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(PILA)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 18 December 1987 (Status as of 1 February 2021)

Art. 29

III. Pro­ced­ure

 

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 of the de­cision;
b.
by a state­ment cer­ti­fy­ing that no or­din­ary ap­peal can be lodged against the de­cision or that it is fi­nal; and
c.
in case of a de­fault judg­ment, by an of­fi­cial doc­u­ment es­tab­lish­ing that the de­fault­ing party was giv­en prop­er no­tice and had the op­por­tun­ity to present its de­fence.

2 The party op­pos­ing re­cog­ni­tion and en­force­ment has the right to be heard; such party may present their de­fence.

3 If a for­eign de­cision is re­lied on with re­spect to a pre­lim­in­ary is­sue, the au­thor­ity seized may it­self rule on the re­cog­ni­tion.