Federal Act on Private International Law (PILA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
I. In general
Art. 33
1 Unless this Act provides otherwise, the Swiss judicial or administrative authorities of the domicile have jurisdiction over matters pertaining to the status of natural persons; these authorities shall apply the law of the domicile. 2 Infringements of personality rights are governed by the provisions of this Act relating to torts (Article 129 et seq.).
II. Legal capacity
Art. 34
1 Legal capacity is governed by Swiss law. 2 The beginning and the end of personality are governed by the law applicable to the legal relationship that presupposes legal capacity.
III. Capacity to act
1. In general
Art. 35
The capacity to act is governed by the law of the domicile. Once acquired, the capacity to act is not affected by a change of domicile.
2. Protection of transactions
Art. 36
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.
IV. Name
1. In general
Art. 37
1 The name of a person domiciled in Switzerland is governed by Swiss law. The name of a person domiciled abroad is governed by the law referred to by the rules of private international law of the state of domicile. 2 However, a person may request to have their name governed by the law of the state of their citizenship.
2. Change of name
Art. 38
1 The Swiss authorities at the domicile of the applicant have jurisdiction to hear an application for a change of name. 2 Swiss citizens who do not have a domicile in Switzerland may apply for a change of name to the authority of their canton of origin. 3 The requirements for and effects of a change of name are governed by Swiss law.
3. Change of name occurred abroad
Art. 39
A change of name occurred abroad is recognised in Switzerland if it is valid in the state of domicile or in the state of citizenship of the applicant.
4. Entry in the civil status registers
Art. 40
The name is entered in the Swiss civil status registers in accordance with Swiss registration principles.
IVa. Gender
Art. 40a
Articles 37–40 apply by analogy to a person's gender.
Art. 40a — Inserted by No II of the FA of 18 Dec. 2020 (Sex Change in the Civil Register), in force since 1 Jan. 2022 (AS 2021 668; BBl 2020 799).
V. Declaration of presumed death
1. Jurisdiction and applicable law
Art. 41
1 The Swiss courts at the last known domicile of a missing person have jurisdiction to issue a declaration of presumed death. 2 The Swiss courts also have jurisdiction to issue a declaration of presumed death where justified by a legitimate interest. 3 The requirements for and effects of a declaration of presumed death are governed by Swiss law.
2. Declaration of presumed death and of death issu
Art. 42
A declaration of presumed death or of death issued abroad is recognized in Switzerland if it is issued in the state of the last known domicile or the state of citizenship of the missing person.