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Art. 10 – Interim measures

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Art. 1014

Jurisdiction to order interim measures lies with:

a.

the Swiss courts or authorities that have jurisdiction for the main action; or

b.

the Swiss courts or authorities at the place where the measure is to be enforced.

  1. 14 Amended by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Legal act context
SR 291 · PILA · Federal act · Federal Act on Private International Law (PILA)
Structure path
Chapter 1 General Provisions Section 2 Jurisdiction XII. Interim measures
Language
English (en)
Data status
2026-01-01

Available language versions

Deutschde Françaisfr Italianoit Englishen

The official sources and versions published by the competent authorities remain authoritative.

Contents of this enactment

Document textGeneral document text1ArticlesRegular articles in this version245AnnexesAnnexes and attachments in this version1
Document text1
Articles245
1Chapter 1 General Provisions
2Section 1 Scope of Application
Art. 1Art. 1 1 This Act governs, in international matters: a. the jurisdiction of Swiss judicial or administrative authorities; b. the applicable law; c. the requirements for the recognition and enforcement of foreign decisio… Direct link
2Section 2 Jurisdiction
3I. In general
Art. 2Art. 2 Where this Act does not provide for special jurisdiction, the Swiss judicial or administrative authorities at the defendant’s domicile have jurisdiction. Direct link
3II. Jurisdiction by necessity
Art. 3Art. 3 Where this Act does not provide for jurisdiction in Switzerland and proceedings abroad are impossible or cannot reasonably be required, the Swiss judicial or administrative authorities at the place with which the… Direct link
3III. Validation of attachments
Art. 4Art. 4 Where this Act does not provide for any other forum in Switzerland, the action to validate an attachment may be brought at the Swiss forum of the attachment. Direct link
3IV. Choice of forum
Art. 5Art. 5 1 In matters involving an economic interest, the parties may agree on the court that will have to decide any existing or future dispute arising from a specific legal relationship. The agreement may be done in wri… Direct link
3V. Implied consent
Art. 6Art. 6 Amended by Annex No 1 of the FedD of 22 Dec. 2023 on the Adoption and Implementation of the Hague Convention on Choice of Court Agreements, in force since 1 Jan. 2025 (AS 2024 561; BBl 2023 1460). Amended by Anne… Direct link
3VI. Arbitration agreement
Art. 7Art. 7 If the parties have entered into an arbitration agreement with respect to an arbitrable dispute, any Swiss court before which such dispute is brought shall decline jurisdiction, unless: a. the defendant has proce… Direct link
3VII. Counterclaim
Art. 8Art. 8 The court before which the main claim is brought also hears any counterclaim, provided there is a factual connection between the main claim and the counterclaim. Direct link
3VIII. Co-defendants and plurality of actions
Art. 8aArt. 8a Inserted by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777). Inserted by Art. 3 No 3 of the FD of 11 Dec. 20… Direct link
3IX. Third party action
Art. 8bArt. 8b Inserted by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777). Inserted by Art. 3 No 3 of the FD of 11 Dec. 20… Direct link
3X. Civil claims
Art. 8cArt. 8c Inserted by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777). Inserted by Art. 3 No 3 of the FD of 11 Dec. 20… Direct link
3XI. Lis pendens
Art. 9Art. 9 1 If an action having the same subject matter is already pending between the same parties abroad, the Swiss court shall stay the case if it is to be expected that the foreign court will, within a reasonable time,… Direct link
3XII. Interim measures
Art. 10Art. 10 Amended by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Amended by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in forc… Current article Direct link
3XIII. Legal assistance
41. Principle
Art. 11Art. 11 Amended by the Annex to the FD of 20 Dec. 2024 on the Use of Electronic Means of Communication in Crossborder Civil Proceedings, in force since 1 Jan. 2026 (AS 2025 684; BBl 2024 792). Amended by the Annex to th… Direct link
42. Execution
Art. 11aArt. 11a Inserted by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, (AS 2010 1739; BBl 2006 7221). Inserted by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, (AS 2010 1739; BBl 2006 7221).… Direct link
43. Advance of costs and security for party costs
Art. 11bArt. 11b Inserted by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Amended by No II 3 of the FA of 17 March 2023 (Improving Practices and Law Enf… Direct link
44. Legal aid
Art. 11cArt. 11c Inserted by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Inserted by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in f… Direct link
Art. 12Art. 12 Repealed by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Repealed by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, wit… Direct link
2Section 3 Applicable Law
3I. Scope of conflict rules
Art. 13Art. 13 Reference to a foreign law in this Act includes all the provisions which under that law are applicable to the case. The application of a foreign law is not precluded by the mere fact that a provision is consider… Direct link
3II. Renvoi
Art. 14Art. 14 1 If the applicable law refers back to Swiss law or to another foreign law, such renvoi shall be taken into account only if this Act so provides. 2 In matters of personal or family status, a renvoi from the fore… Direct link
3III. Exception clause
Art. 15Art. 15 1 As an exception, the law referred to by this Act is not applicable if, considering all the circumstances, it is apparent that the case has only a very loose connection with that law and that the case has a muc… Direct link
3IV. Establishing foreign law
Art. 16Art. 16 1 The content of the foreign law shall be established by the authorities on their own motion. For this purpose, the cooperation of the parties may be requested. In matters involving an economic interest, the tas… Direct link
3V. Reservation of Swiss public policy
Art. 17Art. 17 The application of provisions of foreign law is excluded if such application leads to a result that is incompatible with Swiss public policy. Direct link
3VI. Application of mandatory provisions of Swiss law
Art. 18Art. 18 Mandatory provisions of Swiss law which, by reason of their special purpose, are applicable regardless of the law referred to by this Act are reserved. Direct link
3VII. Taking into consideration of mandatory provisions of foreign law
Art. 19Art. 19 1 If interests that are legitimate and clearly preponderant according to the Swiss conception of law so require, a mandatory provision of a law other than the one referred to by this Act may be taken into consid… Direct link
2Section 4 Domicile, Seat and Citizenship
3I. Domicile, habitual residence and establishment of a natural person
Art. 20Art. 20 1 Within the meaning of this Act, a natural person: a. has their domicile in the state where they reside with the intent of establishing permanent residence; b. has their habitual residence in the state where th… Direct link
3II. Seat and establishment of companies and trusts
Art. 21Art. 21 Amended by Art. 2 of the FD of 20 Dec. 2006 on the Approval and Implementation of the Hague Convention on the Law Applicable to Trusts and on their Recognition, in force since 1 July 2007 (AS 2007 2849; BBl 2006… Direct link
3III. Citizenship
Art. 22Art. 22 The citizenship of a natural person is determined according to the law of the state of the citizenship in question. Direct link
