Rs 291 The Federal Act Of 18 December 1987 On Private International Law (Pida)

Original Language Title: RS 291 Loi fédérale du 18 décembre 1987 sur le droit international privé (LDIP)

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291 federal law on private international law (PIDA) of 18 December 1987 (State July 1, 2014) the Federal Assembly of the Swiss Confederation, given the responsibility of the Confederation in external relations, given the art. 64 of the constitution, given the message of the federal Council of November 10, 1982, stop: Chapter 1 provisions common Section 1 scope of application article 1. this law governs, in international matters: a. the jurisdiction of the judicial or administrative authorities Swiss; (b) the law applicable; c. conditions for the recognition and enforcement of foreign decisions; d. the bankruptcy and the concordat; e. the arbitration.

International treaties are reserved.

Section 2 jurisdiction art. 2 I. In general I. In general except special provisions of this Act, the judicial or administrative authorities of the defendant's domicile Swiss are competent.

Art. 3 II. Forum of necessity II. For of necessity where this Act provides no for in Switzerland and that a procedure abroad proves impossible or that cannot reasonably require that it be introduced, the judicial authorities or administrative Swiss of the place with which the cause has a sufficient connection are competent.

Art. 4 III. Validation of receiver III. Validation of receiver where this Act provides no other forum in Switzerland, the validation of third party action may be introduced to the Swiss Court of the receiver.

Art. 5 IV. Election of for IV. Election of for in heritage matters, the parties may agree the Tribunal called to settle a dispute born or to be born at a given legal relationship. The convention may be passed in writing, telegram, telex, fax or any other means of communication which allows to prove by a text. Unless otherwise agreed, the election of for is exclusive.
The election of for is without effect if it leads to deprive a party of the protection provided by a forum provided for by Swiss law in a reasonable manner.
The chosen court may decline jurisdiction: a. If a party is domiciled, has his habitual residence or establishment in the canton where it sits, forgotten the source. If, under this Act, the Swiss law is applicable to this case.

Art. 6 V. tacit acceptance V. tacit acceptance in heritage matters, the Court before which the defendant proceeds inside without reserve is competent, unless he shall decline jurisdiction insofar as art. 5, al. 3, allows it.

Art. 7 VI. VI arbitration agreement. Arbitration agreement if the parties have concluded an arbitration agreement aimed an arbitrable dispute, the Swiss Court will decline jurisdiction unless: a. the defendant did proceed to the bottom without reserve; (b) the Court finds that the arbitration agreement is invalid, inoperative or not likely to be applied, or handle. the arbitral tribunal may be constituted for reasons that are clearly due to the defendant to arbitration.

Art. 8 VII. Counterclaim VII. Counterclaim the court hearing the main application also knows of the counterclaim if there is connection between the two applications.

Art. 8aVIII. Consorite and cumulation of actions VIII. Consorite and cumulation of actions when the action is brought against the consorts can be prosecuted in Switzerland under this Act, the competent Swiss Court in respect of a defendant is against others.
When claims presenting a connection between them can be high in Switzerland under this Act against the same defendant, each Swiss Court to hear one of them is for all.

Introduced by art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 8bIX. call into question IX. Call the Swiss tribunal competent to deal with the main action also knows the appeal concerned a court having jurisdiction in Switzerland for the called party pursuant to this Act.

Introduced by art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 8cX. civil claim X. civil claim when it is possible to assert civil claims by joining criminal proceedings, the Swiss Court of criminal procedure is also competent for civil action if a forum exists in Switzerland for this action under this Act.

Introduced by art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 9 XI. Lis pendens XI. Lis pendens when action having the same object is already pending between the same parties abroad, the Swiss Court suspends the cause if it is expected that the foreign jurisdiction, within a reasonable time, a decision that can be recognized in Switzerland.
To determine when an action was introduced in Switzerland, the date of the first act necessary to Institute the proceedings is decisive. The quote in conciliation is enough.
The Swiss Court to dessaisit as soon as a foreign decision that can be recognized in Switzerland is presented to him.

New content according to art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 10XII. interim measures XII. Interim measures are competent to pronounce interim measures: a. either the courts or the authorities who are competent at the bottom; b. either the courts or authorities of the place of execution of the measure.

New content according to ch. II 18 of annex 1 to the CPCdu Dec 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
New content according to art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 11XIII. mutual legal assistance acts / 1. Transmission XIII. Acts of mutual legal assistance 1. Transmission of mutual legal assistance requests from Switzerland or sent to it are handled by the federal Office of justice.

New content according to ch. II 18 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
New content according to art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 11aXIII. mutual legal assistance acts / 2. Law applicable 2. Law on mutual legal assistance acts that must be performed in Switzerland are in accordance with Swiss law.
Foreign forms of procedure can also be observed or taken into account at the request of the requesting authorities if this is necessary for a right abroad and that no just cause to the person concerned is opposed.
When Swiss but unrecognized legal proceedings abroad would agree a legal claim worthy of protection, the judicial authorities or administrative Swiss can prepare official documents or receive the affidavit of an applicant according to the forms of foreign law.
The convention of the Hague on 1 March 1954 on civil procedure apply to requests for assistance on the notification or obtaining evidence from Switzerland or addressed to it.

Introduced by the c. II 18 of annex 1 to the CPC on Dec 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
SR 0.274.12 art. 11bXIII. mutual legal assistance acts / 3. Advance of costs and security for costs 3. Advance on costs and security for costs advanced costs and the security for costs are governed by the code of civil procedure (CPC) on December 19, 2008.

Introduced by the c. II 18 of annex 1 to the CPC on Dec 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
RS 272 art. 11cXIII. mutual legal assistance acts / 4. Legal aid 4. Legal aid legal aid is granted to persons domiciled abroad in the same conditions as those domiciled in Switzerland.

Introduced by the c. II 18 of annex 1 to the CPC on Dec 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 12 repealed by no II 18 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Section 3 right applicable art. 13 I. scope of the conflict rule I. scope of the conflict rule the designation of a foreign law by this Act includes all provisions which under this law are applicable to the cause. The application of the foreign law is not excluded by the mere fact that is attributed to the provision a public law character.

Art. 14 II. Reference II. Reference where applicable law refers to Swiss law or other foreign law, this reference is taken into consideration if this Act provides.
In terms of marital status, the removal of the foreign law to the Swiss law is accepted.

Art. 15 III. III exception clause. Exception clause

The law designated by this Act is exceptionally not apply if, in the light of all the circumstances, it is clear that the cause is that a link is very loose with this right and that she is in a much closer relationship with another right.
This provision is not applicable in case of choice of law.

Art. 16 IV. Recognition of foreign law IV. Recognition of foreign law the content of foreign law is established automatically. To this end, the cooperation of the parties may be required. In heritage material, evidence can be borne by the parties.
Swiss law applies if the content of the foreign law cannot be established.

Art. 17 Swiss public order Reserve V. V. Reserve Swiss public order provisions of foreign law is excluded if it leads to an inconsistent result with Swiss public order.

Art. 18 VI. Application of mandatory provisions of Swiss law VI. Application of mandatory provisions of Swiss law are reserved the mandatory provisions of Swiss law which, because of their particular purpose, shall apply regardless of the law designated by this Act.

Art. 19 VII. Consideration of mandatory provisions of foreign law VII. Taking into account provisions of foreign law when clearly predominant and legitimate interests under the Swiss conception of the law require it, a mandatory provision of one law other than the one designated by this Act may be taken into consideration, if the situation has a close connection with this right.
To judge whether such a provision must be taken into account, it will take into account the purpose and the consequences of its application to get to a proper decision in the light of the Swiss design law.

Section 4 home, seat and nationality art. 20 I. home, habitual residence and establishment of a physical person I. home, residence and establishment of an individual within the meaning of this Act, a natural person: a. has his domicile in the State in which it resides with the intention of settling there; b. has his habitual residence in the State in which she lives for a period of time, even if this duration is initially limited; c. is established in the State in which is located the centre of his professional or commercial activity.

No one can have at the same time several homes. If a person has nowhere of domicile, habitual residence is decisive. The home and residence provisions of the Swiss civil code shall not apply.

SR 210 art. 21II. Headquarters and establishment of companies and trusts II. Head office and place of corporations and trusts to corporations and trusts to the senses of the art. 149a, headquarters is home.
The seat of a company is deemed to be at the place designated in the statutes or in the partnership agreement. If there is no designation, of a company headquarters at the place where the company is actually managed.
The seat of a trust is deemed to find instead of administration referred to in the terms of the trust in writing or in another form that allows to prove as a text. If there is no designation, located at the place where the trust is administered in fact.
A company or a trust is located in the State in which its seat is located or in a State in which one of its branches.

New content according to art. 2 FY Dec. 20. 2006 establishing the approval and implementation of the Conv. Hague on the law applicable to the trust and recognition, in effect since July 1. 2007 (2007 2849 RO; FF 2006 561).

Art. 22 III. Nationality III. The nationality of a natural person is determined by the law of the State whose citizenship is in question.

Art. 23 IV. Multiple nationality IV. Multiple nationality when a person has one or more foreign nationalities in addition to Swiss citizenship, only Swiss citizenship is held to determine the jurisdiction of the Forum of origin.
When a person has several nationalities, that of the State with which it has the closest connections is only restraint to determine the applicable law, unless otherwise provided by this law.
If recognition of a foreign decision in Switzerland depends on the nationality of a person, the consideration of one of his nationalities enough.

Art. V. 24, stateless and refugees V. stateless persons and refugees a person is deemed stateless when it is recognized as such under the New York convention of 28 September 1954 relating to the status of stateless persons, or when that person with his national State relations are broken to the point that his situation is equivalent to that of a stateless person.
A person is deemed a refugee when it is recognized as such under the Act of 5 October 1979 on asylum.
Where this Act applies to stateless persons and refugees, the home replaces the nationality.

RS 0.142.40 [RO 1980 1718, 1986 2062, 1987 1674, 1990 938 1587 art. 3 para. 1, 1994 1634 ch. I 8.1 2876, 1995 146 ch. II 1126 ch. II 1 4356, 1997 2372 2394, 1998 1582.] RO 1999 2262 art. 120 let. [a]. see Act of June 26, 1998 (RS 142.31) currently.

Section 5 recognition and enforcement of foreign decisions art. 25 I. recognition / 1. Principle I. recognition 1. Principle a foreign decision is recognized in Switzerland: a. If the jurisdiction of the judicial or administrative authorities of the State in which the decision was given; (b) if the decision is no longer subject to ordinary appeal or if it is final, etc. If there is no ground for refusal within the meaning of art. 27 art. 26 I. recognition / 2. Jurisdiction of foreign authorities 2. Jurisdiction of foreign authorities the jurisdiction of foreign authorities is given: a. If it is the result of a provision of this Act or, in the absence of such a provision, if the defendant was domiciled in the State in which the decision was rendered; (b) If, in heritage material, parties is are under a valid agreement under this Act jurisdiction authority that made the decision; c. If , in heritage matters, the defendant proceeded inside without reserve, oud. If, in case of counterclaim, the authority that made the decision was competent to deal with the main claim and if there is connection between the two applications.

Art. 27 I. recognition / 3. Grounds for refusal 3. Grounds for refusing recognition of a foreign decision must be rejected in Switzerland if it is clearly incompatible with the Swiss public policy.
The recognition of a decision must also be refused if a part sets out: a. that it has been cited regularly, or according to the law of domicile, or under the law of his habitual residence, unless she has proceeded inside without reserve; (b) that the decision was made in violation of fundamental principles in Swiss law of procedure design , including such part had no opportunity to present his case; c. that a dispute between the same parties and on the same object has already been introduced in Switzerland or it has already been tried, or that it has previously been considered in a third State, provided that the latter decision fulfils the conditions of its recognition.

Moreover, the foreign decision may be reviewed at the bottom.

Art. 28 II. Enforceable II. Binding a decision recognized under art. 25 to 27 is enforced at the request of the person concerned.

Art. 29 III. Procedure III. Procedure the request for recognition or enforcement will be addressed to the competent authority of the canton where the foreign decision is invoked. She will be accompanied by: a. shipping a full and authentic decision; b. a statement noting that the decision is most likely to ordinary appeal or that it is final, etc. in case of a judgment by default, an official document establishing that failed him was cited regularly and he had the opportunity to present its case.

The party who is opposed to the recognition and enforcement is heard in the procedure; It can assert its means.
When a foreign decision is invoked in prior title, seized authority can decide itself on recognition.

Art. 30 IV. IV Court settlement. Court settlement the art. 25 to 29 apply to the court settlement that is assimilated to a legal decision in the State where it has been placed.

Art. 31 V. graceful Court V. graceful jurisdiction art. 25 to 29 apply by analogy to the recognition and enforcement of a decision or an act of the graceful Court.

Art. 32 VI. Transcript to the VI registry. Transcript at registration decision or a foreign Act of civil status is transcribed in the registers of civil status by decision of the cantonal authority of supervision on civil status.
The transcript is allowed when the conditions laid down in art. 25 to 27 are fulfilled.
The persons concerned are heard beforehand if it is not established that, in the foreign State where the decision has been made, the rights of the parties were sufficiently respected during the procedure.


Chapter 2 people physical art. 33 I. principle I. principle when this Act contains no special provisions, the judicial or administrative authorities the home Swiss are responsible for the rights of individuals; they apply the law of the domicile.
However, violations of personal interests are governed by the provisions of this Act relating to unlawful acts (art. 129 ss).

Art. 34 II. Enjoyment of civil rights II. Enjoyment of civil rights, the enjoyment of civil rights is governed by Swiss law.
Applicable to the legal relationship which presupposes the enjoyment of civil rights law is the beginning and the end of the personality.

Art. 35 III. Exercise of civil rights / 1. Principle III. Exercise of rights 1. Principle the exercise of civil rights is governed by the law of the domicile. A change of domicile does not affect the exercise of civil rights once it is acquired.

