to a result that [...]
Art. 18 - Mandatory provisions of Swiss law which, by reason of their special purpose, are applicable [...]
Art. 19 - 1 If interests that are legitimate and clearly preponderant according to the Swiss [...]
Art. 20 - 1 Within the meaning of this Act, a natural person:
Art. 21 - 1 For companies and trusts pursuant to Article 149a, the seat is deemed to be the [...]
Art. 22 - -
Art. 23 - 1 If a person has one or more foreign citizenships in addition to Swiss citizenship, [...]
Art. 24 - 1 A person is considered to be stateless when they are recognised as such pursuant to the [...]
Art. 25 - A foreign decision is recognised in Switzerland:
Art. 26 - Foreign authorities have jurisdiction:
Art. 27 - 1 A foreign decision is not recognized in Switzerland if recognition is manifestly [...]
Art. 28 - A decision that is recognised pursuant to Articles 25 to 27 is declared enforceable at the request [...]
Art. 29 - 2 The party opposing recognition and enforcement has the right to be heard; such party [...]
Art. 30 - Articles 25 to 29 apply to court-approved settlements that are deemed equivalent to a court decision [...]
Art. 31 - Articles 25 to 29 apply by analogy to the recognition and enforcement of a decision or a legal [...]
Art. 32 - 1 A foreign decision or legal document regarding civil status shall be registered in the [...]
Art. 33 - 1 Unless this Act provides otherwise, the Swiss judicial or administrative authorities of [...]
Art. 34 - 1 Legal capacity is governed by Swiss law
Art. 35 - The capacity to act is governed by the law of the domicile. Once acquired, the capacity to act is [...]
Art. 36 - 1 A party to a legal transaction who lacks capacity under the law of the state of their [...]
Art. 37 - 1 The name of a person domiciled in Switzerland is governed by Swiss law. The name of a [...]
Art. 38 - 1 The Swiss authorities at the domicile of the applicant have jurisdiction to hear an [...]
Art. 39 - A change of name occurred abroad is recognised in Switzerland if it is valid in the state of [...]
Art. 40 - The name is entered in the Swiss civil status registers in accordance with Swiss registration [...]
Art. 40 - Articles 37–40 apply by analogy to a person's gender
Art. 41 - 1 The Swiss courts at the last known domicile of a missing person have jurisdiction to [...]
Art. 42 - A declaration of presumed death or of death issued abroad is recognized in Switzerland if it is [...]
Art. 43 - 1 The Swiss authorities have jurisdiction to celebrate a marriage if one of the [...]
Art. 44 - The celebration of marriage in Switzerland is governed by Swiss law
Art. 45 - 1 A marriage validly celebrated abroad is recognised in Switzerland
Art. 45 - 1 The Swiss courts at the domicile or, in the absence of a domicile in Switzerland, those [...]
Art. 46 - The Swiss judicial or administrative authorities at the domicile or, in the absence of a domicile, [...]
Art. 47 - If neither spouse has domicile or habitual residence in Switzerland, and if at least one of them is [...]
Art. 48 - 1 The effects of marriage are governed by the law of the state in which the spouses are [...]
Art. 49 - Maintenance obligations between spouses are governed by the Hague Convention of 2 October [...]
Art. 50 - Foreign decisions or measures relating to the effects of marriage are recognised in Switzerland if [...]
Art. 51 - The following courts or authorities have jurisdiction to hear actions and to order measures relating [...]
Art. 52 - 1 Marital property relations are governed by the law chosen by the [...]
Art. 53 - 1 A choice of law must be agreed in writing or result with certainty from the provisions [...]
Art. 54 - 1 In the absence of a choice of law, marital property relations are [...]
Art. 55 - 1 If the spouses transfer their domicile from one state to another, the law of the new [...]
Art. 56 - A marital agreement is valid as to form if it satisfies the requirements of the law applicable to [...]
Art. 57 - 1 The effects of the marital property regime on a legal relationship between a spouse and [...]