3IV. Multiple citizenships
Art. 23Art. 23 1 If a person has one or more foreign citizenships in addition to Swiss citizenship, jurisdiction based on citizenship is determined by reference to Swiss citizenship only. 2 If a person has more than one citize… Direct link
3V. Stateless persons and refugees
Art. 24Art. 24 1 A person is considered to be stateless when they are recognised as such pursuant to the New York Convention of 28 September 1954SR 0.142.40 Relating to the Status of Stateless Persons, or when such person’s re… Direct link
2Section 5 Recognition and Enforcement of Foreign Decisions
3I. Recognition
41. Principle
Art. 25Art. 25 A foreign decision is recognised in Switzerland: a. if the judicial or administrative authorities of the state where the decision was rendered had jurisdiction; b. if the decision is no longer subject to any ord… Direct link
42. Jurisdiction of foreign authorities
Art. 26Art. 26 Foreign authorities have jurisdiction: a. if jurisdiction derives from 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 render… Direct link
43. Grounds for non-recognition
Art. 27Art. 27 1 A foreign decision is not recognized in Switzerland if recognition is manifestly incompatible with Swiss public policy. 2 Recognition of a decision shall also be denied if a party establishes: a. that it did n… Direct link
3II. Enforceability
Art. 28Art. 28 A decision that is recognised pursuant to Articles 25 to 27 is declared enforceable at the request of the interested party. Direct link
3III. Procedure
Art. 29Art. 29 1 The request for recognition or enforcement must be filed with the competent authority of the canton where the foreign decision is relied on. The request must be accompanied: a. by a complete and certified copy… Direct link
3IV. Court-approved settlements
Art. 30Art. 30 Articles 25 to 29 apply to court-approved settlements that are deemed equivalent to a court decision in the state where they have been entered. Direct link
3V. Non-contentious matters
Art. 31Art. 31 Articles 25 to 29 apply by analogy to the recognition and enforcement of a decision or a legal document issued in non-contentious matters. Direct link
3VI. Entry in the civil status registers
Art. 32Art. 32 1 A foreign decision or legal document regarding civil status shall be registered in the Swiss civil status registers if so ordered by the cantonal supervisory authority. 2 The entry is authorised if the require… Direct link
1Chapter 2 Natural Persons
2I. In general
Art. 33Art. 33 1 Unless this Act provides otherwise, the Swiss judicial or administrative authorities of the domicile have jurisdiction over matters pertaining to the status of natural persons; these authorities shall apply th… Direct link
2II. Legal capacity
Art. 34Art. 34 1 Legal capacity is governed by Swiss law. 2 The beginning and the end of personality are governed by the law applicable to the legal relationship that presupposes legal capacity. Direct link
2III. Capacity to act
31. In general
Art. 35Art. 35 The capacity to act is governed by the law of the domicile. Once acquired, the capacity to act is not affected by a change of domicile. Direct link
32. Protection of transactions
Art. 36Art. 36 1 A party to a legal transaction who lacks capacity under the law of the state of their domicile may not rely on such incapacity if they would have had the capacity to act under the law of the state where the tr… Direct link
2IV. Name
31. In general
Art. 37Art. 37 1 The name of a person domiciled in Switzerland is governed by Swiss law. The name of a person domiciled abroad is governed by the law referred to by the rules of private international law of the state of domici… Direct link
32. Change of name
Art. 38Art. 38 1 The Swiss authorities at the domicile of the applicant have jurisdiction to hear an application for a change of name. 2 Swiss citizens who do not have a domicile in Switzerland may apply for a change of name t… Direct link
33. Change of name occurred abroad
Art. 39Art. 39 A change of name occurred abroad is recognised in Switzerland if it is valid in the state of domicile or in the state of citizenship of the applicant. Direct link
34. Entry in the civil status registers
Art. 40Art. 40 The name is entered in the Swiss civil status registers in accordance with Swiss registration principles. Direct link
2IVa. Gender
Art. 40aArt. 40a Inserted by No II of the FA of 18 Dec. 2020 (Sex Change in the Civil Register), in force since 1 Jan. 2022 (AS 2021 668; BBl 2020 799). Inserted by No II of the FA of 18 Dec. 2020 (Sex Change in the Civil Regis… Direct link
2V. Declaration of presumed death
31. Jurisdiction and applicable law
Art. 41Art. 41 1 The Swiss courts at the last known domicile of a missing person have jurisdiction to issue a declaration of presumed death. 2 The Swiss courts also have jurisdiction to issue a declaration of presumed death wh… Direct link
32. Declaration of presumed death and of death issued abroad
Art. 42Art. 42 A declaration of presumed death or of death issued abroad is recognized in Switzerland if it is issued in the state of the last known domicile or the state of citizenship of the missing person. Direct link
1Chapter 3 Marital Law
2Section 1 Solemnisation of Marriage
3I. Jurisdiction
Art. 43Art. 43 1 The Swiss authorities have jurisdiction to solemnise a marriage if one of the prospective spouses is domiciled in Switzerland or has Swiss citizenship. Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage… Direct link
3II. Applicable law
Art. 44Art. 44 Amended by No I 5 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185). Amended by No I 5 of the FA of 15 June 2012 on Measures against Forced… Direct link
3III. Marriage solemnised abroad
Art. 45Art. 45 1 A marriage validly solemnised abroad is recognised in Switzerland, subject to Article 45a. Amended by Annex No 4 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2… Direct link
3IV. Annulment of marriage
Art. 45aArt. 45a Inserted by No II 2 of the FA of 7 Oct. 1994 (AS 1995 1126; BBl 1993 I 1169). Amended by No I 5 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011… Direct link
2Section 2 General Effects of Marriage
3I. Jurisdiction
41. In general
Art. 46Art. 46 The Swiss judicial or administrative authorities at the domicile or, in the absence of a domicile, those at the habitual residence of either spouse have jurisdiction to hear actions or to order measures relating… Direct link
42. Jurisdiction at the place of origin
Art. 47Art. 47 If neither spouse has domicile or habitual residence in Switzerland, and if at least one of them is a Swiss citizen, the judicial or administrative authorities at the place of origin have jurisdiction to hear ac… Direct link
3II. Applicable law
41. In general
Art. 48Art. 48 1 The effects of marriage are governed by the law of the state in which the spouses are domiciled. 2 If the spouses are not domiciled in the same state, the effects of marriage are governed by the law of that st… Direct link
42. Maintenance obligations
Art. 49Art. 49 Maintenance obligations between spouses are governed by the Hague Convention of 2 October 1973SR 0.211.213.01 on the Law applicable to Maintenance Obligations. SR 0.211.213.01 Direct link
3III. Foreign decisions or measures
Art. 50Art. 50 Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in forc… Direct link
2Section 3 Marital Property Law
3I. Jurisdiction
Art. 51Art. 51 The following courts or authorities have jurisdiction to hear actions and to order measures relating to marital property: a. Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BB… Direct link
