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Federal Act
on Private International Law
(PILA)

Art. 133

b. Ab­sence of a choice of law

 

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 ha­bitu­al res­id­ence in the same state, these claims are gov­erned by the law of the state in which the tort was com­mit­ted. However, if the res­ult oc­curred in an­oth­er state, the law of that state ap­plies if the tort­feas­or should have fore­seen that the res­ult would oc­cur there.

3 Not­with­stand­ing the pre­ced­ing para­graphs, if a tort vi­ol­ates a leg­al re­la­tion­ship ex­ist­ing between the tort­feas­or and the in­jured party, claims based on that tort are gov­erned by the law ap­plic­able to such leg­al re­la­tion­ship.