Art. 58 - 1 Foreign decisions relating to marital property relations are recognised in [...]
Art. 59 - The following courts have jurisdiction to hear an action for divorce or [...]
Art. 60 - If the spouses are not domiciled in Switzerland and at least one of them is a Swiss citizen, the [...]
Art. 60 - -
Art. 61 - Divorce and separation are governed by Swiss law
Art. 62 - 1 A Swiss court before which an action for divorce or separation is pending has [...]
Art. 63 - 1 Swiss courts that have jurisdiction to hear an action for divorce or separation also [...]
Art. 64 - 1 Swiss courts have jurisdiction to hear an action to supplement or amend a decree of [...]
Art. 65 - 1 A foreign decree of divorce or separation is recognised in Switzerland if: [...]
Art. 65 - The provisions of Chapter 3 apply by analogy to registered partnerships
Art. 65 - -
Art. 65 - Where the law applicable pursuant to Chapter 3 contains no provisions on registered partnerships, [...]
Art. 65 - -
Art. 66 - The Swiss courts at the child’s habitual residence or at either parent’s domicile have [...]
Art. 67 - If the parents are not domiciled in Switzerland and the child does not have his or her habitual [...]
Art. 68 - 1 The formation, declaration and contesting of a parent-child relationship are governed [...]
Art. 69 - 1 For the determination of the law applicable to the formation, declaration or contesting [...]
Art. 70 - Foreign decisions relating to the declaration or contesting of a parent-child relationship are [...]
Art. 71 - 1 The Swiss authorities at the child’s place of birth or habitual residence, as well as [...]
Art. 72 - 1 An acknowledgment in Switzerland may be made in accordance with the law of the state of [...]
Art. 73 - 1 The acknowledgment made abroad is recognised in Switzerland, if it is valid in the [...]
Art. 74 - Article 73 applies by analogy to the recognition of a foreign legitimation
Art. 75 - 2 Courts that have jurisdiction to hear actions to declare or contest a parent-child [...]
Art. 76 - The Swiss judicial or administrative authorities at the place of origin have jurisdiction to [...]
Art. 77 - 1 The requirements for an adoption in Switzerland are governed by Swiss [...]
Art. 78 - 1 Adoptions pronounced abroad are recognised in Switzerland if they were pronounced in [...]
Art. 79 - 1 Swiss courts at the child’s habitual residence or those of the domicile or, in the [...]
Art. 80 - If neither the child nor the respondent parent have their domicile or habitual residence in [...]
Art. 81 - The Swiss courts referred to in Articles 79 and 80 also have jurisdiction to [...]
Art. 82 - 1 The relations between parents and child are governed by the law of the state of the [...]
Art. 83 - 1 Maintenance obligations between parents and child are governed by the Hague Convention [...]
Art. 84 - 1 Foreign decisions relating to the relations between parents and child are recognised in [...]
Art. 85 - 1 In respect of protection of children, the jurisdiction of the Swiss judicial or [...]
Art. 86 - 1 The Swiss judicial or administrative authorities at the last domicile of the deceased [...]
Art. 87 - 1 If the deceased was a Swiss citizen domiciled abroad, the Swiss judicial or [...]
Art. 88 - 1 If the deceased was a foreign citizen domiciled abroad, the Swiss judicial or [...]
Art. 89 - If the deceased had their last domicile abroad and leaves assets in Switzerland, the Swiss [...]
Art. 90 - 1 The estate of a person who had their last domicile in Switzerland is governed by Swiss [...]
Art. 91 - 1 The estate of a person who had their last domicile abroad is governed by the law [...]
Art. 92 - 1 The law applicable to the estate determines what belongs to the estate, who is entitled [...]
Art. 93 - 1 The validity of wills as to form is governed by the Hague Convention of 5 October [...]
Art. 94 - A person is capable of disposing upon death if, at the time of making the disposition, they have the [...]
Art. 95 - 1 Contracts of succession are governed by the law of the state in which the disposing [...]
