Switzerland's Federal Code
on Private International Law
(CPIL)1
of December 18, 19872
UMBRICHT
ATTORNEYS AT LAW
T ABLE OF C ONTENTS
Article Page Chapter 1: Provisions in Common
Section 1: Scope 1 3 Section 2: Jurisdiction2-123 Section 3: Applicable Law13-196 Section 4: Domicile, Residence, and Citizenship20-248 Section 5: Recognition and Enforcement of Foreign Decisions25-329
韵母发音Chapter 2: Natural Persons33-4212
Chapter 3: Matrimonial Law
Section 1: Celebration of Marriage43-4514 Section 2: Effects of Marriage in General46-5015 Section 3: Matrimonial Property Regimes51-5816 Section 4: Divorce and Separation59-6519
1Authoritative private translation ot the official text by U MBRICHT Attorneys, Switzerland,
© by Dr. Robert P. Umbricht, LL.M., Suggested citation:Swiss CPIL, Umbricht Attorneys, Switzerland (2002). 2as amended as of January 1, 2002.
Chapter 4: Parent-child relationship
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Section 1: The establishment of a parent-child relationship by descent66-7021 Section 2: Acknowledgment71-7422 Section 3: Adoption75-7823 Section 4: Effects of parent-child relationship79-8424
Chapter 5: Guardianship and Other Protective Measures8526
Chapter 6: Inheritance86-9627
Chapter 7: Property97-10830
Chapter 8: Intellectual Property Rights109-11133
Chapter 9: Law of Obligations
Section 1: Contracts112-12634 Section 2: Unjust Enrichment127-12838 Section 3: Torts129-14239 Section 4: Provisions in Common143-14843 Section 5: Foreign Decisions14945
Chapter 10: Company Law150-16546
Chapter 11: Bankruptcy and Composition Agreements166-17551
Chapter 12: International Arbitration176-19454
Chapter 13: Final Provisions
Section 1: Repeal and Amendment of Federal Law Currently in Force19560 Section 2: Transitional Provisions196-19960 Section 3: Referendum and Effective Date20061
The Federal Asmbly of the Swiss Confederation,
bad on the authority of the Confederation in matters of foreign relations and on Article 64 of the Federal Constitution;
一年级阅读书目and in consideration of the message of the Federal Council, dated November 10, 19823, enacts:
Chapter 1: Provisions in Common
Section 1: Scope
Art. 1
1 This Code governs, in an international context:
a.The jurisdiction of the Swiss judicial and administrative authorities;
b.The applicable law;
c.The conditions for the recognition and enforcement of foreign decisions;
d.Bankruptcy and composition agreements;
e.Arbitration.
2 International treaties take precedence.
Section 2: Jurisdiction
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Art. 2
I. In general
Unless this Code provides otherwi, the Swiss judicial or administrative authorities at the domicile of the defendant shall have jurisdiction.
3BBl. 1983 I 263.
II. Emergency jurisdiction
If this Code does not provide for jurisdiction in Switzerland and if proceedings abroad are impossible or cannot reasonably be required to be brought, the Swiss judicial or administra-tive authorities at the place with which the facts of the ca are sufficiently connected shall have jurisdiction.
Art. 4
III. Validation of attachment
If this Code does not provide for any other jurisdiction in Switzerland, an action to validate an attachment may be brought at the place in Switzerland where the attachment was obtained. Art. 5
IV. Agreed venue
1 The parties may agree on a venue for an existing or a future dispute concerning pecuniary claims arising from a specified legal relationship. The agreement may be made in writing, by telegram, telex, telecopier, or by any other means of communication which evidences the terms of the agreement by a text. Unless stipulated otherwi, the court agreed upon shall have exclusive jurisdiction.
2 The agreement on venue shall be void if one party is denied in an improper manner a venue to which that party is entitled under Swiss law.
3 The court agreed upon may not decline its jurisdiction:
a.If one party has his domicile, place of habitual residence, or place of business in the can-
ton of the Swiss court agreed upon; or
b.If, pursuant to this Code, Swiss law is applicable to the dispute.
Art. 6筛选怎么操作
V. Appearance by the defendant
In the ca of pecuniary claims, the court before which the action is brought shall have juris-diction if the defendant proceeds to the merits without contesting the court’s jurisdiction un-less the court may decline jurisdiction pursuant to Article 5, paragraph 3.
VI. Arbitration agreement
If the parties have concluded an arbitration agreement with respect to an arbitrable dispute, the Swiss court before which the action is brought shall decline its jurisdiction unless:
a.The defendant proceeded to the merits without contesting jurisdiction;
b.The court finds that the arbitration agreement is null and void, inoperative or incapable of
心理素质训练>博时基金排名being performed; or
c.The arbitral tribunal cannot be constituted for reasons for which the defendant in the arbi-
tration proceeding is manifestly responsible.
Art. 8
VII. Counter-claim
The court in which the principal claim is pending shall also decide a counter-claim if there is a factual connection between the claim and the counter-claim.
Art. 9
VIII. Lis pendens
1 If the same parties are engaged in proceedings abroad bad on the same caus of action, the Swiss court shall stay the proceeding if it may be expected that the foreign court will, within a reasonable time, render a decision that will be recognizable in Switzerland.
理性的人2 To determine when a court in Switzerland is ized, the date of the first act necessary to in-stitute the action shall be decisive. The initiation of conciliation proceedings shall suffice.
3 The Swiss court shall dismiss the action as soon as a foreign decision is submitted to it which can be recognized in Switzerland.
Art. 10
IX. Provisional measures
The Swiss judicial or administrative authorities may enter provisional measures even if they do not have jurisdiction on the merits.