Art. 36 III. Exercise of civil rights / 2. Security of transactions 2. Security of transactions the part to a legal act which is unable under the law of the State of his domicile cannot invoke this inability if she was able according to the law of the State where the Act was done, unless the other party has known or have known this inability.
This rule does not apply to legal acts law of family, inheritance or immovable real rights.

Art. 37 IV. Name / 1. In general IV. Name 1. In general the name of a person domiciled in Switzerland is governed by Swiss law, a person domiciled abroad by the law designated by the rules of private international law of the State in which that person is domiciled.
However, a person may request that his name be governed by its national law.

Art. 38 IV. Name / 2. Change of name 2. Name change the Swiss of the domicile of the applicant are competent to hear an application to change its name.
The Swiss without domicile in Switzerland can request a change of name to the authority of their canton of origin.
The conditions and the effects of a change of name are governed by Swiss law.

Art. 39 IV. Name / 3. Change of name occurred abroad 3. Intervened abroad name change a change of name occurred abroad is recognized in Switzerland if it is valid in the State of residence or the State of nationality of the applicant.

Art. 40 IV. Name / 4. Transcript at registration 4. Transcript at registration the transcription of the name in the registers of civil status takes place in accordance with Swiss standards on record keeping.

Art. V. Declaration of absence 41 / 1. Jurisdiction and applicable law V. Declaration of absence 1. Jurisdiction and law applicable the last known home of a missing person Swiss courts are competent to pronounce the declaration of absence.
Moreover, the Swiss courts are competent to pronounce the declaration of absence if a legitimate interest.
The conditions and the effects of the declaration of absence are governed by Swiss law.

Art. V. Declaration of absence 42 / 2. Declaration of absence and death intervened abroad 2. Declaration of absence and death occurred abroad a statement of absence or death abroad is recognized in Switzerland, where it is the State of the last known address or the national State of the missing person.

Chapter 3 Section 1 Art. marriage wedding 43 I. jurisdiction I. Competence the Swiss authorities are competent to celebrate marriage if one of the betrothed is domiciled in Switzerland or Swiss nationality.
The foreign couple not domiciled in Switzerland can also be allowed to get married by the competent authority when the marriage is recognized in their home State or in their national State.
The authorisation may not be refused on the sole ground that a divorce pronounced or recognized in Switzerland is not recognized abroad.

Art. 44II. law II. Applicable law the celebration of marriage in Switzerland is governed by Swiss law.

New content according to clause I 5 of the Federal ACT of June 15, 2012, concerning control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).

Art. 45 III. Famous overseas marriage III. Famous overseas marriage validly famous marriage abroad is recognized in Switzerland.
If the bride or the engaged are Swiss or if both have their domicile in Switzerland, marriage celebrated abroad is recognized, at least that they have celebrated it abroad with the intention clear to evade the provisions on the cancellation of marriage provided for by Swiss law.
A marriage validly celebrated abroad between persons of the same sex is recognized in Switzerland as a registered partnership.

New content according to Chapter 3 of the annex to the Federal ACT of June 26, 1998, in force since Jan. 1. 2000 (RO 1999 1118; FF 1996 I 1).
Introduced by section 17 of the annex to the Federal ACT of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).

Art. 45aIV. cancellation of marriage IV. Annulment of marriage the Swiss Court of residence of a spouse, or if there is no home, those of the place of conclusion of marriage or the place of origin of one of the spouses are competent to hear an application for annulment of the marriage.
The action is governed by Swiss law.
The art. 62 to 64 apply by analogy to interim measures and the ancillary effects.
Foreign decisions of annulment of a marriage are recognized in Switzerland when they were made in the State where the marriage was concluded. Art. 65 shall apply by analogy if the applicant is a spouse.

Introduced by section II 2 of the Federal ACT of 7 October. 1994 (RO 1995 1126; 1993 I 1093 FF). New content according to clause I 5 of the Federal ACT of June 15, 2012, concerning control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).

Section 2 General effects of the marriage art. 46 I. jurisdiction / 1. Principle I. jurisdiction 1. Principle the judicial or administrative authorities Swiss domicile or, failing home, those of the habitual residence of one of the spouses are competent to know actions or to order measures relating to the effects of marriage.

Art. 47 I. jurisdiction / 2. The Forum of origin 2. For of origin when the spouses have no home or habitual residence in Switzerland and one of them is Swiss, the legal authority of the place of origin are competent to know actions or order the measures related to the effects of the marriage, if the action may be brought or the application to the authority of the home or residence of one of the spouses , or if it is reasonable to require that it be.

Art. 48 II. Applicable law / 1. Principle II. Law applicable 1. Principle the effects of marriage are governed by the law of the State in which the spouses are domiciled.
When the spouses are not domiciled in the same State, the effects of marriage are governed by the law of the State with which the cause has the closest connection.
When the place of origin Swiss judicial or administrative authorities are competent under art. 47, they apply Swiss law.

Art. 49 II. Applicable law / 2. Maintenance 2. Maintenance the maintenance obligation between spouses is governed by the Hague convention of 2 October 1973 on the law applicable to maintenance obligations.

SR 0.211.213.01 art. 50 III. Decisions or measures foreign III. Decisions or measures foreign decisions or foreign measures relating to the effects of the marriage are recognized in Switzerland when they were made in the State of domicile or habitual residence of one of the spouses.

Section 3 plans marital art. 51 I. jurisdiction I. jurisdiction are competent to know actions or to order measures relating to matrimonial property regimes: a. during the dissolution of the matrimonial regime following the death of a spouse, the judicial or administrative authorities Swiss relevant to liquidate the succession (art. 86 to 89); b. upon the dissolution of the matrimonial regime following the legal dissolution of the marriage or the separation of body , the judicial authorities competent Swiss therefor (art. 59, 60, 63, 64); (c) in any other case, the judicial or administrative Swiss authorities competent to rule on the effects of the marriage (art. 46, 47).

Art. 52 II. Applicable law / 1. Choice of law / a. principle II. Law applicable 1. Choice of law a. principle the matrimonial regime is governed by the law chosen by the spouses.
The spouses may choose the law of the State in which they are both domiciled or will be living after the celebration of the marriage, or the right of a State of which one of them is a national. Art. 23, al. 2, is not applicable.

Art. 53 II. Applicable law / 1. Choice of law / b. modalities (b) terms and conditions the choice of law should be the subject of a written agreement or bring out a certain way to the provisions of the marriage contract; In addition, it is governed by the law chosen.
The choice of law can be made or changed at any time. If it is later than the celebration of the marriage, she feeds back to the day of the marriage, unless otherwise agreed.
The chosen law remains applicable until the spouses have not changed or revoked this choice.


Art. 54 II. Applicable law / 2. Absence of choice of law / a. principle 2. Absence of choice of law a. principle absence of choice of law, the matrimonial regime is governed: a. by the law of the State in which both spouses are domiciled at the same time or, if this is not the case; (b) by the law of the State in which, finally, both spouses were domiciled at the same time.

If the spouses have never at the same time domiciled in the same State, their common national law is applicable.
The spouses who have never been domiciled in the same State and do not have common nationality are subject to the Swiss regime of separation of property.

Art. 55 II. Applicable law / 2. Absence of choice of law / b. mutability and retroactivity during change of address b. mutability and retroactivity during change of domicile in case of transfer of residence of the spouse of one State in another, the right of the new home is applicable and feeds back to the day of the wedding. The spouses may agree in writing to exclude the retroactivity.
The change of domicile has no effect on the law applicable when the spouses have agreed in writing to maintain the earlier right or they are bound by a contract of marriage.

Art. 56 II. Applicable law / 3. Form of the contract of marriage 3. Form of the contract of marriage the marriage contract is valid as to form if it meets the conditions of the law applicable to the bottom or of the law of the place where the Act was passed.

Art. 57 II. Applicable law / 4. Legal relations with the third 4. Legal relationships with third-party effects of the matrimonial regime on a legal relationship between a husband and a third party are governed by the law of the State in which that spouse was domiciled at the time when this report arose.
However, these effects are governed by the law applicable to the matrimonial regime if the third party knew or should have known that right at the time when the legal relationship arose.

Art. 58 III. Foreign decisions III. Foreign decisions foreign decisions relating to the matrimonial property regime are recognized in Switzerland: a. when they were made or that they are recognized in the State of residence of the spouse defendant; b. when they were made or they are recognized in the State of residence of the applicant spouse and that the respondent spouse not was not domiciled in Switzerland; c. when they were made or that they are recognized in the State whose , under this Act, the law applies to the matrimonial regime, oud. insofar as they concern buildings, when they were made or that they are recognised in the State in which these buildings are located.

The recognition of decisions relating to the matrimonial regime taken under protective measures of the conjugal union or following a death, a declaration of nullity of marriage, a divorce or a legal separation is governed by the provisions of this Act relating to the General marriage, divorce effects or inheritance (art. 50, 65 and 96).

Section 4 Divorce and separation of body art. 59 I. jurisdiction / 1. Principle I. jurisdiction 1. Principle have jurisdiction of an action for divorce or legal separation: a. the Swiss of the husband's home court defendant; (b) the courts of the domicile of the applicant spouse Swiss, if they lived in Switzerland for a year or is Swiss.

Art. 60 I. jurisdiction / 2. The Forum of origin 2. For of origin when the spouses are not domiciled in Switzerland and one of them is Swiss, the courts of the place of origin are competent to hear an action for divorce or legal separation, if the action may be brought to the home of one of the spouses or if it is reasonable to require that it be.

Art. 61 II. Law II. Applicable law the divorce and the legal separation are governed by Swiss law.
However, when the spouses have a common foreign nationality and one is domiciled in Switzerland, their common national law is applicable.
When the common foreign national law does not permit the dissolution of the marriage or submits it to extraordinarily harsh conditions, Swiss law is applicable if one of the spouses is also Swiss, or if one of them resides two years in Switzerland.
When the place of origin Swiss courts have jurisdiction under art. 60, they apply Swiss law.

Art. 62 III. Interim measures III. Interim measures the Swiss court seized of an action for divorce or legal separation is competent to order interim measures, unless his incompetence for decision on the merits is manifest or was ascertained by a decision having the force of res judicata.
Interim measures are governed by Swiss law.
Are reserved the provisions of this Act on the obligation of support between spouses (art. 49), the effects of filiation (arts. 82 and 83) and the protection of minors (art. 85).

Art. 63 IV. IV incidental effects. Ancillary effects the Swiss court competent to hear an action for divorce or legal separation are also to decide on the ancillary effects. The provisions of this Act on the protection of minors (art. 85) are reserved.
The law applicable to divorce or the separation of body governs incidental effects of the divorce or separation of body. Are reserved the provisions of this Act relating to the name (arts. 37 and 40), the maintenance obligation between spouses (art. 49), the matrimonial regime (art. 52 to 57), to the effects of filiation (arts. 82 and 83) and the protection of minors (art. 85).

New content according to point 3 of the annex to the Federal ACT of 21 June 2013 (parental authority), in effect since July 1. 2014 (2014 357 RO; FF 2011 8315).

Art. 64 V. supplement or modification of a decision V. supplement or modification of a decision the Swiss courts are competent for action in addition to or variation of a judgment of divorce or legal separation if they have pronounced this judgment or if they are competent pursuant to arts. 59 or 60. Are reserved the provisions of this Act on the protection of minors (art. 85).
The action in addition or change in divorce or the separation of body is governed by the law applicable to divorce or the separation of body. Are reserved the provisions of this Act relating to the name (arts. 37 and 40), the maintenance obligation between spouses (art. 49), the matrimonial regime (art. 52 to 57), to the effects of filiation (arts. 82 and 83) and the protection of minors (art. 85).

Art. 65 VI. Foreign decisions VI. Foreign decisions foreign decisions of divorce or legal separation are recognized in Switzerland when they were made in the State of the domicile or habitual residence, or in the national State of one of the spouses, or if they are recognized in one of these States.
However, the decision made in a State which neither spouse or only the spouse applicant has nationality is recognized in Switzerland only: a. when, at the time of the request, at least one of the spouses was domiciled or had his habitual residence in that State and that the respondent spouse not was not domiciled in Switzerland; b. where the respondent spouse is subject without reservation to the jurisdiction of the foreign court ouc. When the respondent spouse has expressly consented to the recognition of the decision in Switzerland.

Chapter 3aPartenariat recorded art. 65aI. Application of Chapter 3 I. Application of Chapter 3 the provisions of Chapter 3 apply by analogy to the registered partnership, with the exception of art. 43, al. 2. new content according to clause I 5 of the Federal ACT of June 15, 2012, concerning control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).

Art. 65b II. For dissolution of the registered partnership II. For dissolution of a registered partnership where the partners are not domiciled in Switzerland and none of them is Switzerland, the Swiss courts of the place of registration are competent for actions or petitions relating to the dissolution of a registered partnership, if the action may be brought or the application before the Court of the domicile of one of the partners , or if it is reasonable to require them to be.

Art. 65 c III. Law III. Law applicable when the law applicable under Chapter 3 does not provisions applicable to registered partnership, Swiss law is applicable, subject to art. 49. in addition to the rights referred to in art. 52, al. 2, partners can choose the law of the State in which the partnership was registered.

Art. 65d IV. Decisions or actions of the IV registration State. Decisions or actions of the State of registration decisions or foreign measures are recognized in Switzerland: a. when they were made in the State in which the partnership was registered, etb. If the action could not be brought or the application in a foreign State whose jurisdiction is recognised in Switzerland according to the provisions of Chapter 3, or if it could not require them to be.

Chapter 4 Section 1 Filiation by birth Art. Filiation 66 I. jurisdiction / 1. Principle I. jurisdiction 1. Principle

The courts of the habitual residence of the child Swiss or those of the domicile of one of the parents have jurisdiction relating to the finding or challenging filiation action.