31. Choice of law
4a. In general
Art. 52Art. 52 1 Marital property relations are governed by the law chosen by the spouses. 2 The spouses may choose: a. the law of the state in which they are both domiciled or will be domiciled after the celebration of marria… Direct link
4b. Specific conditions
Art. 53Art. 53 1 A choice of law must be agreed in writing or result with certainty from the provisions of a marital agreement; in all other respects, it is governed by the chosen law. 2 A choice of law may be made or amended… Direct link
32. Absence of a choice of law
4a. In general
Art. 54Art. 54 1 In the absence of a choice of law, marital property relations are governed: a. by the law of the state in which both spouses are domiciled at the same time, or, if that is not the case; b. by the law of the st… Direct link
4b. Adaptation and retroactivity in case of change of domicile
Art. 55Art. 55 1 If the spouses transfer their domicile from one state to another, the law of the new domicile applies with retroactive effect as from the date of the celebration of marriage. Spouses may exclude retroactivity… Direct link
33. Form of marital agreements
Art. 56Art. 56 A marital agreement is valid as to form if it satisfies the requirements of the law applicable to the agreement or the requirements of the law of the place where the agreement was concluded. Direct link
34. Legal relationships with third parties
Art. 57Art. 57 1 The effects of the marital property regime on a legal relationship between a spouse and a third party are governed by the law of the state in which that spouse was domiciled at the time when the legal relation… Direct link
3III. Foreign decisions
Art. 58Art. 58 1 Foreign decisions relating to marital property relations are recognised in Switzerland: a. if they were rendered, or are recognised, in the state of domicile of the defendant spouse; b. if they were rendered,… Direct link
2Section 4 Divorce and Separation
3I. Jurisdiction
41. In general
Art. 59Art. 59 The following courts have jurisdiction to hear an action for divorce or separation: a. the Swiss courts at the domicile of the defendant spouse; b. the Swiss courts at the domicile of the plaintiff spouse, provi… Direct link
42. Jurisdiction at the place of origin
Art. 60Art. 60 If the spouses are not domiciled in Switzerland and at least one of them is a Swiss citizen, the courts at the place of origin have jurisdiction to hear an action for divorce or separation, provided the action c… Direct link
53. Jurisdiction at the place of celebration of marriage
Art. 60aArt. 60a Inserted by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Inserted by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in f… Direct link
3II. Applicable law
Art. 61Art. 61 Amended by Annex No 3 of the FA of 19 June 2015 (Equitable Pension Division on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). Amended by Annex No 3 of the FA of 19 June 2015 (Equitable Pensi… Direct link
3III. Interim measures
Art. 62Art. 62 1 A Swiss court before which an action for divorce or separation is pending has jurisdiction to order interim measures, except if such court clearly lacks jurisdiction to decide on the merits or if such lack of… Direct link
3IV. Subsequent effects
Art. 63Art. 63 1 Swiss courts that have jurisdiction to hear an action for divorce or separation also have jurisdiction to rule on the subsequent effects thereof. The provisions of this Act relating to the protection of minors… Direct link
3V. Supplementing or amending decisions
Art. 64Art. 64 1 Swiss courts have jurisdiction to hear an action to supplement or amend a decree of divorce or separation if they have issued such a decree or if they have jurisdiction pursuant to Articles 59, 60 or 60a. Amen… Direct link
3VI. Foreign decisions
Art. 65Art. 65 1 A foreign decree of divorce or separation is recognised in Switzerland if: a. it was issued in the state of domicile or habitual residence, or in the state of citizenship of either spouse; b. it is recognised… Direct link
1Chapter 3a Registered Partnership
2I. Application of Chapter 3
Art. 65aArt. 65a Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in for… Direct link
Art. 65bArt. 65b Repealed by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), with effect from 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Repealed by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), wi… Direct link
2II. Applicable law
Art. 65cArt. 65c Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in for… Direct link
Art. 65dArt. 65d Repealed by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), with effect from 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Repealed by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), wi… Direct link
1Chapter 4 Parent-Child Relationship
2Section 1 Parent-Child Relationship by Birth
3I. Jurisdiction
41. In general
Art. 66Art. 66 The Swiss courts at the child’s habitual residence or at either parent’s domicile have jurisdiction to hear an action to declare or contest a parent-child relationship. Direct link
42. Jurisdiction at the place of origin
Art. 67Art. 67 If the parents are not domiciled in Switzerland and the child does not have his or her habitual residence there, the courts at the Swiss place of origin of either parent have jurisdiction to hear an action to de… Direct link
3II. Applicable law
41. In general
Art. 68Art. 68 1 The formation, declaration and contesting of a parent-child relationship are governed by the law of the state of the child’s habitual residence. 2 However, if neither parent is domiciled in the state of the ch… Direct link
42. Relevant time
Art. 69Art. 69 1 For the determination of the law applicable to the formation, declaration or contesting of a parent-child relationship, the date of birth is decisive. 2 However, in case of a judicial declaration or contesting… Direct link
3III. Foreign decisions
Art. 70Art. 70 Foreign decisions relating to the declaration or contesting of a parent-child relationship are recognised in Switzerland if they were rendered in the state of the child’s habitual residence or in the child’s sta… Direct link
2Section 2 Acknowledgment
3I. Jurisdiction
Art. 71Art. 71 1 The Swiss authorities at the child’s place of birth or habitual residence, as well as those of the domicile or the place of origin of the mother or the father, have jurisdiction to receive the acknowledgment o… Direct link
3II. Applicable law
Art. 72Art. 72 1 An acknowledgment in Switzerland may be made in accordance with the law of the state of the child’s habitual residence, the law of the child’s state of citizenship, or the law of the domicile or of the state o… Direct link
3III. Acknowledgment made or challenged abroad
Art. 73Art. 73 1 The acknowledgment made abroad is recognised in Switzerland, if it is valid in the state of the child’s habitual residence, in the child’s state of citizenship, or in the state of domicile or the state of citi… Direct link
3IV. Legitimation
Art. 74Art. 74 Article 73 applies by analogy to the recognition of a foreign legitimation. Direct link
2Section 3 Adoption
3I. Jurisdiction
41. In general
Art. 75Art. 75 1 The Swiss judicial or administrative authorities at the domicile of the adopting person or adopting spouses have jurisdiction to pronounce the adoption. 2 Courts that have jurisdiction to hear actions to decla… Direct link
42. Jurisdiction at the place of origin
Art. 76Art. 76 The Swiss judicial or administrative authorities at the place of origin have jurisdiction to pronounce an adoption, if the adopting person or adopting spouses are not domiciled in Switzerland and at least one of… Direct link
