Federal Act
on Private International Law
(PILA)


Open article in different language:  DE  |  FR  |  IT
Art. 96

III. For­eign de­cisions, meas­ures, doc­u­ments and rights

 

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:79

a.80
if they are rendered, taken, drawn up or de­clared in the state of the test­at­or’s last dom­i­cile, or if they are re­cog­nised there;
b.
if they re­late to im­mov­able prop­erty and were rendered, taken, drawn up or de­clared in the state in which such prop­erty is loc­ated, or if they are re­cog­nised in that state;
c.81
if they are rendered, taken, drawn up or de­clared in any one of the states of which the test­at­or was a cit­izen and the test­at­or had sub­mit­ted their es­tate to the jur­is­dic­tion or to the law of the state con­cerned; or
d.82
if they are rendered, taken, drawn up or de­clared in the test­at­or’s state of last ha­bitu­al res­id­ence or any one of the states of which the test­at­or is a cit­izen or, if they only re­late to in­di­vidu­al move­able as­sets in the es­tate, in the state in which these as­sets are loc­ated, provided the test­at­or’s last dom­i­cile was abroad and the state con­cerned does not deal with the es­tate.

2 With re­spect to im­mov­able prop­erty loc­ated in a state which claims ex­clus­ive jur­is­dic­tion, only the de­cisions, meas­ures or doc­u­ments ori­gin­at­ing from that state shall be re­cog­nised.

3 Con­ser­vat­ory meas­ures ordered in the state where as­sets of the de­ceased are loc­ated shall be re­cog­nised in Switzer­land.

79Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024330; BBl 2020 3309).

80Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024330; BBl 2020 3309).

81In­ser­ted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024330; BBl 2020 3309).

82In­ser­ted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024330; BBl 2020 3309).

 

Diese Seite ist durch reCAPTCHA geschützt und die Google Datenschutzrichtlinie und Nutzungsbedingungen gelten.

Feedback