Art. 67 I. jurisdiction / 2. The Forum of origin 2. Of origin for when parents are not domiciled in Switzerland and the child is not habitually resident, the courts of the place of Swiss origin of one of the parents have jurisdiction an action relating to the finding or challenging filiation, if the action may be brought, or to the home of one of the parents, or the habitual residence of the child , or if it is reasonable to require that it be.

Art. 68 II. Applicable law / 1. Principle II. Law applicable 1. Principle the establishment, recognition and challenges to parentage are governed by the law of the State of the habitual residence of the child.
However, if neither of the parents is domiciled in the State of the habitual residence of the child and the parents and the child have the nationality of the same State, the law of that State shall apply.

Art. 69 II. Applicable law / 2. Defining 2 moment. Defining moment to determine the law applicable to the establishment, the finding or challenging filiation, based on the date of the birth.
However, in the case or judicial challenge of filiation, based on the date of the action if an overriding interest of the child requires it.

Art. 70 III. Foreign decisions III. Foreign decisions foreign decisions to establish or the challenge of filiation are recognized in Switzerland when they were made in the State of the habitual residence of the child or in the State or in the State of residence or in the national State of the mother or the father.

Section 2 recognition art. 71 I. jurisdiction I. jurisdiction are competent to receive recognition of child the Swiss authorities of the place of birth or of the habitual residence of the child, as well as those of the home or the place of origin of the mother or the father.
When it intervenes in the course of judicial proceedings, where filiation has a legal significance, the judge hearing the action may also receive recognition.
The competent courts for action relating to the realization or the challenge of filiation are also competent to judge the challenge of recognition (arts. 66 and 67).

Art. 72 II. Law II. Applicable law recognition in Switzerland can be made in accordance with the law of the State of the habitual residence of the child, to the right of the State, the law of the domicile or the law of the national State of the mother or the father. The date of recognition is critical.
The form of the recognition in Switzerland is governed by Swiss law.
The challenge of recognition is governed by Swiss law.

Art. 73 III. Recognition intervened or contested overseas III. Reached or disputed overseas recognition recognition of a child has occurred abroad is recognized in Switzerland when it is valid in the State of the habitual residence of the child, in its national State, in the State of residence or in the national State of the mother or the father.
Foreign decisions on the challenge of recognition are recognized in Switzerland when they were made in one of the States mentioned in para. 1 art. 74 IV. Legitimation IV. Legitimation art. 73 shall apply by analogy in terms of foreign legitimation.

Section 3 Adoption art. 75 I. jurisdiction / 1. Principle I. jurisdiction 1. Principle are competent to pronounce the adoption the judicial or administrative authorities of the adoptive parent or the adoptive home Swiss.
The competent courts for action relating to the realization or the challenge of filiation are also competent to judge of the contestation of adoption (arts. 66 and 67).

Art. 76 I. jurisdiction / 2. The Forum of origin 2. For of origin are competent to pronounce the adoption the legal authority of the place of origin, when the adoptive parent or the adoptive spouses are not domiciled in Switzerland and that one of them is Swiss and when they cannot adopt their home abroad, or that one cannot reasonably require that they committed an adoption procedure.

Art. 77 II. Law II. Applicable law of adoption in Switzerland are governed by Swiss law.
When it appears that an adoption would not be recognized in the State of residence or in the national State of the adoptive parent or the adoptive and would result in serious harm to the child, the authority takes into account also the conditions set by the law of the State in question. If, despite this, recognition is not assured, the adoption should not be imposed.
The action for annulment of an adoption in Switzerland is governed by Swiss law. A pronounced adoption abroad can not be canceled in Switzerland unless there is also a ground for cancellation under Swiss law.

Art. 78 III. Adoptions and similar institutions of the foreign law III. Adoptions and similar institutions of the foreign law made adoptions abroad are recognized Switzerland when they were spoken in the State of residence or in the national State of the adoptive parent or the adoptive.
Adoptions or similar institutions of foreign law which have substantially different effects of the parent-child relationship in the sense of Swiss law are recognized in Switzerland only with effects that are attached in the State in which they were spoken.

Section 4 effects of filiation art. 79 I. jurisdiction / 1. Principle I. jurisdiction 1. Principle the Swiss Court of the habitual residence of the child, or those of the home and without home, those of the habitual residence of the defendant parent are responsible for action relating to the relationship between parents and child, including an action related to the maintenance of the child.
The provisions of this Act relating to the name (art. 33, 37 to 40), the protection of minors (art. 85) and inheritance (art. 86 to 89) are reserved.

Art. 80 I. jurisdiction / 2. The Forum of origin 2. Of origin for when neither the child nor the respondent parent have domicile or habitual residence in Switzerland and one of them is Swiss, the courts of the place of origin are competent.

Art. 81. jurisdiction / 3. Claims of third 3. Third-party claims the Swiss courts referred to in art. 79 and 80 are also responsible for: a. applications in food benefits from the authorities who provided advances; b. applications of the mother in maintenance and reimbursement of the expenses of the birth.

Art. 82 II. Applicable law / 1. Principle II. Law applicable 1. Principle the relationship between parents and children are governed by the law of the State of the habitual residence of the child.
However, if neither of the parents is domiciled in the State of the habitual residence of the child and the parents and the child have the nationality of the same State, the law of that State shall apply.
The provisions of this Act relating to the name (art. 33, 37 to 40), the protection of minors (art. 85) and inheritance (art. 90 to 95) are reserved.

Art. 83 II. Applicable law / 2. Maintenance 2. Required food between parents and child support obligation is governed by the Hague convention of 2 October 1973 on the law applicable to maintenance obligations.
Insofar as the rights to maintenance of the mother and the reimbursement of the expenses of the birth are not addressed by the convention, its provisions shall apply by analogy.

SR 0.211.213.01 art. 84 III. Foreign decisions III. Foreign decisions foreign decisions relating to the relationship between parents and child are recognized in Switzerland when they were made in the State of the habitual residence of the child or in the State of domicile or habitual residence of the defendant parent.
The provisions of this Act relating to the name (art. 39), the protection of minors (art. 85) and inheritance (art. 96) are reserved.

Chapter 5 guardianship, adult protection and other protective measures art. 85. in the case of welfare children, the jurisdiction of the judicial or administrative authorities, applicable law and recognition and enforcement of decisions or foreign measures are governed by the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in parental responsibility and measures for the protection of children.
Privacy adults, the jurisdiction of the judicial or administrative authorities, applicable law and recognition and enforcement of decisions or foreign measures are governed by the Hague Convention of 13 January 2000 on the international protection of adults.
Moreover, the Swiss judicial or administrative authorities are competent when required by the protection of a person or his property.
The measures ordered in a State which is not a party to the conventions mentioned in paras. 1 and 2 are recognized if they were ordered or if they are recognized in the State of the habitual residence of the child or the adult.


New content according to art. 15 Dec 21 Fla. 2007 on the international abduction of children and the Conv. Hague on the protection of children and adults, in effect since July 1. 2009 (2009 3078 RO; FF 2007 2433).
RS 0.211.231.011 RS 0.211.232.1 new content according to Chapter 3 of the annex to the Federal ACT of 21 June 2013, in force since July 1. 2014 (2014 357 RO; FF 2011 8315).

Chapter 6 estates art. 86 I. jurisdiction / 1. Principle I. jurisdiction 1. Principle of the last domicile of the deceased Swiss judicial or administrative authorities are competent to take the necessary measures to settle the estate succession disputes.
Is reserved exclusive jurisdiction claimed by the State of the location of the buildings.

Art. 87 I. jurisdiction / 2. The Forum of origin 2. Origin for the legal authority of the place of origin of the deceased are competent to settle the estate of a Switzerland domiciled abroad at his death insofar as foreign authorities do not care.
The authorities of the place of origin are always relevant when, by a will or an agreement as to succession, a Switzerland having had his last domicile abroad submits to the jurisdiction or Swiss law the whole of his estate or the part thereof located in Switzerland. Art. 86, al. 2, is reserved.

Art. 88 I. jurisdiction / 3. For the location of 3. For location if a foreigner, domiciled abroad to his death, let property in Switzerland, the judicial authorities or administrative Swiss of the location are competent to settle the share of estate located in Switzerland insofar as foreign authorities do not care.
If there are goods in different places, the Swiss authority before the first is competent.

Art. 89 I. jurisdiction / 4. Precautionary measures 4. Provisional measures if the deceased had his last domicile abroad and leaves of assets in Switzerland, the Swiss of the location of these assets take the necessary provisional protection of these measures.

Art. 90 II. Applicable law / 1. Last domicile in Switzerland II. Law applicable 1. Last domicile in Switzerland the estate of a person who had his/her last domicile in Switzerland is governed by Swiss law.
However, a foreigner can submit his succession by will or succession to the right of one of its Member States. This choice is null and void if, at the time of his death, the settlor had no nationality or had acquired Swiss nationality.

Art. 91 II. Applicable law / 2. Last domicile abroad 2. Last domicile abroad, the estate of a person who has had his last domicile abroad is governed by the law that refers to the rules of private international law of the State in which the deceased was domiciled.
Insofar as the Swiss judicial or administrative authorities are competent under art. 87, the estate of a deceased Swiss person who had his/her last domicile abroad is governed by Swiss law unless, by will or succession, the deceased has reserved expressly the right of his last domicile.

Art. 92 II. Applicable law / 3. Area of the estate status and liquidation 3. Area of the estate status and liquidation the law applicable to the succession determines what is succession, which is called as a successor, for how much and which responds to estate debts, which institutions of inheritance can be invoked, what measures can be ordered and under what conditions.
The implementing rules are governed by the law of the State whose authority is competent. This law governs such interim measures of protection and liquidation, including the testamentary execution.

Art. 93 II. Applicable law / 4. Form 4. Form the validity of wills is governed as to form by the Hague convention of 5 October 1961 on the conflicts of laws on the form of testamentary dispositions.
This convention applies by analogy to the form of other provisions for cause of death.

SR 0.211.312.1 art. 94 II. Applicable law / 5. Ability to have 5. Ability to have a person can have for cause of death if, at the time of having, she has the ability under the law of the State of domicile or of habitual residence or the law of one of its Member States.

Art. 95 II. Applicable law / 6. Inheritance pacts and other reciprocal arrangements for cause of death 6. Inheritance pacts and other reciprocal arrangements for cause of death the succession is governed by the law of the State in which the settlor is resident at the time of the conclusion of the Pact.
If, in the Pact, a settlor submits all of his estate to the right of his national State, this right applies in the place and place of the law of the domicile.
The reciprocal provisions for cause of death are valid if they conform to the law of the domicile of each of the disposants or the right of a common national State they chose.
Are reserved the provisions of this Act on the form and the ability to have (art. 93 and 94).

Art. 96 III. Decisions, actions, documents, and foreign rights III. Decisions, actions, documents, and foreign rights decisions, measures or documents related to an estate, the same rights that derive an estate opened abroad, are recognized in Switzerland: a. when they were made, taken, prepared or recorded in the State of the last domicile of the deceased or in the State to whose law the deceased submitted his succession or if they are recognized in one of these States forgotten the source. When they relate to buildings and have been made, taken, prepared or recorded in the State in which the goods are located or if they are recognized in this State.

For a building located in a State that claims exclusive jurisdiction, only decisions, measures or documents emanating from this State are recognized.
The precautionary measures taken in the State of the location of the property of the deceased are recognised in Switzerland.

Chapter 7 rights real art. 97 I. jurisdiction / 1. Buildings I. jurisdiction 1. Property the courts of the location of the buildings in Switzerland are exclusively competent for real estate stocks.

Art. 98 I. jurisdiction / 2. Furniture 2. Furniture the Swiss domicile or, failing home courts, those of the habitual residence of the defendant have jurisdiction securities actions.
Moreover, the Swiss Court of the place where the goods are competent.

New content according to art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 98aI. jurisdiction / 3. Cultural property 3. Cultural property the Court domicile or headquarters of the defendant or the Court of the place where the cultural property is competent to resolve actions in return to the senses of the art. 9 of the Act of 20 June 2003 on the transfer of cultural goods.

Introduced by art. 32 No 3 of the Federal ACT of 20 June 2003 on the transfer of cultural property, in force since June 1, 2005 (RO 2005 1869; FF 2002 505).
RS 444.1 art. 99 II. Applicable law / 1. Buildings II. Law applicable 1. Estate real estate rights are governed by the law of the location of the building.
Claims as a result of emissions from a building are governed by the provisions of this Act relating to unlawful acts (art. 138).

Art. 100 II. Applicable law / 2. Furniture / a. principle 2. Furniture a. principle the acquisition and loss of rights movable real are governed by the law of the location of the furniture at the time of the facts on which is based the acquisition or loss.
The content and the exercise of movable real rights are governed by the law of the location of the furniture.

Art. 101 II. Applicable law / 2. Furniture / (b) goods in transit (b) goods in transit the acquisition and loss, by legal acts, of real rights in goods in transit are governed by the law of the State of destination.

Art. 102 II. Applicable law / 2. Furniture / c. goods transported in Switzerland c. goods transported in Switzerland when a chattel is transported from abroad in Switzerland and the acquisition or loss of real rights not yet intervened abroad, developments abroad are deemed to be made in Switzerland.
When managed in Switzerland one course which was validly incorporated abroad a reserve of property that does not meet the requirements of Swiss law, this reservation of ownership retains nonetheless its validity for three months.
The third party in good faith may be against the existence of such reservation of ownership established abroad.

Art. 103 II. Applicable law / 2. Furniture / d. reservation of ownership of property for export d. reservation of ownership of property for export the reservation of ownership made up on a security thing for export is governed by the law of the State of destination.

Art. 104 II. Applicable law / 2. Furniture / e. Election of law e. Election of right the parties may submit the acquisition and loss of movable real rights to the law of the State of dispatch or destination or the law that governs the basic legal act.
The choice of law is not enforceable against third parties.