Art. 96 - 1 Foreign decisions, measures and documents relating to the estate, as well as rights [...]
Art. 97 - The courts at the place where immovable property in Switzerland is located have exclusive [...]
Art. 98 - 1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual [...]
Art. 98 - The court at the domicile or at the seat of the defendant or the court at the place where the [...]
Art. 99 - 1 Rights in rem in immovable property are governed by the law of the place where [...]
Art. 100 - 1 The acquisition and loss of rights in rem in movable property are governed by [...]
Art. 101 - The acquisition and loss, through legal transactions, of rights in rem in goods in transit [...]
Art. 102 - 1 When movable property arrives in Switzerland and the acquisition or loss of a right [...]
Art. 103 - The reservation of ownership of movable property intended for export is governed by the law of the [...]
Art. 104 - 1 Parties may submit the acquisition and loss of rights in rem in movable property [...]
Art. 105 - 1 The pledging of claims, securities or other rights is governed by the law chosen by the [...]
Art. 106 - 1 The law designated in Article 145a paragraph 1 determines whether an instrument [...]
Art. 107 - The provisions in other acts relating to rights in rem in ships, aircraft or other means of [...]
Art. 108 - 2 Foreign decisions on rights in rem in movable property are recognised in [...]
Art. 108 - Intermediated securities are securities held with an intermediary as defined in the Hague Convention [...]
Art. 108 - 1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual [...]
Art. 108 - The law applicable to intermediated securities is governed by the Hague Convention of 5 July [...]
Art. 108 - -
Art. 109 - 1 The Swiss courts of the defendant’s domicile have jurisdiction to hear actions [...]
Art. 110 - 1 Intellectual property rights are governed by the law of the state for which protection [...]
Art. 111 - 1 Foreign decisions relating to the infringement of intellectual property rights are [...]
Art. 112 - 1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual [...]
Art. 113 - If the characteristic obligation of the contract is to be performed in Switzerland, the action may [...]
Art. 114 - 2 A consumer cannot waive in advance jurisdiction at their domicile or habitual [...]
Art. 115 - 1 The Swiss courts at the defendant’s domicile or at the place where the employee [...]
Art. 116 - 1 Contracts are governed by the law chosen by the parties
Art. 117 - 1 In the absence of a choice of law, contracts are governed by the law of the state with [...]
Art. 118 - 1 Sales of tangible movable property are governed by the Hague Convention of 15 June [...]
Art. 119 - 1 Contracts relating to immovable property or to the use of immovable property are [...]
Art. 120 - 1 Contracts pertaining to goods or services of ordinary consumption intended for a [...]
Art. 121 - 1 Employment contracts are governed by the law of the state in which the employee [...]
Art. 122 - 1 Contracts pertaining to intellectual property are governed by the law of the state in [...]
Art. 123 - A party who does not respond to an offer to conclude a contract may invoke the law of the state in [...]
Art. 124 - 1 As to form, contracts are valid if they meet the requirements set out in the law [...]
Art. 125 - -
Art. 126 - 1 If power of representation is based on a contract, the relationship between the [...]
Art. 127 - The Swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the [...]
Art. 128 - 2 In the absence of such a relationship, the claims are governed by the law of the state [...]
Art. 129 - -
Art. 130 - 1 Jurisdiction to hear actions relating to nuclear incidents is governed by the [...]
Art. 130 - Actions to enforce the right of access directed against the controller of a database may be brought [...]
Art. 131 - -
Art. 132 - The parties may, at any time after the damaging event, agree to apply the law of the [...]
Art. 133 - 1 If the tortfeasor and the injured party have their habitual residence in the same [...]
Art. 134 - Claims arising from road traffic accidents are governed by the Hague Convention of 4 May [...]
Art. 135 - 1 Claims based on a defect or defective description of a product are governed at the [...]
Art. 136 - 1 Claims based on unfair competition are governed by the law of the state in whose market [...]