3II. Applicable law
Art. 77Art. 77 1 The requirements for an adoption in Switzerland are governed by Swiss law. 2 Where it appears that an adoption would not be recognised in the state of domicile or the state of citizenship of the adopting perso… Direct link
3III. Adoptions and similar institutions of foreign law
Art. 78Art. 78 1 Adoptions pronounced abroad are recognised in Switzerland if they were pronounced in the state of domicile or the state of citizenship of the adopting person or adopting spouses. 2 Adoptions and similar acts p… Direct link
2Section 4 Effects of the Parent-Child Relationship
3I. Jurisdiction
41. In general
Art. 79Art. 79 1 Swiss courts at the child’s habitual residence or those of the domicile or, in the absence of a domicile, of the habitual residence of the respondent parent have jurisdiction to hear an action relating to the… Direct link
42. Jurisdiction at the place of origin
Art. 80Art. 80 If neither the child nor the respondent parent has their domicile or habitual residence in Switzerland and one of them is a Swiss citizen, the courts at the place of origin have jurisdiction. Direct link
43. Third-party claims
Art. 81Art. 81 The Swiss courts referred to in Articles 79 and 80 also have jurisdiction to hear: a. claims by authorities which have made advances for maintenance payments; b. claims of the mother for maintenance payments and… Direct link
3II. Applicable law
41. In general
Art. 82Art. 82 1 The relations between parents and child are governed by the law of the state of the child’s habitual residence. 2 However, if neither parent is domiciled in the state of the child’s habitual residence and if t… Direct link
42. Maintenance obligations
Art. 83Art. 83 1 Maintenance obligations between parents and child are governed by the Hague Convention of 2 October 1973SR 0.211.213.01 on the Law Applicable to Maintenance Obligations. SR 0.211.213.01 2 To the extent that th… Direct link
3III. Foreign decisions
Art. 84Art. 84 1 Foreign decisions relating to the relations between parents and child are recognised in Switzerland if they were rendered in the state of the child’s habitual residence or in the state of domicile or habitual… Direct link
1Chapter 5 Guardianship, Protection of Adults and Other Protective Measures
Art. 85Art. 85 Amended by Art. 15 of the FA of 21 Dec. 2007 on International Child Abduction and the Hague Conventions on the Protection of Children and Adults, in force since 1 July 2009 (AS 2009 3077; BBl 2007 2595). Amended… Direct link
1Chapter 6 Succession Law
2I. Jurisdiction
31. In general
Art. 86Art. 86 1 The Swiss judicial or administrative authorities at the last domicile of the deceased have jurisdiction to take the measures required to settle the estate and to hear disputes relating thereto. Amended by No I… Direct link
32. Jurisdiction at the place of origin
Art. 87Art. 87 1 If the deceased was a Swiss citizen domiciled abroad, the Swiss judicial or administrative authorities at the testator’s place of origin have jurisdiction for the estate to the extent that the authorities in t… Direct link
33. Jurisdiction at the location of assets
Art. 88Art. 88 1 If the deceased was a foreign citizen domiciled abroad, the Swiss judicial or administrative authorities at the location have jurisdiction to deal with those parts of the estate that are located in Switzerland… Direct link
43a. Lis pendens
Art. 88aArt. 88a Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Article… Direct link
43b. Exclusion of Swiss jurisdiction
Art. 88bArt. 88b Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). 1 Jurisd… Direct link
34. Conservatory measures
Art. 89Art. 89 Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). If the dece… Direct link
2II. Applicable law
31. Principle
Art. 90Art. 90 1 The estate of a person who had their last domicile in Switzerland is governed by Swiss law. 2 The estate of a person who had their last domicile abroad is governed by the law referred to by the private interna… Direct link
32. Choice of law
Art. 91Art. 91 Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). 1 A person… Direct link
2I. Jurisdiction
33. Scope of the law governing the estate and administration of the estate
Art. 92Art. 92 1 The law applicable to the estate determines what belongs to the estate, who is entitled thereto and to what extent, who is liable for the debts of the estate, which legal remedies may be relied on, and which m… Direct link
34. Form
Art. 93Art. 93 1 The validity of wills as to form is governed by the Hague Convention of 5 October 1961SR 0.211.312.1 on the Conflict of Laws Relating to the Form of Testamentary Dispositions. SR 0.211.312.1 2 This Convention… Direct link
45. Wills
Art. 94Art. 94 Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). 1 The subst… Direct link
46. Contracts of succession
Art. 95Art. 95 Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). 1 The subst… Direct link
47. Other contractual dispositions mortis causa
Art. 95aArt. 95a Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Article… Direct link
48. Definition of substantive effect
Art. 95bArt. 95b Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). 1 Substa… Direct link
2III. Foreign decisions, measures, documents and rights
Art. 96Art. 96 1 Foreign decisions, measures and documents relating to the estate, as well as rights deriving from an estate probated abroad are, subject to Article 87 paragraph 2, recognised in Switzerland: Amended by No I of… Direct link
1Chapter 7 Property Law
2I. Jurisdiction
31. Immovable property
Art. 97Art. 97 The courts at the place where immovable property in Switzerland is located have exclusive jurisdiction to hear actions relating to rights in rem in such property. Direct link
32. Movable property
Art. 98Art. 98 1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions relating to rights in rem in movable property. 2 The Swiss courts… Direct link
33. Cultural property
Art. 98aArt. 98a Inserted by Art. 32 No 3 of the Cultural Property Transfer Act of 20 June 2003, in force since 1 June 2005 (AS 2005 1869; BBl 2002 535). Inserted by Art. 32 No 3 of the Cultural Property Transfer Act of 20 June… Direct link
2II. Applicable law
31. Immovable property
Art. 99Art. 99 1 Rights in rem in immovable property are governed by the law of the place where the property is located. 2 Claims arising out of nuisances originating from immovable property are governed by the provisions of t… Direct link
22. Movable property
3a. In general
Art. 100Art. 100 1 The acquisition and loss of rights in rem in movable property are governed by the law of the place where the property is located at the time of the event from which the acquisition or loss is derived. 2 The s… Direct link
3b. Goods in transit
Art. 101Art. 101 The acquisition and loss, through legal transactions, of rights in rem in goods in transit are governed by the law of the state of destination. Direct link
3c. Goods arriving in Switzerland
Art. 102Art. 102 1 When movable property arrives in Switzerland and the acquisition or loss of a right in rem has not yet taken place abroad, the events that have occurred abroad are deemed to have occurred in Switzerland. 2 Wh… Direct link
3d. Reservation of ownership of goods intended for export
Art. 103Art. 103 The reservation of ownership of movable property intended for export is governed by the law of the state of destination. Direct link
3e. Choice of law