Art. 105 II. Applicable law / 3. Special rules / a. pledging of receivables, securities or other rights 3. Rules special a. pledging of receivables, securities or other rights pledge of receivables, securities or other rights, is governed by the law chosen by the parties. This choice of law is not enforceable against third parties.
Absence of choice of law, pledging of receivables or securities is governed by the law of the State of the habitual residence of the pledgee; pledging of other rights is governed by the law which applies has these.
The debtor may be against another right that one who governs the right set a token.

Art. 106 II. Applicable law / 3. Special rules / b. securities representing goods (b) documents establishing title to goods the law designated in a title determines if this title represents the goods. If such designation, the question is governed by the law of the State in which the issuer has its place of business.
When the title represents the goods, real rights to the title and the goods are governed by the law applicable to the title as a good furniture.
When several people argue real rights on the goods, some directly, others under title, the law applicable to the goods even determines which of these rights prevails.

Art. 107 II. Applicable law / 3. Special rules / c. means of transport (c) means of transport are reserved those provisions of other laws which relate to rights in rem on ships, aircraft or other means of transport.

Art. 108 III. Foreign decisions III. Foreign decisions foreign real estate decisions are recognised in Switzerland when they were made in the State in which the property is located or when they are recognized in this State.
Foreign decisions movable real rights are recognized in Switzerland: a. when they were made in the State of the domicile of the defendant; b. when they were made in the State in which the property is located, as long as the defendant has been his habituelle.c residence. …

Repealed by art. the AF from 3 oct 2. 2008 on the approval and implementation of the Conv. in the Hague on the law applicable to certain rights in securities held with an intermediary, with effect from Jan 1. 2010 (2009 6579 RO; FF 2006 8817).

Chapter 7aTitres intermediated art. 108a I. Definition I. Definition On intermediated securities securities held with an intermediary within the meaning of the Hague Convention of 5 July 2006 on the law applicable to certain rights in securities held with an intermediary means.

See annex 2, below.

Art. 108b II. Jurisdiction II. Jurisdiction the courts Swiss domicile or, failing home, those of the habitual residence of the defendant have jurisdiction for actions relating to securities.
The Swiss Court of the place where the defendant has his business are also responsible for actions relating to securities arising from the operation of this facility.

Art. 108c III. Law III. Applicable law the law applicable to intermediated securities is governed by the Hague Convention of 5 July 2006 on the law applicable to certain rights in securities held with an intermediary.

See annex 2, below.

Art. 108d IV. Foreign decisions, IV. Foreign decisions foreign decisions in connection with proceedings concerning securities are recognized in Switzerland: a. when they were made in the State of domicile or habitual residence of the defendant; b. when they were made in the establishment of the defendant State and the claim is a result of the operation of this facility.

Chapter 8 property intellectual art. 109I. jurisdiction I. jurisdiction Swiss of the domicile of the defendant courts have jurisdiction for actions relating to the validity or registration in Switzerland of intellectual property rights. If the defendant has no domicile in Switzerland, these actions may be brought before the Swiss Court of commercial headquarters of the agent entered in the register, or, failing that, the courts of the place where the authority which keeps the record has its headquarters.
Actions in violation of intellectual property rights may be brought before the Swiss Court of the domicile of the defendant or, failing that, those of his habitual residence. Are also competent courts Swiss of the place of the Act or the result and, for actions related to the activity of the institution in Switzerland, the courts of the place of business.


New content according to Chapter 5 of the annex to the Federal ACT of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Repealed by art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), with effect from Jan 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 110 II. Law II. Applicable law the rights of intellectual property are governed by the law of the State for which intellectual property protection is claimed.
With respect to claims resulting from a wrongful act, the parties may always agree, after the damaging event, the application of the law of the Forum.
Contracts on intellectual property are governed by the provisions of this Act on contracts (art. 122).

Art. 111 III. Foreign decisions III. Foreign decisions foreign decisions relating to the violation of intellectual property rights are recognized in Switzerland: a. when the decision was made in the State of the domicile of the defendant; forgotten the source. When the decision was made instead of the Act or the result and that the defendant was not domiciled in Switzerland.

Foreign decisions on the existence, validity or registration of intellectual property rights are recognized only if they were made in a State for which intellectual property protection is claimed, or if they are recognized.

New content according to Chapter 5 of the annex to the Federal ACT of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Chapter 9 law of obligations Section 1 contracts art. 112 I. jurisdiction / 1. Home and property I. jurisdiction 1. Home and property the courts Swiss domicile or, failing home, those of the habitual residence of the defendant have jurisdiction for actions arising under a contract.
The Swiss Court of the place where the defendant has his business are also responsible for actions relating to an obligation arising from the operation of this facility.

New content according to art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 113I. jurisdiction / 2. Place of performance 2. Place of performance when the characteristic performance of the contract must be performed in Switzerland, the action can also be brought before the Swiss Court of the place where it has to be performed.

New content according to art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 114 I. jurisdiction / 3. Contracts concluded with consumers 3. Contracts concluded with consumers in contracts that meet the conditions set out by art. 120, al. 1, the action brought by a consumer can be brought, at the option of the latter, the Swiss Court;
a. his domicile or habitual residence, forgotten the source. home or, if there is no home, the residence of the supplier.

The consumer may not waive in advance the Forum of his domicile or habitual residence.

Art. 115 I. jurisdiction / 4. Contracts of employment 4. Employment contracts the Swiss Court of the domicile of the defendant or of the place where the employee habitually carries out his work are responsible for actions related to the contract of employment.
The action brought by a worker can, moreover, be brought to the Court of his domicile or habitual residence in Switzerland.
The Swiss courts of the place in which a worker from abroad is detached, for a limited period and to perform all or part of its work, are also competent for measures relating to conditions of work and wages should apply to this service.

Introduced by section 1 of the annex to the Federal ACT of 8 October. 1999 on posted workers, in force since June 1, 2004 (RO 2003 1370; FF 1999 5440).

Art. 116 II. Applicable law / 1. In general / a. choice of law II. Law applicable 1. In general a. choice of law the contract is governed by the law chosen by the parties.
The choice of law must be express or out for certain of the provisions of the contract or the circumstances; In addition, it is governed by the law chosen.
The choice of law can be made or changed at any time. If it is later than the conclusion of the contract, it feeds back at the time of the conclusion of the contract. The rights of third parties are reserved.

Art. 117 II. Applicable law / 1. In general / b. Absence of choice of law


b. absence of choice of law in the absence of choice of law, the contract is governed by the law of the State with which it has the closest links.
These links are deemed exist with the State in which the party who must provide the characteristic performance has his habitual residence or, if the contract is concluded in the exercise of an activity or commercial, his establishment.
By characteristic performance, includes: a. the provision of the alienator, in the contracts of alienation; b. the delivery part which gives usage, in contracts for the use of a thing or a right; c. service delivery in the mandate, the contract and any other contracts of service; d. delivery of the depositary, in the deposit contract; e. the provision of the guarantor or the deposit in the contracts of guarantee or surety.

Art. 118 II. Applicable law / 2. In particular / a. chattel sale 2. In particular a. chattel sale securities sales are governed by the Hague convention of 15 June 1955 on the law applicable to the international character of goods sales.
Art. 120 is reserved.

SR 0.221.211.4 art. 119 II. Applicable law / 2. In particular / b. buildings b. buildings relating to buildings or usage contracts are governed by the law of the place of their situation.
The choice of law is permitted.
However, the form of the contract is governed by the law of the State in which the building is located, unless it admits the application of another right. For the sis building in Switzerland, the form is governed by Swiss law.

Art. 120 II. Applicable law / 2. In particular / c. contracts concluded with consumers c. contracts concluded with consumers contracts on delivery of consumer for use personal or family of the consumer and is not connected with the professional activity or business of the consumer are governed by the law of the State of the habitual residence of the consumer: a. If the provider received the order in that State; (b) if the conclusion of the contract was preceded in this Status of an offer or an advertisement and that the consumer has done the acts necessary for the conclusion of the contract, ouc. If the consumer was prompted by its provider to travel to a foreign State for the purpose of ordering there.

The choice of law is excluded.

Art. 121 II. Applicable law / 2. In particular / d. d. employment contracts the contract of employment contracts is governed by the law of the State in which the employee habitually carries out his work.
If the employee habitually carries out his work in several States, the employment contract is governed by the law of the State of the institution or, failing institution, the home or residence of the employer.
The parties may submit the contract to the law of the State in which the worker has his habitual residence, or in which the employer has his establishment, domicile or habitual residence.

Art. 122 II. Applicable law / 2. In particular / e. contracts on intellectual property e. contracts on intellectual property contracts on intellectual property are governed by the law of the State in which those who transfer or concedes the right of intellectual property has his habitual residence.
The choice of law is permitted.
The contracts between an employer and a worker, concerning the intellectual property rights to inventions that the worker has performed in the performance of his work, are governed by the law applicable to the employment contract.

Art. 123 II. Applicable law / 3. Common provisions / a. Silence after receipt of an offer of 3. Provisions common Silence after receipt of an offer the part which does not respond to the offer of a contract may ask that the effects of his silence are governed by the law of the State in which it has its habitual residence.

Art. 124 II. Applicable law / 3. Common provisions / b. form b. form the contract is valid as to form if it meets the conditions laid down by the law applicable to the contract or the law of the place of conclusion.
The form of a contract concluded between persons who are in different States is valid if it meets the conditions laid down by the law of one of those States.
The form of the contract is exclusively governed by the law applicable to the contract itself when to protect part, this law prescribed the respect of a specific form, unless this law admit the application of another right.

Art. 125 II. Applicable law / 3. Common provisions / c. terms audit c. terms of verification or enforcement or enforcement of audit or enforcement procedures are governed by the law of the State in which they are actually taken.

Art. 126 II. Applicable law / 3. Common provisions / d. Representation d. Representation when the representation is based on a contract, reports between represented and representative are governed by the law applicable to their contract.
The conditions in which the representative acts bind the represented and the third-party contractor are governed by the law of the State of the establishment of the representative or, if such an establishment is lacking or is not recognizable to the third-party contractor, by the law of the State in which the representative deploys its predominant activity in the present case.
When the representative is bound to the represented by an employment contract and does not own commercial establishment, its establishment is deemed to be at the seat of the principal.
The right referred to in para. 2 also governs relations between the representative without power and the third party.

Section 2 enrichment illegitimate art. 127I. jurisdiction I. jurisdiction courts Swiss domicile or, failing home, those of the habitual residence of the defendant have jurisdiction for cause of enrichment illegitimate actions. In addition, the courts of the place of business in Switzerland are responsible for actions related to the activity of the establishment.

New content according to Chapter 5 of the annex to the Federal ACT of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 128 II. Law II. Applicable law for cause of unlawful enrichment claims are governed by the law that governs the relationship legal, existing or assumed, whereby the enrichment occurred.
Absence of such a report, these claims are governed by the law of the State in which the enrichment occurred; the parties may agree to the application of the law of the Forum.

Section 3 acts illegal art. 129I. jurisdiction / 1. Principle I. jurisdiction 1. Principle the Swiss Court of the domicile or, failing home, those of the habitual residence of the defendant have jurisdiction of actions based on a wrongful act. Are also competent courts Swiss of the place of the Act or the result and, for actions related to the activity of the institution in Switzerland, the courts of the place of business.


New content according to Chapter 5 of the annex to the Federal ACT of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Repealed by art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), with effect from Jan 1. 2011 (2010 5601 RO; FF 2009 1497).

Art. 130 I. jurisdiction / 2. In particular 2. In particular the Swiss Court of the place where the harmful event occurred are responsible for actions related to the damage caused by a nuclear facility or the transport of nuclear substances.
When this place cannot be determined, the action may be brought: a. If the responsibility lies with the operator of a nuclear facility, before the Swiss Court of the place where that installation is located; (b) if the responsibility rests with the holder of a transport permit, before the Swiss Court of the place where the holder is domiciled or home.

Actions in the execution of the right of access against the master of the file can be brought before the courts referred to in art. 129 before the Swiss Court of the place where the file is managed or used.

Introduced by section 3 of the annex to the Federal ACT of June 19, 1992, on the protection of data, in effect since July 1. 1993 (1993 1945 RO; 1988 II 421 FF).

Art. 131 I. jurisdiction / 3. Direct action against the insurer 3. Direct action against the insurer direct action against the insurer of the liability can be brought before the Swiss courts, either of the place of business of the insurer in Switzerland, by the place of the Act or the result.

Art. 132 II. Applicable law / 1. In general / a. choice of law II. Law applicable 1. In general a. choice of law after the damaging event, the parties may agree at any time on the application of the law of the Forum.

Art. 133 II. Applicable law / 1. In general / a. choice of law / b. Absence of choice of law b. Absence of choice of law when the author and injured him have their habitual residence in the same State, claims based on a wrongful act are governed by the law of that State.

When the author and injured him have no habitual residence in the same State, these claims are governed by the law of the State in which the wrongful act was committed. However, if the result has occurred in another State, the law of that State shall apply if the author had to predict that the result will occur.
Notwithstanding the previous paragraphs, when a wrongful act violates a legal relationship existing between author and injured, claims based on this Act are governed by the law applicable to the legal relationship.

Art. 134 II. Applicable law / 2. In particular / a. 2 Road Traffic Accidents. In particular a. Road Traffic Accidents claims resulting from road traffic accidents are governed by the Hague convention of 4 May 1971 on the law applicable in road traffic accidents.

SR 0.741.31 art. 135 II. Applicable law / 2. In particular / b. liability of a product (b) of a product liability claims based on a defect or defective description of a product are governed at the choice of the injured party: a. by the law of the State in which the author is established or, failing institution, his habitual residence, forgotten the source. by the law of the State in which the product was acquired, unless the author proves that the product was marketed in that State without his consent.