Art. 137 - 1 Claims based on a restraint of competition are governed by the law of the state in [...]
Art. 138 - Claims arising out of damaging nuisances originating from immovable property are governed at the [...]
Art. 138 - 1 Claims arising from nuclear incidents are governed by Swiss law
Art. 139 - 1 Claims based on the infringement of personality rights by the media, in particular by [...]
Art. 140 - If two or more persons have taken part in the commission of a tort, the applicable law shall be [...]
Art. 141 - The injured party may bring the action directly against the insurer of the person liable if the law [...]
Art. 142 - 1 The law applicable to a tort determines in particular the capacity to be liable in [...]
Art. 143 - Where a creditor is entitled to assert their claim against two or more debtors, the legal [...]
Art. 144 - 1 A debtor has a right of recourse against a co-debtor, either directly or by [...]
Art. 145 - 1 The assignment of a claim by contract is governed by the law chosen by the parties or, [...]
Art. 145 - 1 Whether a claim is represented by an instrument in paper or equivalent form and [...]
Art. 146 - 1 The assignment of a claim by operation of law is governed by the law applicable to the [...]
Art. 147 - 1 A currency is defined by the law of the issuing state
Art. 148 - 1 The statute of limitations for and the extinction of a claim are governed by the law [...]
Art. 149 - 1 Foreign decisions relating to a claim under the law of obligations are recognised in [...]
Art. 149 - -
Art. 149 - 1 In matters concerning trust law, the choice of forum contained in the trust deed shall [...]
Art. 149 - 1 The law applicable to trusts is governed by the Hague Convention of 1 July [...]
Art. 149 - 1 Where the assets of the trust are registered in the name of the trustee in the land [...]
Art. 149 - a. if they were rendered by a court that was validly designated pursuant to Article 149b [...]
Art. 150 - 1 For the purposes of this Act, a company is any organised association of persons and any [...]
Art. 151 - 1 In disputes concerning company law, the Swiss courts at the seat of the company have [...]
Art. 152 - The following courts have jurisdiction to hear actions against a person liable under Article 159 or [...]
Art. 153 - For measures intended to protect assets in Switzerland of a company with seat abroad, the Swiss [...]
Art. 154 - 1 Companies are governed by the law of the state under which they are organised, provided [...]
Art. 155 - Subject to Articles 156 to 161, the law applicable to a company governs in [...]
Art. 156 - Claims regarding public issues of equity or debt securities based on prospectuses, circulars or [...]
Art. 157 - 1 The protection of the name or business name of companies registered in the Swiss [...]
Art. 158 - A company may not invoke restrictions of the power of representation of a body or a representative [...]
Art. 159 - -
Art. 160 - 1 A company which has its seat abroad may have a branch in Switzerland. The branch is [...]
Art. 161 - 1 A foreign company may subject itself to Swiss law without being liquidated or [...]
Art. 162 - 1 A company that is required under Swiss law to register in the commercial register is [...]
Art. 163 - 1 A Swiss company may subject itself to a foreign law without being liquidated or [...]
Art. 163 - 1 A Swiss company may acquire a foreign company (absorption by immigration) or form a new [...]
Art. 163 - 1 A foreign company may acquire a Swiss company (absorption by emigration) or form a new [...]
Art. 163 - 2 All other aspects of the merger agreement are governed by the law chosen by the [...]
Art. 163 - 1 The provisions of this Act relating to mergers of companies apply by analogy to [...]
Art. 164 - 1 The registration of a company in the Swiss commercial register may be deleted only if a [...]
Art. 164 - 1 If a foreign company acquires a Swiss company or forms a new foreign company with a [...]
Art. 164 - The submission of a foreign company to another foreign law as well as a merger, a demerger or a [...]
Art. 165 - 1 Foreign decisions relating to claims concerning company law are recognised in [...]
Art. 166 - 1 A foreign bankruptcy decree shall be recognised in Switzerland on application of the [...]