Art. 104Art. 104 1 Parties may submit the acquisition and loss of rights in rem in movable property to the law of the state of shipment or of destination, or to the law which governs the underlying legal transaction. 2 Such cho… Direct link
23. Special rules
3a. Pledging of claims, securities and other rights
Art. 105Art. 105 1 The pledging of claims, securities or other rights is governed by the law chosen by the parties. This choice of law cannot be asserted against third parties. 2 In the absence of a choice of law, the pledging… Direct link
3b. Documents of title and equivalent instruments
Art. 106Art. 106 Amended by No I 3 of the FA of 25 Sept. 2020 on the Adaptation of Federal Law to Developments in Distributed Ledger Technology, in force since 1 Feb. 2021 (AS 2021 33; BBl 2020 233). Amended by No I 3 of the FA… Direct link
3c. Means of transport
Art. 107Art. 107 The provisions in other acts relating to rights in rem in ships, aircraft or other means of transport are reserved. Direct link
2III. Foreign decisions
Art. 108Art. 108 1 Foreign decisions on rights in rem in immovable property are recognised in Switzerland if they were rendered in the state in which the property is located or if they are recognised in such state. 2 Foreign de… Direct link
1Chapter 7a Intermediated securities
2I. Definition
Art. 108aArt. 108a Amended by No I 3 of the FA of 25 Sept. 2020 on the Adaptation of Federal Law to Developments in Distributed Ledger Technology, in force since 1 Feb. 2021 (AS 2021 33; BBl 2020 233). Amended by No I 3 of the F… Direct link
2II. Jurisdiction
Art. 108bArt. 108b 1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions regarding intermediated securities. 2 Where actions regarding i… Direct link
2III. Applicable Law
Art. 108cArt. 108c The law applicable to intermediated securities is governed by the Hague Convention of 5 July 2006SR 0.221.556.1 on the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary. SR 0.… Direct link
2IV. Foreign decisions
Art. 108dArt. 108d Foreign decisions regarding intermediated securities are recognised in Switzerland: a. if they were rendered in the state of the defendant’s domicile or habitual residence; or b. if they were rendered in the s… Direct link
1Chapter 8 Intellectual Property
2I. Jurisdiction
Art. 109Art. 109 Amended by Annex No 5 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Amended by Annex No 5 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). 1… Direct link
2II. Applicable law
Art. 110Art. 110 1 Intellectual property rights are governed by the law of the state for which protection of the intellectual property is sought. 2 With respect to claims arising out of the infringement of intellectual property… Direct link
2III. Foreign decisions
Art. 111Art. 111 1 Foreign decisions relating to the infringement of intellectual property rights are recognised in Switzerland: a. if the decision was rendered in the state of the defendant’s domicile; or b. if the decision wa… Direct link
1Chapter 9 Law of Obligations
2Section 1 Contracts
3I. Jurisdiction
41. Domicile and establishment
Art. 112Art. 112 1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions arising out of a contract. 2 Moreover, the Swiss courts at the p… Direct link
42. Place of performance
Art. 113Art. 113 Amended by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777). Amended by Art. 3 No 3 of the FD of 11 Dec. 200… Direct link
43. Consumer contracts
Art. 114Art. 114 1 An action by a consumer relating to a contract which meets the requirements stated in Article 120 paragraph 1 may be brought at the consumer’s choice before the Swiss courts: a. at their domicile or habitual… Direct link
44. Employment contracts
Art. 115Art. 115 1 The Swiss courts at the defendant’s domicile or at the place where the employee habitually performs their work have jurisdiction to hear actions relating to an employment contract. 2 An action initiated by an… Direct link
31. In general
4a. Choice of law
Art. 116Art. 116 1 Contracts are governed by the law chosen by the parties. 2 The choice of law must be express or result with certainty from the provisions of the contract or from the circumstances; apart from that, it is gove… Direct link
4b. Absence of a choice of law
Art. 117Art. 117 1 In the absence of a choice of law, contracts are governed by the law of the state with which they have the closest connection. 2 Such a connection is presumed to exist with the state of habitual residence of… Direct link
32. In particular
4a. Sale of movable property
Art. 118Art. 118 1 Sales of tangible movable property are governed by the Hague Convention of 15 June 1955SR 0.221.211.4 on the Law Applicable to International Sales of Goods. SR 0.221.211.4 2 Article 120 is reserved. Direct link
4b. Immovable property
Art. 119Art. 119 1 Contracts relating to immovable property or to the use of immovable property are governed by the law of the state where the property is located. 2 A choice of law is allowed. 3 However, the form of the contra… Direct link
4c. Consumer contracts
Art. 120Art. 120 1 Contracts pertaining to goods or services of ordinary consumption intended for a consumer’s personal or family use and not connected with the consumer’s professional or business activity are governed by the l… Direct link
4d. Employment contracts
Art. 121Art. 121 1 Employment contracts are governed by the law of the state in which the employee habitually performs their work. 2 If the employee habitually performs their work in several states, the employment contract is g… Direct link
4e. Contracts pertaining to intellectual property
Art. 122Art. 122 1 Contracts pertaining to intellectual property are governed by the law of the state in which the transferor or licensor of the intellectual property right has their habitual residence. 2 A choice of law is all… Direct link
33. Common provisions
4a. Silence upon receipt of an offer
Art. 123Art. 123 A party who does not respond to an offer to conclude a contract may invoke the law of the state in which such party has its habitual residence to govern the effects of the silence. Direct link
4b. Form
Art. 124Art. 124 1 As to form, contracts are valid if they meet the requirements set out in the law applicable to them or in the law of the place where they were concluded. 2 The form of a contract concluded between persons who… Direct link
4c. Performance and inspection modalities
Art. 125Art. 125 Performance and inspection modalities are governed by the law of the state in which they are actually carried out. Direct link
4d. Power of representation
Art. 126Art. 126 1 If power of representation is based on a contract, the relationship between the principal and the agent is governed by the law applicable to their contract. 2 The conditions under which acts of the agent bind… Direct link
2Section 2 Unjust Enrichment
3I. Jurisdiction
Art. 127Art. 127 Amended by Annex No 5 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Amended by Annex No 5 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Th… Direct link
3II. Applicable law
Art. 128Art. 128 1 Claims for unjust enrichment are governed by the law which governs the existing or assumed legal relationship on the basis of which the enrichment occurred. 2 In the absence of such a relationship, the claims… Direct link
2Section 3 Torts
3I. Jurisdiction
41. In general
Art. 129Art. 129 Amended by Annex No 5 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Amended by Annex No 5 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). 1… Direct link
52. In particular:
6a. Nuclear incidents
Art. 130Art. 130 Amended by Annex No II 3 of the Nuclear Energy Liability Act of 13 June 2008, in force since 1 Jan. 2022, published 27 Jan. 2022 (AS 2022 43; BBl 2007 5397). Amended by Annex No II 3 of the Nuclear Energy Liabi… Direct link