If claims based on a defect or defective description of a product are governed by foreign law, we can't in Switzerland grant other benefits than those that would be allocated for such damage under Swiss law.

Art. 136 II. Applicable law / 2. In particular / c. competition c. unfair competition unfair claims based on an act of unfair competition are governed by the law of the State in which market the result occurred.
If the Act affects exclusively the interests of a specific competitor enterprise, the applicable law will be injured school headquarters.
Art. 133, al. 3, is reserved.

Art. 137 II. Applicable law / 2. In particular / d. hindrance to competition d. hindrance to competition claims based on an impediment to competition are governed by the law of the State in which market the obstruction directly produces its effects on the injured party.
If claims based on an impediment to competition are governed by foreign law, it cannot, in Switzerland, other compensation that would be allocated to an impediment to competition under Swiss law.

Art. 138 II. Applicable law / 2. In particular / e. Immissions e. Immissions claims resulting from a building harmful Immissions are governed, to the choice of the injured party, by the law of the State in which the property is situated or by the law of the State in which the result is produced.

Art. 139 II. Applicable law / 2. In particular / f. breach of privacy f. breach of privacy claim based on a breach of privacy by the media, including through the press, radio, television or any other means of public information, are governed, to the choice of the injured party: a. by the law of the State in which the injured has his habitual , for as much as the author of the damage had to expect that the result occurs in that State; (b) by the law of the State in which the infringer has his property or his habitual residence, ouc. by the law of the State in which the result of the infringement occurs, as long as the author of the damage had to expect that the result occurs in this State.

The right of reply against periodic media is exclusively governed by the law of the State in which the publication was published or the show was aired.
The al. 1 also applies to violations of personality as a result of the processing of personal data as well as the obstacles to the exercise of the right of access to personal data.

Introduced by section 3 of the annex to the Federal ACT of June 19, 1992, on the protection of data, in effect since July 1. 1993 (1993 1945 RO; 1988 II 421 FF).

Art. 140 II. Applicable law / 3. Special rules / a. several authors 3. Rules special. several authors if several people participated in an illegal act, the applicable law will be determined separately for each of them, regardless of their role.

Art. 141 II. Applicable law / 3. Special rules / b. Direct Action against the insurer b. Direct Action against the insurer the injured can direct the action directly against the insurer of the person responsible if the law applicable to the wrongful act or the law applicable to the insurance contract so provides.

Art. 142 II. Applicable law / 4. Area of the law applicable 4. Applicable law the law applicable to the wrongful act determines particular tort ability, conditions and scope of responsibility, as well as the person of the head.
Security and rules of behaviour in force instead of the Act are taken into account.

Section 4 provisions art. 143 I. plurality of debtors / 1. Claims against several debtors I. plurality of debtors 1. Claims against several debtors when the creditor can assert its claim against several debtors, the legal consequences are determined under the law that governs relations between the creditor and the debtor sought.

Art. 144 I. plurality of debtors / 2. Use between 2 co-debtors. Use between co-debtors a debtor has a right of recourse against a joint debtor, directly or by way of subrogation, insofar as the rights governing the two debts admit it.
The exercise of the remedies against a joint debtor is governed by the law applicable to the debt of the debtor to the creditor. Matters concerning the relationship between the creditor and the debtor exclusively using are governed by the law applicable to the debt of the latter.
The ability of an institution to a public task to appeal is determined by the law applicable to that institution. Eligibility and the exercise of the remedies are governed by the preceding two paragraphs.

Art. 145 II. Transfer of receivables / 1. II contractual assignment. Transfer of receivables 1. Contractual transfer the contractual assignment of receivables is governed by the law chosen by the parties or, if there is no choice, by the law applicable to the claim assigned; the choice made by the assignor and the assignee is not enforceable against the debtor without its approval.
The choice of law relating to the assignment of a receivable of a worker is valid only insofar as the art. 121, al. 3, relating to the employment contract, admit it.
The form of the assignment is exclusively governed by the law applicable to the contract of assignment.
Questions concerning exclusively the relationship between assignor and assignee are governed by the law applicable to the legal relationship on the basis of the assignment.

Art. 146 II. Transfer of receivables / 2. Legal assignment 2. Legal assignment the legal assignment of receivables is governed by the law which regulates the report originating from the old to the new creditor and, in the absence of such a report, by the law governing the receivable.
The provisions of the law governing the receivable, which are intended to protect the debtor are reserved.

Art. 147 III. Currency III. Currency the currency is defined by the law of the issuing State.
The effects exerted on the extent of a debt by a currency are determined by the law applicable to the debt.
The law of the State in which the payment must be made determines which currency this payment must be made.

Art. 148 IV. Prescription and extinction of debts IV. Prescription and extinction of claims the law applicable to the claim to govern the prescription and extinction.
In case of extinction by compensation, the applicable law is that governing the receivable to which the compensation is opposite.
Novation, debt relief and compensation contract are governed by the provisions of this Act relating to the law of contracts (art. 116 ss).

Section 5 Decisions foreign art. 149. foreign decisions relating to a claim under the law of obligations will be recognized in Switzerland: a. when they were made in the State of residence of the defendant, forgotten the source. When they were made in the State of the habitual residence of the defendant, provided that the claims relate to an activity carried out in that State.

They are also recognized:

a. where the decision relates to a contractual obligation, as she did in the State of execution of the characteristic performance, and that the defendant was not domiciled in Switzerland; b. where the decision relates to a claim relating to a contract concluded with a consumer, that it has been made to the home or habitual residence of the consumer and that the conditions provided for in art. 120, al. 1, are met; c. where the decision relates to a claim under a contract of employment and that it has been made, either instead of exploitation in the workplace, and that worker no was not domiciled in Switzerland; d. where the decision relates to a claim arising from the operation of a facility and that it was made at the headquarters of the establishment; e. when the decision concerns an unlawful enrichment that it has been made instead of the Act or instead of the result and that the defendant was not domiciled in Switzerland, phew. When the decision was on a delictual obligation, that she has been made instead of the Act or instead of the result and the defendant was not domiciled in Switzerland.

New content according to art. 3 No 3 of the AF on Dec. 11. 2009 (approval and implementation of the Lugano Conv), in force since Jan. 1. 2011 (2010 5601 RO; FF 2009 1497).

Chapter 9aTrusts art. 149 I. Definition I. Definition On means by trusts trusts formed by legal act within the meaning of the Hague Convention of 1 July 1985 on the law applicable to the trust and recognition, regardless of the fact that the evidence of these trusts or not in writing within the meaning of art. 3 of the convention.

SR 0.221.371 art. 149b II. Jurisdiction II. Jurisdiction in matters of the law of trusts, the election of for under the terms of the trust is crucial. The election of for, or leave to elect the provided for in the terms of the trust must be observed if it took place in writing or in another form which allows to prove by a text. Unless otherwise agreed, the election of for is exclusive. Art. 5, al. 2, shall apply by analogy.
The chosen court may decline jurisdiction: a. If one of the parties, the trust or a trustee is resident, has his habitual residence or establishment in the canton where the Court is sitting, forgotten the source. If a large part of the assets of the trust is located in Switzerland.

If an election of for valid or when the election of for is not exclusive, one of the following Swiss Court is competent: a. the Court of the domicile or, in the absence of home, that of the habitual residence of the party defendant; (b) the Court of the seat of the trust; (c) for actions arising from the operation of a facility in Switzerland, the Court of the place of this business.

In case of dispute on the liability resulting from the public issue of equity and loans, an action may also be brought before the issuance Swiss courts. This skill cannot be excluded by an election of for.

Art. 149c III. Law III. Applicable law the law applicable to trusts is governed by the Hague Convention of 1 July 1985 on the law applicable to the trust and gratitude.
The law designated by the convention is also critical in cases where, in accordance with his art. 5, it is not applicable, and where, in accordance with his art. 13, the State is not required to recognize a trust.

SR 0.221.371 art. 149d IV. Special provisions concerning advertising IV. Special provisions for advertising when the property of a trust are registered in the name of a trustee in the land register, register of ships or the aircraft register, the link with a trust may be subject to a mention.
The link with a trust on intellectual property rights registered in Switzerland is on request, entered in the relevant register.
The link with a trust that has not been a mention or which has not been registered is not against third parties in good faith.

Art. 149th V. Decisions foreign V. Foreign Decisions foreign decisions in cases in the law of trusts are recognized in Switzerland when: a. they were made by a tribunal validly appointed according to art. 149b, al. 1; b. they were made in the State of domicile, habitual residence or the institution of the defendant; c. they were made in the State of the seat of the trust; d. they were rendered in the State whose law governs the trust, Yes. they are recognized in the statement of the head of the trust and the defendant was not domiciled in Switzerland.

Art. 165, al. 2, is applicable by analogy to foreign decisions on the claims related to the public issue of equity and loans through prospectus, circulars or other similar publications.

Chapter 10 companies art. 150 I. concepts I. Notions within the meaning of this Act, means any company organized person and any organized heritage society.
Simple companies that do not have an organization are governed by the provisions of this Act relating to the law of contracts (art. 116 ss).

Art. 151 II. Jurisdiction / 1. Principle II. Jurisdiction 1. Principle when disputes law companies, the Swiss courts of the seat of the company are competent for actions against the company, members or individuals responsible under the law of corporations.
The Swiss courts of the domicile or, failing home, those of the habitual residence of the defendant are also competent for actions against a member or other responsible person under the companies law.
Notwithstanding an election of for, public issuance Swiss courts are also competent when the liability proceedings is due to issuance of equity and debt.


Introduced by the c. II 18 of annex 1 to the CPC on Dec 19. 2008 (RO 2010 1739; FF 2006 6841). Repealed by no II 2 of the Federal ACT on Sept. 28. 2012, with effect from May 1, 2013 (RO 2013 1103; FF 2011 6329).

Art. 152 II. Jurisdiction / 2. Responsibility for a foreign company 2. Responsibility for a foreign company are responsible for actions directed against a person responsible under art. 159 or against the foreign company for which this person is: a. the Swiss Court of the domicile or, failing home, those of the habitual residence of the defendant, forgotten the source. the Swiss Court of the place where the company is actually managed.

Art. 153 II. Jurisdiction / 3. Measures 3. Measures of protection measures to protect sis property in Switzerland of companies that have their headquarters abroad fall authorities judicial or administrative Swiss of the location of the assets to protect.

Art. 154 III. Applicable law / 1. Principle III. Law applicable 1. Principle companies are governed by the law of the State under which they are held if they meet the conditions of advertisement or registration prescribed by this law or, in case these requirements do not exist, if they organized themselves according to the law of that State.
The company that does not meet these conditions is governed by the law of the State in which it is actually administered.

Art. 155 III. Applicable law / 2. Area of the law applicable 2. Field of law subject to the art. 156 to 161, the law applicable to the company governs particularly: a. the legal nature of the Corporation; (b) the constitution and dissolution; (c) the enjoyment and exercise of rights civil; d. the name or the business name; e. organizing; f. internal reports, in particular the relationship between the company and its members; g. the liability for breach of the provisions of the company law; h. liability for the debts of the company; i. power of representation people acting for the company, according to his organization.

Art. 156 IV. Special attachments / 1. Claims arising from the public issue of equity and borrowings IV. Special attachments 1. Claims arising from the public issue of equity and borrowing the claims that derive from the issuance of equity and loans through prospectus, circulars or other similar publications, are governed either by the law applicable to the company, or by the law of the issuing State.

Art. 157 IV. Special attachments / 2. Protection of the name and the name 2. Protection of the name and business name protection of the name and the name of the companies entered in the Swiss Register of commerce against attacks in Switzerland is governed by Swiss law.
If entry in the Swiss Register of commerce, protection of the name and the name is governed by the law applicable to violations of personality (art. 132, 133 and 139) or unfair competition (art. 136).

Art. 158 IV. Special attachments / 3. Restriction of the powers of representation 3. Restriction of the powers of representation the company cannot invoke the power of representation of a body or a representative restrictions that are unknown to the law of the State of the institution or of the habitual residence of the other party, unless it has known or have known of these restrictions.


Art. 159 IV. Special attachments / 4. Responsibility for a foreign company 4. Responsibility for a foreign company when a company created under foreign law activities are carried out in Switzerland or from Switzerland, the responsibility of people who act on behalf of this company is governed by Swiss law.

Art. V. 160, branches in Switzerland of foreign companies V. branches in Switzerland of foreign companies a company which has its headquarters abroad may have a branch in Switzerland. This branch is governed by Swiss law.
Swiss law governs the representation of such branch. One at least of the persons authorized to represent these branches must be domiciled in Switzerland and be entered in the trade register.
The federal Council lays down arrangements for mandatory registration in the commercial register.

Art. 161 VI. Transfer, merger, split and transfer of assets / 1. Transfer of a company abroad in Switzerland / a. principle VI. Transfer, merger, split and transfer of assets 1. Transfer of a company abroad in Switzerland a. principle if the foreign law that governs permits, without a liquidation or a new Foundation, a foreign company may comply with Swiss law. It must meet the conditions set by the foreign law and to adapt to one of the forms of organization of Swiss law.
The federal Council may authorize the change of legal status even if the conditions laid down by the foreign law are not met, especially if important Swiss interests are at stake.

New content according to Chapter 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).

Art. 162 VI. Transfer, merger, split and transfer of assets / 1. Transfer of a company abroad in Switzerland / b. defining b. time Moment determining a required company under Swiss law, to register in the commercial register is governed by Swiss law as soon as it has provided evidence that its business center was transferred to Switzerland and that it is adapted to one of the forms of organization of Swiss law.
A company that, under Swiss law, is not required to register to the registry of the trade is governed by Swiss law as soon as clear willingness to be governed by it, she has a sufficient connection with the Switzerland and that it is adapted to one of the forms of organization of Swiss law.
Before enrolling, a company is required to prove, by producing a report issued by one expert-reviewer approved within the meaning of the law of 16 December 2005 on the supervision of the review, that its capital is covered in accordance with Swiss law.