Art. 167 - 1 Where the debtor has a branch in Switzerland registered in the commercial register, the [...]
Art. 168 - As from the filing of the application for recognition of the foreign bankruptcy decree, the court [...]
Art. 169 - 1 The decision on the recognition of a foreign bankruptcy decree shall be [...]
Art. 170 - 1 Unless otherwise provided in this Act, the recognition of a foreign bankruptcy decree [...]
Art. 171 - 1 An avoidance claim is governed by Articles 285 to 292 DEBA120. It may also [...]
Art. 172 - 1 The schedule of claims shall only include:
Art. 173 - 1 After distribution of the proceeds in accordance with Article 172 paragraph 1, any [...]
Art. 174 - 1 If a foreign schedule of claims is not recognised, the balance is distributed among the [...]
Art. 174 - 1 At the request of the foreign bankruptcy administrator, it may be decided not to [...]
Art. 174 - In proceedings that have a factual connection the authorities and bodies concerned may coordinate [...]
Art. 174 - Foreign judgments on avoidance claims or otherwise relating to acts prejudicial to creditors, which [...]
Art. 175 - A composition or a similar procedure approved by a foreign authority shall be recognised in [...]
Art. 176 - 1 The provisions of this Chapter apply to arbitral tribunals that have their seat in [...]
Art. 177 - 1 Any claim involving an economic interest may be submitted to [...]
Art. 178 - 1 The arbitration agreement must be made in writing or any other means of communication [...]
Art. 179 - 1 The members of the arbitral tribunal shall be appointed or replaced in accordance with [...]
Art. 180 - 1 A member of the arbitral tribunal may be challenged:140
Art. 180 - 1 Unless the parties have agreed otherwise and if the arbitration proceedings have not [...]
Art. - 1 Any member of the arbitral tribunal may be removed with the agreement of the parties. [...]
Art. 181 - The arbitral proceedings become pending from the time when one of the parties submits its request to [...]
Art. 182 - 1 The parties may determine the arbitral procedure, either themselves or by reference to [...]
Art. 183 - 1 Unless the parties have agreed otherwise, the arbitral tribunal may, at the request of [...]
Art. 184 - 1 The arbitral tribunal takes the evidence itself
Art. 185 - If any further assistance by a state court is required, the court at the seat of the arbitral [...]
Art. 185 - 1 An arbitral tribunal with seat abroad or a party to foreign arbitration proceedings may [...]
Art. 186 - 1 The arbitral tribunal shall decide on its own jurisdiction
Art. 187 - 1 The arbitral tribunal shall decide the dispute according to the rules of law chosen by [...]
Art. 188 - Unless the parties have agreed otherwise, the arbitral tribunal may render partial [...]
Art. 189 - 1 The arbitral award shall be rendered in conformity with the procedure and form agreed [...]
Art. - 1 Unless the parties have agreed otherwise, either party may apply to the arbitral [...]
Art. 190 - 1 The award is final from the time when it is communicated
Art. - 1 A party may request a review of an award if:
Art. 191 - The only appeal authority is the Swiss Federal Supreme Court. The procedures are governed by [...]
Art. 192 - 1 If none of the parties has their domicile, habitual residence or seat in Switzerland, [...]
Art. 193 - 1 Each party may at its own expense deposit a copy of the award with the state court at [...]
Art. 194 - The recognition and enforcement of foreign arbitral awards is governed by the New York Convention of [...]
Art. 195 - The current legislation that is repealed or amendments thereto are listed in the Annex, which forms [...]
Art. 196 - 1 Facts or legal acts which came into being and produced all their effects before the [...]
Art. 197 - 1 The Swiss judicial or administrative authorities validly seized of actions or [...]
Art. 198 - This Act determines the law to be applied to actions and applications pending at first instance on [...]
Art. 199 - Applications for the recognition or enforcement of foreign decisions pending on the commencement of [...]
Art. 200 - 1 This Act is subject to an optional referendum
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