6b. Right to information or access in connection with personal data
Art. 130aArt. 130a Inserted by Annex No II 3 of the Nuclear Energy Liability Act of 13 June 2008 (AS 2022 43; BBl 2007 5397). Amended by Annex 2 No 1 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2… Direct link
43. Direct action against an insurer
Art. 131Art. 131 A direct action against a civil liability insurer may be brought before the Swiss courts either at the place of the insurer’s establishment or at the place where the act or the result occurred. Direct link
31. In general
4a. Choice of law
Art. 132Art. 132 The parties may, at any time after the damaging event, agree to apply the law of the forum. Direct link
4b. Absence of a choice of law
Art. 133Art. 133 1 If the tortfeasor and the injured party have their habitual residence in the same state, claims in tort are governed by the law of that state. 2 If the tortfeasor and the injured party do not have their habit… Direct link
32. In particular
4a. Road traffic accidents
Art. 134Art. 134 Claims arising from road traffic accidents are governed by the Hague Convention of 4 May 1971SR 0.741.31 on the Law Applicable to Traffic Accidents. SR 0.741.31 Direct link
4b. Product liability
Art. 135Art. 135 1 Claims based on a defect or defective description of a product are governed at the option of the injured party: a. by the law of the state in which the tortfeasor has their establishment or, in the absence of… Direct link
4c. Unfair competition
Art. 136Art. 136 1 Claims based on unfair competition are governed by the law of the state in whose market the result occurred. 2 If the tort affects exclusively the business interests of a specific competitor, the applicable l… Direct link
4d. Restraint of competition
Art. 137Art. 137 1 Claims based on a restraint of competition are governed by the law of the state in whose market the restraint has direct effects on the injured party. 2 If claims based on a restraint of competition are gover… Direct link
4e. Nuisances
Art. 138Art. 138 Claims arising out of damaging nuisances originating from immovable property are governed at the option of the injured party by the law of the state in which the property is located or by the law of the state i… Direct link
5ebis. Nuclearincidents
Art. 138aArt. 138a Inserted by Annex No II 3 of the Nuclear Energy Liability Act of 13 June 2008, in force since 1 Jan. 2022, published 27 Jan. 2022 (AS 2022 43; BBl 2007 5397). Inserted by Annex No II 3 of the Nuclear Energy Li… Direct link
4f. Infringement of personality rights
Art. 139Art. 139 1 Claims based on the infringement of personality rights by the media, in particular by press, radio, television or any other means of public information, are governed at the option of the injured party: a. by… Direct link
33. Special rules
4a. Multiple tortfeasors
Art. 140Art. 140 If two or more persons have taken part in the commission of a tort, the applicable law shall be determined separately for each one of them, regardless of their role. Direct link
4b. Direct action against an insurer
Art. 141Art. 141 The injured party may bring the action directly against the insurer of the person liable if the law applicable to the tort or the law applicable to the insurance contract so provides. Direct link
34. Scope of the applicable law
Art. 142Art. 142 1 The law applicable to a tort determines in particular the capacity to be liable in tort, the conditions and the extent of liability, as well as the person liable. 2 Rules of conduct and safety in force at the… Direct link
2Section 4 Common Provisions
3I. Multiple debtors
41. Claims against several debtors
Art. 143Art. 143 Where a creditor is entitled to assert their claim against two or more debtors, the legal consequences are determined under the law governing the relationship between the creditor and the debtor against whom th… Direct link
42. Recourse among co-debtors
Art. 144Art. 144 1 A debtor has a right of recourse against a co-debtor, either directly or by subrogation, only to the extent that the laws governing the two obligations allow for it. 2 The exercise of recourse against a co-de… Direct link
3II. Transfer of claims
41. Assignment by contract
Art. 145Art. 145 1 The assignment of a claim by contract is governed by the law chosen by the parties or, in the absence of such choice, by the law applicable to the assigned claim. A choice of law cannot be asserted against th… Direct link
41a. Transfer by means of an instrument
Art. 145aArt. 145a Inserted by No I 3 of the FA of 25 Sept. 2020 on the Adaptation of Federal Law to Developments in Distributed Ledger Technology, in force since 1 Feb. 2021 (AS 2021 33; BBl 2020 233). Inserted by No I 3 of the… Direct link
42. Assignment by operation of law
Art. 146Art. 146 1 The assignment of a claim by operation of law is governed by the law applicable to the underlying relationship between the former and the new creditor or, in the absence of such a relationship, by the law gov… Direct link
3III. Currency
Art. 147Art. 147 1 A currency is defined by the law of the issuing state. 2 The effects of a currency on the extent of an obligation are governed by the law applicable to such obligation. 3 The law of the state in which payment… Direct link
3IV. Statute of limitations and extinction of a claim
Art. 148Art. 148 1 The statute of limitations for and the extinction of a claim are governed by the law applicable to the claim. 2 In the event of extinction by set-off, the applicable law is that governing the claim against wh… Direct link
2Section 5 Foreign Decisions
Art. 149Art. 149 1 Foreign decisions relating to a claim under the law of obligations are recognised in Switzerland: a. if they were rendered in the state of the defendant’s domicile; or b. if they were rendered in the state of… Direct link
1Chapter 9a Trusts
2II. Jurisdiction
Art. 149aArt. 149b 1 In matters concerning trust law, the choice of forum contained in the trust deed shall prevail. The choice of forum or the authorisation contained in the trust deed to choose the forum only has to be followe… Direct link
2III. Applicable law
Art. 149bArt. 149c 1 The law applicable to trusts is governed by the Hague Convention of 1 July 1985SR 0.221.371 on the Law Applicable to Trusts and on their Recognition. SR 0.221.371 2 The law designated by the Convention shall… Direct link
2IV. Special rules concerning publicity
Art. 149cArt. 149d 1 Where the assets of the trust are registered in the name of the trustee in the land register, the ships register or the aircraft register, reference to the trust relationship can be made by adding a note. 2… Direct link
1Chapter 10 Companies
2I. Definitions
Art. 149dArt. 150 1 For the purposes of this Act, a company is any organised association of persons and any organised unit of assets. 2 Simple partnerships that have not provided themselves with an organisation are governed by t… Direct link
2II. Jurisdiction
31. In general
Art. 149eArt. 151 1 In disputes concerning company law, the Swiss courts at the seat of the company have jurisdiction to hear actions against the company, its shareholders or members, or persons liable under company law. 2 Actio… Direct link
32. Liability for a foreign company
Art. 150Art. 152 The following courts have jurisdiction to hear actions against a person liable under Article 159 or against the foreign company for which such person is acting: a. the Swiss courts at the domicile or, in the ab… Direct link
33. Protective measures