New content according to Chapter 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).
RS 221.302 new content according to Chapter 4 of the annex to the LF of 16 Dec. 2005 (law of liability company limited; adaptation of the rights of anonymous society, cooperative society, the registry of trade and of the reasons for trade), in force since Jan. 1. 2008 (2007 4791 RO; FF 2002 2949, 2004 3745).

Art. 163VI. transfer, merger, split and transfer of assets / 2. Transfer of a company of Switzerland abroad 2. Transfer of a company of the Switzerland abroad a Swiss company may, without a liquidation or a new Foundation, to submit to foreign law if it meets the conditions set by the Swiss law and if it continues to exist under foreign law.
Creditors should be summoned to produce their claims by a public call informing them of the proposed change of legal status. Art. 46 of the Act of 3 October 2003 on the merger shall apply by analogy.
Are reserved the provisions on provisional measures in the case of international conflicts in the sense of art. 61 of the Federal law of October 8, 1982 on the supply of the country.

New content according to Chapter 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).
RS 221.301 RS 531 art. 163aVI. transfer, merger, split and transfer of assets / 3. Fusion / a. Fusion from abroad to Switzerland 3. Fusion a. Fusion from overseas to the Switzerland a Swiss company can take over a foreign company (absorption by immigration) or to join it to found a new Swiss company (combination by immigration) if the law applicable to the foreign company authorizes and if the conditions laid down by this law are met.
For the rest, the merger is governed by Swiss law.

Introduced by section 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).

Art. 163bVI. transfer, merger, split and transfer of assets / 3. Fusion / b. merger of Switzerland abroad (b) Fusion of the Switzerland abroad a foreign company can take over a Swiss company (absorption by emigration) or to join it to form a new foreign company (combination by emigration) if the Swiss company proves: a. all of its assets and liabilities will be transferred to the foreign company; (b) that the shares or membership rights will be maintained adequately within the foreign company.

The Swiss company must respect all provisions of Swiss law apply to the transferring company.
Creditors are summoned to produce their claims by a public appeal in Switzerland advising them of the proposed amalgamation. Art. 46 of the Act of 3 October 2003 on the merger shall apply by analogy.
For the rest, the merger is governed by the law applicable to the reprenante foreign company.

Introduced by section 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).
SR 221.301 art. 163cVI. transfer, merger, split and transfer of assets / 3. Fusion / fusion c. merger agreement the merger contract contract must comply with the mandatory provisions of the company law applicable to corporations that are merging, including the rules of form.
For the rest, the merger agreement is governed by the law chosen by the parties. Absence of choice of law, the merger agreement is governed by the law of the State with which it has the closest links. These links are presumed to exist with the State whose law governs the reprenante company.

Introduced by section 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).

Art. 163dVI. transfer, merger, split and transfer of assets / 4. Split and transfer of assets 4. Split and transfer of heritage the provisions of this Act relating to the merger apply by analogy to the split and the transfer of assets to which a Swiss company and a foreign company are parties. Art. 163b, al. 3, does not apply to the transfer of assets.
For the rest, the demerger and transfer of heritage are governed by the law applicable to the company who splits or who transfers its assets to another topic.
The law applicable to the company which splits is presumed to apply to the contract of Division if the conditions set out in art. 163c, al. 2, are met. These rules apply by analogy to the forwarding contract.

Introduced by section 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).

Art. 164VI. transfer, merger, split and transfer of assets / 5. Common provisions / a. deletion from the register of commerce 5. Provisions common. deletion from the register of commerce a company registered in the register of trade in Switzerland cannot be struck out if the report of a certified expert auditor certifies that creditors received collateral or have been disinterested in accordance with art. 46 of the Act of 3 October 2003 on the merger or that they agree to the radiation.
When a foreign company takes over a Swiss company, she joins her to found a new foreign company or that a Swiss company splits for the benefit of foreign companies, in addition: a. to prove that the merger or the Division became legally valid under the law applicable to the foreign company; (b) that an authorized expert-reviewer certifies that the foreign company has allotted to associates of the Swiss company shares or membership rights to which they are entitled, or that she has paid or guaranteed the eventual balance or any compensation.

New content according to Chapter 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).
RS 221.301 new content according to Chapter 4 of the annex to the LF of 16 Dec. 2005 (law of liability company limited; adaptation of the rights of anonymous society, cooperative society, the registry of trade and of the reasons for trade), in force since Jan. 1. 2008 (2007 4791 RO; FF 2002 2949, 2004 3745).
New content according to Chapter 4 of the annex to the LF of 16 Dec. 2005 (law of liability company limited; adaptation of the rights of anonymous society, cooperative society, the registry of trade and of the reasons for trade), in force since Jan. 1. 2008 (2007 4791 RO; FF 2002 2949, 2004 3745).


Art. 164aVI. transfer, merger, split and transfer of assets / 5. Common provisions / b. place for the prosecution and for b. place of the pursuit and for when a foreign company takes over a Swiss company, she joins her to found a new foreign company or that a Swiss company splits for the benefit of foreign companies, the action requesting review of the shares or of the rights of membership in accordance with art. 105 of the law of 3 October 2003 on the fusion can also be introduced at the Swiss headquarters of the subject transferring.
The place of pursuit and the Forum in Switzerland remains as long as creditors or holders of shares were not disinterested or that their claims have not been guaranteed.

Introduced by section 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).
SR 221.301 art. 164bVI. transfer, merger, split and transfer of assets / 5. Common provisions / c. transfer, merger, split and transfer of assets abroad. c transfer, merger, split and transfer of assets abroad submission to a foreign company to another foreign legal order as well as the merger, split and the transfer of assets between foreign companies are recognized as valid in Switzerland if they apply under the legal orders concerned.

Introduced by section 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).

Art. 165 VII. Foreign decisions VII. Foreign decisions foreign decisions relating to a claim under the law of corporations are recognized in Switzerland: a. when they were made or that they are recognized in the State of the company's headquarters and that the defendant was not domiciled in Switzerland, forgotten the source. When they were made in the State of domicile or habitual residence of the defendant.

Foreign decisions on the claims related to the public issue of equity and loans through prospectus, circulars or other similar publications are recognized in Switzerland, when they were made in the State in which the public issue of equity or loans was made and that the defendant was not domiciled in Switzerland.

New content according to Chapter 4 of the annex to the Federal ACT of 3 October. 2003 on the merger, in effect since July 1. 2004 (RO 2004 2617; FF 2000 3995).

Chapter 11 bankruptcy and composition art. 166 I. recognition I. recognition a decision of foreign bankruptcy in the State of residence of the debtor is recognized in Switzerland at the request of the administration of the bankrupt or a creditor: a. If the decision is enforceable in the State where it was made; (b) if there is no ground for refusal within the meaning of art. 27, etc. if reciprocity is granted in the State where the decision has been made.

If the debtor has a branch in Switzerland, the procedure laid down in art. 50, al. 1, of the Federal law of April 11, 1889, on debt collection and bankruptcy is eligible until the moment where the scheme of collocation in the sense of art. 172 of this Act is final.

RS 281.1 art. 167 II. Procedure / 1. Jurisdiction II. Procedure 1. Jurisdiction the request for recognition of the judgment in bankruptcy made abroad is brought before the Court of the location of goods in Switzerland. Art. 29 shall apply by analogy.
If there are goods in several places, the court seized the first is alone competent.
The claims of the bankrupt debtor are considered based on the domicile of the debtor of the bankrupt.

Art. 168 II. Procedure / 2. Precautionary measures 2. Interim measures upon the filing of the request for recognition of the foreign bankruptcy decision, the Court may, at the request of the requesting party, order the precautionary measures to the art. 162 to 165 and 170 of the Federal law of April 11, 1889, on debt collection and bankruptcy.

RS 281.1 art. 169 II. Procedure / 3. Publication 3. The decision recognizing the bankruptcy pronounced abroad is published.
This decision is communicated to the office of prosecution and bankruptcies, the curator of the land register, to the person at the register of the location of goods trade, and, where appropriate, at the federal Institute of intellectual property. It is similarly the closure and suspension of bankruptcy as well as revocation of bankruptcy proceedings.

New name according to ACF on Dec. 19. 1997 (unpublished).

Art. 170 III. Legal effects / 1. In general III. Legal effects 1. In general for the assets of the debtor located in Switzerland, the recognition of the decision of bankruptcy rendered abroad has the effect of bankruptcy unless otherwise stipulated by this Act, such them under Swiss law.
The deadlines set by the Swiss law begin to run upon publication of the decision of recognition.
There is no meeting of creditors or supervisory committees.

Art. 171 III. Legal effects / 2. Revocation action 2. Revocation action the revocation action is governed by arts. 285 to 292 of the Federal law of April 11, 1889, on debt collection and bankruptcy. It can also be brought by the administration of the foreign bankruptcy or by one of the creditors who have a right to.

RS 281.1 art. 172 III. Legal effects / 3. Collocation 3. Collocation alone are admitted to the scheme of collocation: a. creditors were designated to art. 219 of the Federal law of April 11, 1889, on debt collection and bankruptcy etb. non-gagistes preferred creditors who have their domicile in Switzerland.

Only the creditors mentioned in para. 1 may bring the action contesting the scheme of collocation under art. 250 of the Federal law of April 11, 1889, on debt collection and bankruptcy.
When a creditor has already been partially disinterested in a foreign proceeding related to the bankruptcy, the amount he got is charged after deduction of costs incurred, on the dividend that deserves it in the Swiss procedure.

RS 281.1 new content according to section 22 of the annex to the LF of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 173 III. Legal effects / 4. Distribution / a. recognition of the State of foreign collocation 4. Distribution a. foreign recognition of the State of collocation after distribution of funds within the meaning of art. 172, al. 1, a balance is given to the mass in foreign bankruptcy or to those creditors who are entitled.
This balance cannot be released until after recognition of a foreign State of collocation.
The competent Swiss Court for recognition of the foreign bankruptcy decision is also for the recognition of the foreign State of collocation. It particularly examines whether creditors domiciled in Switzerland were fairly admitted to the foreign State of collocation. The affected creditors agreed.

Art. III 174. Legal effects / 4. Distribution / b. Non-recognition of the foreign State of collocation b. Non-recognition of the State of foreign when collocation the collocation foreign cannot be recognized, the balance is divided among the creditors of the third class, according to art. 219, al. 4, of the Federal law of April 11, 1889, on debt collection and bankruptcy, if they are domiciled in Switzerland.
This also applies when the scheme of collocation is not filed for the purposes of recognition within the deadline set by the judge.

New class according to section 22 of the annex to the LF of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).
RS 281.1 art. 175 IV. Concordat and similar proceedings. Recognition IV. Concordat and similar proceedings. Recognition a concordat or a similar procedure approved by a foreign jurisdiction is recognized in Switzerland. The art. 166 to 170 shall apply by analogy. Creditors domiciled in Switzerland are heard.

Chapter 12 arbitration international art. 176 I. field of application; seat of the Court of referees I. scope of application; seat of the arbitral tribunal the provisions of this chapter apply to any arbitration if the arbitral tribunal is headquartered in Switzerland and if at least one of the parties had, at the time of the conclusion of the arbitration agreement, his domicile or habitual residence in Switzerland.
By an express statement in the arbitration agreement or in a subsequent agreement, the parties may exclude the application of this chapter and to agree on the application of the third part of the CPC.
The parties involved or the arbitration institution designated by them or, failing that, arbitrators determine the seat of the arbitral tribunal.

RS 272 new content according to ch. II 18 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 177 II. Arbitrability II. Arbitrability cause patrimonial in nature may be subject to arbitration.
If a party to the arbitration agreement is a State, a company dominated organization controlled by him, this part cannot invoke its own law to challenge the arbitrability of a dispute or its capacity to be a party to an arbitration.

Art. 178 III. III arbitration agreement. Arbitration agreement

As to the form, the arbitration agreement is valid if it is in writing, telegram, telex, fax or any other means of communication which allows to prove by a text.
When inside, it is valid if it meets the conditions posed by the law chosen by the parties or the law governing the issue and particularly the law applicable to the main contract, or Swiss law.
The validity of an arbitration agreement cannot be challenged on the ground that the main contract is not valid or that the arbitration agreement would concern a dispute not yet born.

Art. 179 IV. Arbitral tribunal / 1. Constitution IV. Arbitral tribunal 1. Constitution arbitrators are appointed, revoked or replaced in accordance with the agreement between the parties.
If such convention, the seat of the arbitral tribunal judge can be entered; it apply by analogy the provisions of the CPC on the appointment, removal or replacement of arbitrators.
When a judge is required to appoint an arbitrator, it gives the request of appointment addressed to it, unless a cursory look shows that there is no arbitration agreement between the parties.

RS 272 new content according to ch. II 18 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 180 IV. Arbitral tribunal / 2. Challenge of arbitrators 2. Challenge of arbitrators an arbitrator may be recused: a. when it does not meet the qualifications agreed upon by the parties; b. When is cause for disqualification provided for in the rules adopted by the parties, ouc. When the circumstances allow to doubt legitimate independence.

A party may challenge an arbitrator that she has appointed or she helped appoint for a cause which she was aware after the appointment. The arbitral tribunal and the other party shall be informed without delay of the cause for disqualification.
In case of dispute and if the parties have not solved the challenge procedure, the competent judge of the seat of the arbitral tribunal itself decides.

Art. 181 V. lis pendens V. pending the arbitration is pending from the moment where one party seizes the arbitrators designated in the arbitration agreement or, failing such a designation, as soon as one of the parties shall initiate the procedure of constitution of the arbitral tribunal.

