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Federal Act
on Private International Law
(PILA)

Art. 36

2. Pro­tec­tion of trans­ac­tions

 

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 trans­ac­tion was made, un­less the oth­er party knew or should have known of the in­ca­pa­city.

2 This rule does not ap­ply to leg­al trans­ac­tions per­tain­ing to fam­ily law, suc­ces­sion law or rights in rem in im­mov­able prop­erty.