Art. 151Art. 153 For measures intended to protect assets in Switzerland of a company with seat abroad, the Swiss judicial or administrative authorities at the place where the assets are located have jurisdiction. Direct link
2III. Applicable law
31. In general
Art. 152Art. 154 1 Companies are governed by the law of the state under which they are organised, provided they fulfil the publicity or registration requirements of that law or, where such requirements do not exist, if they hav… Direct link
32. Scope of the applicable law
Art. 153Art. 155 Subject to Articles 156 to 161, the law applicable to a company governs in particular: a. the legal nature of the company; b. its establishment and dissolution; c. its legal capacity and capacity to act; d. its… Direct link
2IV. Special connecting factors
31. Claims arising from public issues of equity or debt securities
Art. 154Art. 156 Claims regarding public issues of equity or debt securities based on prospectuses, circulars or similar publications may be based on either the law applicable to the company or the law of the state where the in… Direct link
32. Protection of the name and business name
Art. 155Art. 157 1 The protection of the name or business name of companies registered in the Swiss commercial register against infringements in Switzerland is governed by Swiss law. 2 The protection of the name or business nam… Direct link
33. Restrictions of the power of representation
Art. 156Art. 158 A company may not invoke restrictions of the power of representation of a body or a representative that are unknown in the law of the state where the other party has its establishment or habitual residence, unl… Direct link
34. Liability for a foreign company
Art. 157Art. 159 If the operations of a company established under a foreign law are managed in or from Switzerland, the liability of the persons acting on behalf of that company is governed by Swiss law. Direct link
2V. Branches of foreign companies in Switzerland
Art. 158Art. 160 1 A company which has its seat abroad may have a branch in Switzerland. The branch is governed by Swiss law. 2 The power of representation of the branch is governed by Swiss law. At least one of the persons aut… Direct link
21. Transfer of a company from abroad to Switzerland
3a. In general
Art. 159Art. 161 1 A foreign company may subject itself to Swiss law without being liquidated or re-established, provided this is allowed under the foreign law governing the company. The company must meet the requirements of it… Direct link
3b. Effective date
Art. 160Art. 162 1 A company that is required under Swiss law to register in the commercial register is governed by Swiss law as soon as it proves that the centre of its business activities has been transferred to Switzerland a… Direct link
22. Transfer of a company from Switzerland abroad
Art. 161Art. 163 Amended by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337). Amended by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 26… Direct link
23. Merger
3a. Merger from abroad to Switzerland
Art. 162Art. 163a Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337). Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004… Direct link
3b. Merger from Switzerland abroad
Art. 163Art. 163b Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337). Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004… Direct link
3c. Merger agreement
Art. 163aArt. 163c Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337). Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004… Direct link
24. Demerger and transfer of assets and liabilities
Art. 163bArt. 163d Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337). Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004… Direct link
25. Common provisions
3a. Deregistration from the commercial register
Art. 163cArt. 164 Amended by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337). Amended by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 26… Direct link
3b. Place of debt enforcement and place of jurisdiction
Art. 163dArt. 164a Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337). Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004… Direct link
3c. Transfer, merger, demerger and transfer of assets and liabilities abroad
Art. 164Art. 164b Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337). Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004… Direct link
2VII. Foreign decisions
Art. 164aArt. 165 1 Foreign decisions relating to claims concerning company law are recognised in Switzerland: a. if they were rendered or are recognised in the state of the seat of the company, provided the defendant was not do… Direct link
1Chapter 11 Bankruptcy and Composition
2I. Recognition
Art. 164bArt. 166 Amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). Amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). 1 A fo… Direct link
2II. Procedure
31. Jurisdiction
Art. 165Art. 167 1 Where the debtor has a branch in Switzerland registered in the commercial register, the application for the recognition of a foreign bankruptcy decree must be filed in the court at the location of its seat. I… Direct link
32. Conservatory measures
Art. 166Art. 168 As from the filing of the application for recognition of the foreign bankruptcy decree, the court may, at the request of the applicant, order conservatory measures as provided for in Articles 162 to 165 and 170… Direct link
33. Publication
Art. 167Art. 169 1 The decision on the recognition of a foreign bankruptcy decree shall be published. 2 The decision shall be communicated to the debt enforcement and bankruptcy office, the land registry, and the commercial reg… Direct link
2III. Legal effects
31. In general
Art. 168Art. 170 1 Unless otherwise provided in this Act, the recognition of a foreign bankruptcy decree subjects the debtor’s assets located in Switzerland to the legal consequences of bankruptcy according to Swiss law. 2 The… Direct link
32. Avoidance claims
Art. 169Art. 171 1 An avoidance claim is governed by Articles 285 to 292 DEBASR 281.1. It may also be initiated by the foreign bankruptcy administrator or by a creditor entitled to bring such action. SR 281.1 2 The deadlines pr… Direct link
33. Schedule of claims
Art. 170Art. 172 1 The schedule of claims shall only include: a. the secured claims listed in Article 219 DEBASR 281.1; SR 281.1 b. the unsecured but privileged claims of creditors who have their domicile in Switzerland; and c.… Direct link
24. Distribution
3a. Recognition of the foreign schedule of claims
Art. 171Art. 173 1 After distribution of the proceeds in accordance with Article 172 paragraph 1, any balance shall be remitted to the foreign bankruptcy estate or to those creditors that are entitled to it. 2 The balance may o… Direct link
3b. Non-recognition of a foreign schedule of claims
Art. 172Art. 174 1 If a foreign schedule of claims is not recognised, the balance is distributed among the creditors of the third class according to Article 219 paragraph 4 DEBASR 281.1 provided they are domiciled in Switzerlan… Direct link
45. Abstention from auxiliary bankruptcy proceedings
Art. 173Art. 174a Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). 1 A… Direct link
2IIIbis. Coordination
Art. 174Art. 174b Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). In… Direct link
2IIIter. Recognition of foreign decisions on avoidance claims and similar decisions
Art. 174aArt. 174c Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). For… Direct link
2Recognition