Art. 182 VI. Procedure / 1. Principle VI. Procedure 1. Principle the parties may, directly or by reference to an arbitration rules, set the arbitral proceedings; they can also submit it to the law of procedure of their choice.
If the parties have not solved the procedure, it will be, if necessary, fixed by the arbitral tribunal, either directly or by reference to a law or arbitration rules.
Whatever the procedure chosen, the arbitral tribunal must ensure equality between the parties and their right to be heard in adversarial proceedings.

Art. 183 VI. Procedure / 2. Interim measures and precautionary measures 2. Interim measures and precautionary measures unless otherwise agreed, the arbitral tribunal may order interim measures or provisional measures at the request of a party.
If the party concerned does not voluntarily submit, the arbitral tribunal may require the assistance of the competent judge. It applies its own law.
The arbitral tribunal or the Court may condition the interim measures or provisional measures were required to order the provision of appropriate security.

Art. 184 VI. Procedure / 3. Taking of evidence 3. Of evidence the arbitral tribunal conducts himself in the taking of evidence.
If assistance from the judicial authorities of the State is necessary for the administration of the evidence, the arbitral tribunal, or parts of agreement with him, may require the competition of the judge of the seat of the arbitral tribunal; This judge applies its own law.

Art. 185 VI. Procedure / 4. Other cases of the contest judge 4. Other cases of the contest of the judge if the assistance of the judicial authority is necessary in other cases, it will require the competition of the judge of the seat of the arbitral tribunal.

Art. 186 VII. VII jurisdiction. Jurisdiction of the arbitral tribunal shall decide on its own jurisdiction.
It shall decide on its jurisdiction regardless of action having the same object already pending between the same parties in another State or arbitral court, except if serious reasons order to suspend the proceedings.
The exception of incompetence must be raised prior to any defence on the merits.
In general, the arbitral tribunal shall decide on its jurisdiction by an interim decision.

Introduced by chapter I of the Federal ACT of 6 October. 2006 (arbitration. Jurisdiction), in force since March 1, 2007 (RO 2007 387; FF 2006 4469 4481).

Art. 187 VIII. Decision on the merits / 1. Law VIII. Decision background 1. Law applicable the arbitral tribunal shall decide according to the rules of law chosen by the parties, or absence of choice, according to the rules of law with which the cause has the closest links.
The parties may authorize the arbitral tribunal to rule in equity.

Art. 188 VIII. Decision on the merits / 2. Partial award 2. Partial sentence unless otherwise agreed, the arbitral tribunal may make partial sentences.

Art. 189 VIII. Decision on the merits / 3. Award 3. Arbitral award the arbitral award is made in the procedure and in the form agreed by the parties.
Failing such an agreement, the award is made by the majority or, failing a majority, by the Chairman alone. It is written, reasoned, dated, and signed. The signature of the president is sufficient.

Art. 190 IX. Finality. Use / 1. Principle IX. Finality. Remedies 1. Principle the sentence is final as soon as its communication.
It cannot be contested that: a. when improperly designated the sole arbitrator or the arbitral tribunal improperly composed; b. when the arbitral tribunal was competent or incompetent; c. when the arbitral tribunal ruled beyond the applications before him or when he failed to comment on one of the leaders in demand; d. when the equality of the parties or their right to be heard in adversarial proceedings has not been respected; e. when the sentence is incompatible with public order.

If the incidental decision, only the appeal for the reasons set out in para. 2, let. a and b, is open. the short time after the communication of the decision.

Art. 191IX. finality. Use / 2. Appeal authority 2. Appeal authority appeal is open before the federal court. The procedure is governed by art. 77 of the Act of 17 June 2005 on the federal court.

New content according to section 8 of the schedule to the Federal ACT of 17 June 2005 on the federal court, in effect since Jan. 1. 2007 (RO 2006 1205; FF 2001-4000).
RS 173.110 art. 192. X in waiver of X. waiver of liability if two parts have neither domicile, habitual residence or establishment in Switzerland, they may, by an express statement in the arbitration agreement or a subsequent agreement, exclude any recourse against the decisions of the arbitral tribunal; they can also not exclude the recourse to one or other of the grounds set out in art. 190, al. 2. when the parties have ruled out any appeal against the sentences and that these must be performed in Switzerland, the convention of New York of June 10, 1958, for the recognition and enforcement of foreign arbitral awards applies by analogy.

SR 0.277.12 art. 193 XI. Deposit and certificate of enforceability XI. Deposit and certificate of enforceability each party may file, at its own expense, an expedition of the award with the Swiss Court of the seat of the arbitral tribunal.
The Swiss court certifies, at the request of a party, that the sentence is enforceable.
At the request of a party, the arbitral tribunal shall certify that the award was made in accordance with the provisions of this Act; such a certificate is worth filing.

Art. 194 XII. Foreign arbitral XII. Foreign arbitral awards the recognition and enforcement of foreign arbitral awards are governed by the convention of New York of June 10, 1958, for the recognition and enforcement of foreign arbitral awards.

RS 0.277.12 chapter 13 provisions finals Section 1 repeal and amendment of law art. 195. the repeals and amendments to the law in force are annexed; It is an integral part of this Act.

Section 2 provisions transitional art. 196 I. Non - retroactivity I. Non - retroactivity the facts or legal acts that have originated and produced all their effects before the entry into force of this Act are governed by the old law.
Legal acts or facts which arose before the entry into force of this Act, but who continue to produce legal effects, are governed by the old law for the period prior to that date. They are, as their effects, by the new law for the period after.

Art. 197 II. Transitional law / 1. Jurisdiction II. Law transitional 1. Jurisdiction the judicial authorities or administrative entered action Swiss and queries before the entry into force of this Act him remain, even though their jurisdiction is no longer established by this law.

The actions or requests rejected for lack of jurisdiction, by judicial or administrative Swiss authorities before the entry into force of this Act, may again be introduced after its entry into force, if the jurisdiction of a Swiss authority is now established by the new law and the contentious claim can still be invoked.

Art. 198 II. Transitional law / 2. Law applicable 2. Applicable law this law determines the law applicable to actions and applications which are pending at first instance on the date of its entry into force.

Art. 199 II. Transitional law / 3. Recognition and enforcement 3. Recognition and enforcement queries in recognition or enforcement of a foreign judgment which were pending at the entry into force of this Act are governed by it regarding the conditions for recognition and enforcement.

Section 3 Referendum and entry into force art. 200. this Act is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Annex 1 repeal and amendment of existing law I. repeal of the law in force are repealed upon entry into force of this Act: a. the Federal law of June 25, 1891, on the reports of civil law of the established citizens or stay; b. art. 418b, al. 2, of the code of obligations; (c) art. 14 final provisions transitional code of obligations; d. art. 85 of the Federal law of December 19, 1958 on road traffic; (e) art. 30 of the Federal law of September 26, 1890, concerning the protection of brands of factory and trade, indications of provenance and mentions of industrial awards; f. art. 14, al. 3, of the Federal law of March 30, 1900 on industrial designs; g. art. 41, al. 2, of the Federal Act of 20 March 1975 on the protection of new varieties of plants.

II. amendments to the law in force...

Formerly annex.
[RS 2 727; RO 1972 2873 ch. II 1, 1977 237 ch. II 1, 122 1986 ch. II-1] 220 220 741.01 RS RS RS [RS 2 837; RO 1951 906 art. 1, 1971 1617, 1992 288 Annex No. 8. RO 1993 274 art. [74] [RS 2 866; RO 1956 861 art. 1, 1962 479, 1988 1776 Annex No. 1 let. f, 1992 288 annex c. 9, 1995 1784 5050 appendix c. 3. [RO 2002 1456 annex I c.] RS 232.16. mod can be found at the RO 1988 1776.

State on July 1, 2014 annex 2 of the Hague Convention on the law applicable to certain rights in securities held with an intermediary concluded at the Hague on 5 July 2006, approved by the Federal Assembly on October 3, 2008, Instrument of ratification deposited by the Switzerland on September 14, 2009, applied unilaterally by the Switzerland since January 1, 2010 chapter I Definitions and scope of application art. 1 definitions and interpretation in this agreement: a) "securities" means any stocks, bonds or other financial instruments or financial assets (other than cash), or straight on these securities; b) "securities account" means an account held by an intermediary on which securities may be credited or which securities can be debited; c) ' intermediary' means any person who ((, in the context of his professional activity as usual, keeps accounts of securities for others or for others than for their own account, or acts in this capacity; d) "account holder" means the person in whose name an intermediary account securities; e) "account agreement" means, for a securities account, the agreement with the relevant intermediary governing that securities account; f) "securities held with an intermediary" means the rights of a holder account resulting from the credit of securities to a securities account; g) "relevant intermediary" means the intermediary that holds the securities for the account holder account; h) "transfer" means any transfer of ownership, outright or as security, as well as any creation of security, with or without dispossession; i) "opposability" refers to the performance of any formality needed to ensure the full effect of a transfer to any person who is not a party to this transfer; j) «» establishment' means, in relation to an intermediary, a place of work where one of the activities of the intermediary is carried on, excluding a place intended for purely temporary exercise of professional activities and a place of business of any person other than the intermediary; k) "insolvency proceedings" means collective judicial or administrative proceedings, including interim proceedings, in which the assets and operations of the debtor are subject to control or supervision by a court or other competent authority to the (purpose of reorganization or liquidation; l) "insolvency administrator" means a person who is authorized to administer a procedure recovery or liquidation, even on an interim basis, and includes a debtor not functus officio if permitted by the applicable insolvency law; m) "Multi-unit State" means a State in which two or several units of this State or that State and one or more of its territorial units have their own rules of law to relating to the matters referred to in art. 2 (1); n) "writing" means an information (including that transmitted by telecommunication) who shows up on a physical medium or in another form of support, which can later be reproduced in a material medium.

Any reference in this agreement to a transfer of securities held with an intermediary shall include: a) having as object a transfer account securities; b) transfer in favour of the account holder's intermediary; c) a legal privilege for the intermediary to the account holder on any claim born in relation to the holding and operating a securities account.

A person is not considered as an intermediary within the meaning of this agreement for any reason: has) it acts as an agent of register or transfer of an issuer of securities; or (b) it holds in its own books of Scripture dealing with securities registered in the securities account held by an intermediary on behalf of others for which it acts as the Manager, agent or otherwise in a purely administrative quality.

Subject of the by. (5), a person is considered, within the meaning of this Convention, as an intermediary for registered securities in the securities account she holds as a central securities depository or which are otherwise transferable by way of registration between securities accounts she holds.
For registered securities account securities held by a person as an operator of a system for the holding and transfer of such securities on the books of the issuer or other books that are registering primary rights to these securities to the issuer, the Contracting State whose law governs the creation of such securities may, at any time, make a statement so that the person who operates the system is not considered to be intermediate in the sense of This Convention.

Art. 2 material of the Convention field of application and applicable law this Convention determines the law applicable to the following questions regarding securities held with an intermediary: a) the legal nature and effects against the intermediary and third parties of the rights resulting from a credit of securities to a securities account; b) the legal nature and effects against the intermediary and third parties of a transfer of securities held with an intermediary; c) them possible conditions for opposability of a transfer of securities held with an intermediary; d) if the right of a person on securities held with an intermediary has the effect of extinguishing or primer to the right of another person; e) the possible obligations of an intermediary to one person other than the account holder who claims rights on securities held with the intermediary against the holder of account or another person; f) any terms of realization an interest in securities held with an intermediary; g) if the transfer of securities held with an intermediary extends rights to dividends, income or other distributions, or repayments, proceeds from sale or any other products.

This Convention determines the law applicable to the issues mentioned in the by. (1) on a transfer of securities or an interest in securities held with an intermediary, even if rights resulting from a credit of securities to a securities account are determined, according to the by. (1) (a) as being of a contractual nature.
Subject of the by. (((2) this Convention does not determine the applicable law: a) to rights and obligations arising from the credit of securities to a securities account, insofar as those rights and obligations are purely contractual or otherwise purely personal; b) to rights and obligations, contractual or personal to the parties to a transfer of securities held with an intermediary; etc) to the rights and obligations of an issuer of securities or an agent to register or transfer of such issuer, whether for the holder of rights in securities or any other person.

Art. 3 international character of a situation


This Convention applies to all situations involving a conflict between the laws of different States.

Chapter II law applicable art. 4 main connecting the law applicable to all the issues mentioned in art. 2 (1) is the legislation in force of the State agreed expressly in the agreement as it or, if the account agreement expressly designates other legislation applicable to all these issues, that other law. The law designated in accordance with this provision applies only if the relevant intermediary has, at the time of the conclusion of the convention, an establishment in that State, that: has) either alone or with other institutions of the relevant intermediary or other persons acting for the relevant intermediary, in this State or in another State: i) performs or monitors entries in securities accounts ((, ii) manages payments or securities related to securities held with the intermediary, or III) is otherwise engaged in business or other regular activity of maintaining securities accounts; or (b) is identified as maintaining securities accounts in this state using an account number, bank code or another mode of specific identification.

For the purposes of the by. (1) ((((a), an establishment does not, professional or other regular, an activity of maintaining securities accounts: has) on the sole ground that data or accounting of securities accounts processing facilities are located; b) on the sole ground that call centers to communicate with account holders are located or exploited; c) on the sole ground that the mail relating to securities accounts is organized or as files or Archives are there; or qued) when this business exclusively performs functions of representation or administrative, other than those relating to the opening or maintaining securities accounts, and it doesn't have the authority to enter an account agreement.

En_cas_d' a transfer of securities held by a holder of account with an intermediary made in favour of the latter, whether or not he takes in his books its own account, for the purposes of this Convention: a) the intermediary is the relevant intermediary; b) the agreement between the account holder and this intermediary is the relevant convention; c) securities account referred to in art. 5 (2) and (3) is the account to which the securities are credited immediately before the transfer.

Art. 5 attachments subsidiary if the applicable law is not determined under art. 4, but that it is expressly and unambiguously to an account agreement written that it was reached via a particular institution of the relevant intermediary, the law applicable to all the issues mentioned in art. 2 (1), is the law in force in the State, or the territorial unit of a multi-unit State, in which this property was then located, if it fulfil the condition specified in the second sentence of art. 4 (1). Order to determine if it is expressly and unambiguously to an account agreement that it was reached via a particular relevant intermediary institution, the following may not be taken into account: a) a clause stating that a deed or other document can or must be notified to the relevant hotel intermediary; b) a clause stating that the relevant intermediary may or must be sued in a particular State or a particular territorial unit of a multi-unit State; c) a clause stating that a statement of account or other document may or must be provided by the relevant intermediary Hotel; d) a clause stating that a service can or should be provided through the relevant hotel; e) a clause stipulating that an operation or function can or should be accomplished through the relevant hotel.

If the applicable law is not determined by virtue of the by. (1) this law is the law in force in the State, or the territorial unit of a State to several units, including the law governs the constitution or, failing that, the Organization of intermediary relevant at the time of the conclusion of the account agreement written, or in the absence of such agreement, at the time of the opening of securities account; However, if the relevant intermediary is constituted or otherwise organized under the law of a State, several units, but not under the law of a territorial unit of that State the applicable law is the law in force in the territorial unit of that State to several units in which it operates, and in the absence of a unique place the law of the territorial unit in which his principal place of business, at the time of the agreement of written account, or in the absence of such agreement, at the time of the opening of securities account is located.
If the applicable law is determined not by virtue of the by. (1) or by virtue of the by. (2), this Act is the law in force in the State, or the territorial unit of a multi-unit State, in which the relevant intermediary exercises its activity and, in the absence of a unique place, the State, or the territorial unit of a multi-unit State, in which its principal place of business at the time of the Agreement written account, or in the absence of such a convention is located , at the time of the opening of securities account.

Art. 6 criteria excluded to determine the law applicable under this Convention, it may be taken into account of the following: a) the place of incorporation or, in default, organization or of the registered office of the issuer of the securities of its headquarters or its place or principal place of business; b) locations where are representative certificates or titles constituting the proof of the existence thereof; c) the place where is required by or on behalf of the issuer of the securities, a register of holders of securities; d) instead of any intermediary other than the relevant intermediary.

Art. 7 the rights protection in case of a change of applicable law this section applies when an account agreement is amended to change the law applicable under this Convention.
For the purposes of this article: a) the 'new law' means the law applicable under this Convention after the change; b) "the old law" means the law applicable under this Convention before the change.

Subject of the by. (4), the new law governs all issues referred to in art. 2 (1).
Except with respect to a person who has agreed to the change in the law, the old law remains applicable: a) to the existence of an interest in securities held with an intermediary was born before the change in the law as well as a transfer of such securities made effective against third parties before the change of law; b) in the case of an interest in securities held with an intermediary was born before the change of law ((: i) the legal nature and effects of such a right against the relevant intermediary and any person party to a transfer of those securities made before the change of the Act ii) the legal nature and effects of such a right in respect of a person who, after the change in the law, conducts a seizure on these securities (, iii) for the determination of all the issues mentioned in art. 2 (1) in respect of an insolvency administrator in open insolvency after the change of law;

(c) priority as between parties whose rights are born before the change of law.

The by. (4) (c) does not preclude the application of the new law regarding the priority of a right born under the old law but which was made effective against third parties under the new law.

Art. 8 insolvency notwithstanding the opening of insolvency proceedings, the law applicable under this Convention governs all issues referred to in art. 2 (1) in relation to any event occurred before the opening of this procedure.
This Convention shall not affect the application of any rule of substantive law or procedural insolvency, such as relative: has) to the rank of categories of receivables or the nullity of a transfer disregarding the rules on suspicious or made in fraud of creditors rights period; or (b) the exercise of rights as of the opening of insolvency proceedings.

Chapter III provisions general art. 9 general applicability of the Convention this Convention is applicable even if the law it designates is that of a non-Contracting State.

Art. 10 exclusion of the reference to the meaning of this Convention, the term 'law' means the law in force in a State other than its rules of conflict of laws.

Art. 11 public order and police law enforcement of the law determined under the Convention cannot be dismissed unless it leads to a result that is manifestly contrary to the public policy of the Forum.
This Convention does not affect the provisions of the law of the forum whose application is needed even to international situations, regardless of the law designated by the rules of conflict of laws.

The provisions of the law of the imposing Forum of the conditions for effectiveness or relating to priorities between competing rights cannot be applied under this section, unless the law of the Forum is the law applicable under this Convention.

Art. 12 determination of the law applicable in relation to a State to several units if the account holder and the relevant intermediary have agreed that the applicable law is the law of a territorial unit of a multi-unit State: has) the reference to "State" in the first sentence of art. 4 (1) is this territorial unit; b) references to "State" in the second sentence of art. 4 (1) are the State intended to several units concerned.

For the purposes of this Convention: a) the law in force in a territorial to a multi-unit State unit covers both the law of the territorial unit that, insofar as it is applicable in this territorial unit, the law of the relevant multi-unit State; b) if the law in force in a territorial to a multi-unit State unit refers to the law of another territory of the same State as the unit being the law governing third-party effectiveness as a public repository of public registration or public registration, the law governing this issue is the law of another territorial unit.

A multi-unit State may, at the time of signature, ratification, acceptance, approval or accession, make a declaration stating that if, under art. 5, the applicable law is the law of that multi-unit State or of one of its territorial units, the internal conflict rules in force in that State to several units will determine if these are the rules of law of that multi-unit State or of a specific territorial unit of that multi-unit State that apply. A multi-unit State that makes such a statement should communicate information about the content of these internal rules of conflict to the Permanent Bureau of the Hague Conference on international law private.
A multi-unit State may, at any time, make a statement specifying that if the law applicable under art. 4 is the Act of one of its territorial units, the law of the territorial unit applies only if the relevant intermediary has a place in this territorial unit which satisfies the condition provided for in the second sentence of art 4 (1). Such a statement has no effect on a transfer made before the declaration takes effect.

Art. 13 uniform interpretation in the interpretation of this agreement, account will be taken of its international character and the need to promote uniformity in its application.

Art. 14 review of the practical operation of the Convention the Secretary general of the Hague Conference on international private periodically convene a Special Commission to review the practical operation of this Convention and the opportunity to make changes to it.

Chapter IV provisions transitional art. 15 priority between rights born before and after the entry into force of the Convention in a Contracting State, the law applicable under this Convention determines if the right one on securities held with an intermediary acquired after the entry into force of this Convention for that State, has the effect of extinguishing or primer to the right of another person acquired before the entry into force of this Convention for that State.

Art. 16 entered into account agreements and securities accounts opened before the entry into force of the Convention any reference in this Convention to an account agreement also seeks an account agreement entered into before the entry into force of this Convention in accordance with art. 19 (1). Any reference in this agreement to a securities account also seeks a securities account opened before the entry into force of this Convention in accordance with art. 19 (1).
Unless an account agreement contains an express reference to this Convention, the courts of a Contracting State will apply the by. (3) and (4) for the purposes of the application of art. 4 (1) to account agreements concluded before the entry into force of this Convention in that State in accordance with art. 19. a Contracting State may, at the time of the signature, ratification, acceptance, approval or accession, make a declaration that its courts will not apply such paragraphs to account agreements entered into after the entry into force of this Convention in accordance with art. 19 (1), but concluded before the entry into force of this Convention in that State in accordance with art. 19 (2). If the Contracting State is a State with several territorial units, it can make such a statement for one of its territorial units.
Any express provision in an account agreement which would lead under the rules of the State whose law governs this agreement, to apply the law in force in a State, or a territorial unit of a State to several units to any matter referred to in art. 2 (1), will have the effect that this Act governs all issues referred to in art. 2 (1), if the relevant intermediary had, at the conclusion of the convention, an institution in this State meets the condition laid down in the second sentence of art. 4 (1). A Contracting State may, at the time of signature, ratification, acceptance, approval or accession, make a declaration that its courts will not apply this paragraph to account agreements referred to in this paragraph and in which the parties have expressly agreed that the securities account is maintained in another State. If the Contracting State is a State with several territorial units, it can make such a statement for one of its territorial units.
When the parties to a convention of account, other than those referred to the by. (3), agreed that the securities account would be maintained in a State or a territorial unit of a multi-unit State, the law in force in that State or territorial unit applies to all issues referred to in art. 2 (1), if the relevant intermediary had, at the conclusion of the convention, an institution in this State meets the condition laid down in the second sentence of art. 4 (1). Such an agreement may be express or result implicitly from the provisions of the contract as a whole or to external circumstances.

Chapter V provisions final art. 17 signature, Ratification, acceptance, approval or accession this Convention is open for signature by all States.
This Convention is subject to ratification, acceptance or approval of the signatories.
A State which does not sign this Convention may accede at any time.
The instruments of ratification, acceptance, approval or accession shall be deposited with the Department of business foreign of the Kingdom of Netherlands, depositary of the present Convention.

Art. 18 regional economic integration organizations a regional organization of economic integration constituted by sovereign States and has competence over certain matters governed by this Convention may also sign, accept and approve this agreement or accede. In such cases, the regional economic integration organization will have the same rights and obligations that a State contractor, insofar as this organization has competence over matters governed by this Convention. When the number of Contracting States is relevant in this Convention, the regional economic integration organization is not counted as a Contracting State in addition to its Member States which are Contracting States.
At the time of the signature, acceptance, approval or accession, the regional economic integration organization notifies the depositary in writing materials governed by the present Convention to which its Member States have delegated their competence to this organization. The regional economic integration organization shall notify without delay to the depositary, in writing, any change in the delegation of jurisdiction specified in the notification under this paragraph, as well as any new authorization.
Any reference to "Contracting State" or "Contracting States" in the present Convention applies also to a regional economic integration organization, when the context requires it that way.

Art. 19 entry into force this Convention will enter into force the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance, approval or accession provided for in art. 17. Subsequently, this Convention will come into force:

(a) for each State or regional organization of economic integration within the meaning of art. 18 ratifying, accepting, approving or acceding to it after the first day of the month following the expiration of a period of three months after the deposit of its instrument of ratification, acceptance, approval or accession; b) for the territorial units to which this Convention has been extended in accordance with art. 20 (1), the first day of the month following the expiration of a period of three months after the notification of the declaration referred to in that article.

Art. 20 multi-unit States a multi-unit State may, at the time of the signature, ratification, acceptance, approval or accession, make a declaration to the effect that the Convention will apply to all its territorial units or in one or several of them only.
These declarations shall state expressly the territorial units to which this Convention applies.
If a State makes no declaration in virtue of the by. (1), this Convention will apply to the whole of the territory of that State.

Art. 21 reservations no reservations to this Convention is permitted.

Art. 22 statements for the purposes of art. 1 (5), 12 (3) and (4), 16 (2) and (3), and 20: has) any declaration must be notified in writing to the custodian; b) any Contracting State may at any time amend a return by making a new statement; c) any Contracting State may withdraw a declaration at any time; d) any statement made at the time of the signature, ratification acceptance, approval or accession shall take effect simultaneously with the entry into force of the Convention for the State concerned; any declaration made at a subsequent time and any new declaration will take effect on the first day of the month following the expiration of a period of three months after the date of the notification by the depositary in accordance with art. 24; e) a withdrawal of a declaration will take effect on the first day of the month following the expiration of a period of six months after the date of the notification by the depositary in accordance with art. 24 art. 23 denunciation any Contracting State may denounce this Convention by notification in writing to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies.
The denunciation shall take effect on the first day of the month following the expiration of a period of twelve months after the date of receipt of the notification by the depositary. When a longer period for the taking into effect of the denunciation is specified in the notification, the denunciation shall take effect on the expiry of the period in question after the date of receipt of the notification by the depositary.

Art. 24 notifications by the depositary the depositary shall notify the members of the Hague Conference on private international law, as well as other States and the regional economic integration organizations which have signed, ratified, accepted, approved or acceded in accordance with art. 17 and 18, the following information: a) signatures and ratifications, acceptances, approvals and accessions under art. 17 and 18; b) the date of entry into force of this Convention in accordance with art. 19; c) declarations and withdrawals of declarations provided for in art. 22; d) the notifications provided for in art. 18 (2); e) the denunciations provided for in art. 23. in faith of what, the undersigned, duly authorized, have signed this Convention.
Done at the Hague, July 5, 2006, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of Netherlands, and of which a certified copy shall be given, through diplomatic channels, to each of the Member States of the Hague Conference of private international at its nineteenth session as well as to any State who participated in this Session.

2011 1771 RO; FF 2006 8817 RO 2009 6579 RO 1988 1776 this competence is based on art. 54, al. 1, the CSE of 18 April 1999 (RS 101).
[RS 1-3]. At the disp. mentioned is currently the art. 122 of the CSE of 18 April 1999 (RS 101).
FF 1983 I 255 new content according to Chapter 1 of the annex to the Federal ACT of 8 October. 1999 on posted workers, in force since June 1, 2004 (RO 2003 1370; FF 1999 5440).
Introduced by section 17 of the annex to the Federal ACT of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
New content according to section 13 of the schedule to the Federal ACT of 19 Dec. 2008 (protection of the adult, right people and right of parentage), in force since Jan. 1. 2013 (2011 725 RO; FF 2006 6635).
Introduced by art. the AF from 3 oct 2. 2008 on the approval and implementation of the Conv. in the Hague on the law applicable to certain rights in securities held with an intermediary, in force since Jan. 1. 2010 (2009 6579 RO; FF 2006 8817).
Introduced by art. 2 FY Dec. 20. 2006 establishing the approval and implementation of the Conv. Hague on the law applicable to the trust and recognition, in effect since July 1. 2007 (2007 2849 RO; FF 2006 561).
ACF of 27 October. 1988 State July 1, 2014

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