Art. 174bArt. 175 A composition or a similar procedure approved by a foreign authority shall be recognised in Switzerland. Articles 166–170 and 174a–174c apply by analogy. Sentence amended by No I of the FA of 16 March 2018, in… Direct link
1Chapter 12 International Arbitration
2I. Scope of application. Seat of the arbitral tribunal
Art. 174cArt. 176 1 The provisions of this Chapter apply to arbitral tribunals that have their seat in Switzerland if, at the time that the arbitration agreement was concluded, at least one of the parties thereto did not have it… Direct link
2II. Arbitrability
Art. 175Art. 177 1 Any claim involving an economic interest may be submitted to arbitration. 2 A state, or an enterprise held by or an organisation controlled by a state, that is party to an arbitration agreement, may not invok… Direct link
2III. Arbitration agreement and arbitration clause
Art. 176Art. 178 1 The arbitration agreement must be made in writing or any other means of communication allowing it to be evidenced by text. Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179;… Direct link
2IV. Members of the arbitral tribunal
31. Appointment and replacement
Art. 177Art. 179 Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). 1 The me… Direct link
22. Challenging members of the arbitral tribunals
3a. Grounds
Art. 178Art. 180 1 A member of the arbitral tribunal may be challenged: Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Amended by No 1 of the FA of 19 June 2020, in force si… Direct link
4b. Procedure
Art. 179Art. 180a Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). 1 Unl… Direct link
43. Removal
Art. 180Art. 180b Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). 1 Any… Direct link
2V. Lis pendens
Art. 180aArt. 181 Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). The arbi… Direct link
2VI. Procedure
31. In general
Art. 180bArt. 182 1 The parties may determine the arbitral procedure, either themselves or by reference to arbitration rules; they may also make the procedure subject to a procedural law of their choice. Amended by No 1 of the F… Direct link
32. Interim and conservatory measures
Art. 181Art. 183 1 Unless the parties have agreed otherwise, the arbitral tribunal may, at the request of a party, order interim measures or conservatory measures. 2 If the party concerned does not comply voluntarily with the m… Direct link
33. Taking of evidence
Art. 182Art. 184 1 The arbitral tribunal takes the evidence itself. 2 Where state legal assistance is required for the taking of evidence, the arbitral tribunal or a party with the consent of the arbitral tribunal may request t… Direct link
34. Other assistance by a state court
Art. 183Art. 185 If any further assistance by a state court is required, the court at the seat of the arbitral tribunal has jurisdiction. Direct link
45. Participation of the state court in foreign arbitration proceedings
Art. 184Art. 185a Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). 1 An… Direct link
2VII. Jurisdiction
Art. 185Art. 186 1 The arbitral tribunal shall decide on its own jurisdiction. 1bis It shall decide on its jurisdiction without regard to any action having the same subject matter that is already pending between the same partie… Direct link
2VIII. Decision on the merits
31. Applicable law
Art. 185aArt. 187 1 The arbitral tribunal shall decide the dispute according to the rules of law chosen by the parties or, in the absence of such a choice, according to the rules of law with which the case has the closest connec… Direct link
32. Partial award
Art. 186Art. 188 Unless the parties have agreed otherwise, the arbitral tribunal may render partial awards. Direct link
33. Procedure and form
Art. 187Art. 189 1 The arbitral award shall be rendered in conformity with the procedure and form agreed by the parties. 2 In the absence of such an agreement, the award shall be made by a majority decision or, in the absence o… Direct link
44. Correcting, explaining and supplementing the award
Art. 188Art. 189a Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). 1 Unl… Direct link
2IX. Finality, Action to contest, Review
31. Action to set aside
Art. 189Art. 190 1 The award is final from the time when it is communicated. 2 An arbitral award may be contested only: a. where the sole member of the arbitral tribunal Term in accordance with No 1 of the FA of 19 June 2020, i… Direct link
42. Review
Art. 189aArt. 190a Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). 1 A p… Direct link
43. Only appeal authority
Art. 190Art. 191 Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). The only… Direct link
2X. Exclusion agreement
Art. 190aArt. 192 1 If none of the parties has their domicile, habitual residence or seat in Switzerland, they may, by a declaration in the arbitration agreement or by subsequent agreement, wholly or partly exclude all appeals a… Direct link
2XI. Deposit and certificate of enforceability
Art. 191Art. 193 1 Each party may at its own expense deposit a copy of the award with the state court at the seat of the arbitral tribunal. Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BB… Direct link
2XII. Foreign arbitral awards
Art. 192Art. 194 The recognition and enforcement of foreign arbitral awards is governed by the New York Convention of 10 June 1958SR 0.277.12 on the Recognition and Enforcement of Foreign Arbitral Awards. SR 0.277.12 Direct link
1Chapter 13 Final Provisions
2Section 1 Repeal and Amendment of Current Legislation
Art. 193Art. 195 The current legislation that is repealed or amendments thereto are listed in the Annex, which forms part of this Act. Direct link
2Section 2 Transitional Provisions
3I. Non-retroactivity
Art. 194Art. 196 1 Facts or legal acts which came into being and produced all their effects before the commencement of this Act are governed by the law previously in force. 2 Facts or legal acts which came into being before the… Direct link
3II. Transitional provisions
41. Jurisdiction
Art. 195Art. 197 1 The Swiss judicial or administrative authorities validly seized of actions or applications made before the commencement of this Act shall continue to have jurisdiction even if this Act does no longer provide… Direct link
42. Applicable law
Art. 196Art. 198 This Act determines the law to be applied to actions and applications pending at first instance on the date of its commencement. Direct link
43. Recognition and enforcement
Art. 197Art. 199 Applications for the recognition or enforcement of foreign decisions pending on the commencement of this Act are governed by this Act as regards the conditions for recognition and enforcement. Direct link
3III. Amendments to this Act
41. Principle
Art. 198Art. 199a Inserted by No I of the FA of 22 Dec. 2023 (AS 2024 330; BBl 2020 3309). Amended by Annex No 4 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590;… Direct link
42. Succession law
Art. 199Art. 199b Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Amendme… Direct link
4IV. Transitional provision to the Amendment of 14 June 2024
Art. 199aArt. 199c Inserted by No III of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). Inserted by No III of the FA of 14 June 2024 (Measures again… Direct link
2Section 3 Referendum and Commencement
Art. 199bArt. 200 1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 January 1989 FCD of 27 Oct. 1988. FCD of 27 Oct. 1988. Direct link
Annexes1
Repeal and Amendment of Current Federal LegislationAnnex Repeal and Amendment of Current Federal Legislation I. Repeal of Current Federal Legislation The following are repealed: a. the Federal Act of 25 June 1891 on the Civil Law Status of Immigrants and Temporary Resid…Direct link

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