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. Jurisdiction
1. Immovable property
Art. 97
The courts at the place where immovable property in Switzerland is located have exclusive jurisdiction to hear actions relating to rights in rem in such property.
2. Movable property
Art. 98
1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions relating to rights in rem in movable property. 2 The Swiss courts at the place where the property is located also have jurisdiction.
Para. 2 — Amended by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
3. Cultural property
Art. 98a
The court at the domicile or at the seat of the defendant or the court at the place where the cultural property is located has jurisdiction to hear actions for repatriation in the sense of Article 9 of the Cultural Property Transfer Act of 20 June 2003.
Art. 98a — Inserted by Art. 32 No 3 of the Cultural Property Transfer Act of 20 June 2003, in force since 1 June 2005 (AS 2005 1869; BBl 2002 535). SR 444.1
II. Applicable law
1. Immovable property
Art. 99
1 Rights in rem in immovable property are governed by the law of the place where the property is located. 2 Claims arising out of nuisances originating from immovable property are governed by the provisions of this Act relating to torts (Art. 138).
2. Movable property
a. In general
Art. 100
1 The acquisition and loss of rights in rem in movable property are governed by the law of the place where the property is located at the time of the event from which the acquisition or loss is derived. 2 The scope and exercise of rights in rem in movable property are governed by the law of the place where the property is located.
b. Goods in transit
Art. 101
The acquisition and loss, through legal transactions, of rights in rem in goods in transit are governed by the law of the state of destination.
c. Goods arriving in Switzerland
Art. 102
1 When movable property arrives in Switzerland and the acquisition or loss of a right in rem has not yet taken place abroad, the events that have occurred abroad are deemed to have occurred in Switzerland. 2 When movable property arriving in Switzerland is subject to a reservation of ownership validly created abroad but which does not meet the requirements of Swiss law, such reservation of ownership nonetheless remains valid for three months. 3 Such a reservation of ownership created abroad cannot be asserted against a third party acting in good faith.
d. Reservation of ownership of goods intended for
Art. 103
The reservation of ownership of movable property intended for export is governed by the law of the state of destination.
e. Choice of law
Art. 104
1 Parties may submit the acquisition and loss of rights in rem in movable property to the law of the state of shipment or of destination, or to the law which governs the underlying legal transaction. 2 Such choice of law cannot be asserted against third parties.
3. Special rules
a. Pledging of claims, securities and other rights
Art. 105
1 The pledging of claims, securities or other rights is governed by the law chosen by the parties. This choice of law cannot be asserted against third parties. 2 In the absence of a choice of law, the pledging of claims is governed by the law of the state of the pledgee’s habitual residence. The same applies to the pledging of other rights, provided they are represented by an uncertificated security, a certificated security or an equivalent instrument; otherwise, the pledging of such rights is governed by the law applicable to them. 3 A law other than the one governing the pledged right cannot be asserted against the debtor.
Para. 2 — Amended by No I 3 of the FA of 25 Sept. 2020 on the Adaptation of Federal Law to Developments in Distributed Ledger Technology, in force since 1 Feb. 2021 (AS 2021 33; BBl 2020 233).
b. Documents of title and equivalent instruments
Art. 106
1 The law designated in Article 145a paragraph 1 determines whether an instrument represents goods. 2 If the goods are represented by a physical instrument, the rights in rem to both the instrument and the goods are governed by the law applicable to the instrument as movable property. 3 If several persons assert rights in rem relating to the goods, some directly, others on the basis of an instrument, the law applicable to the goods themselves determines which one of these rights prevails.
Art. 106 — Amended by No I 3 of the FA of 25 Sept. 2020 on the Adaptation of Federal Law to Developments in Distributed Ledger Technology, in force since 1 Feb. 2021 (AS 2021 33; BBl 2020 233).
c. Means of transport
Art. 107
The provisions in other acts relating to rights in rem in ships, aircraft or other means of transport are reserved.
III. Foreign decisions
Art. 108
1 Foreign decisions on rights in rem in immovable property are recognised in Switzerland if they were rendered in the state in which the property is located or if they are recognised in such state. 2 Foreign decisions on rights in rem in movable property are recognised in Switzerland: a. if they were rendered in the state of domicile of the defendant; or b. if they were rendered in the state in which the property is located, provided the defendant had their habitual residence there. c. ...
Para. 2 let. c — Repealed by Art. 2 of the FD of 3 Oct. 2008 on the Approval and Implementation of the Convention on the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary, with effect from 1 Jan. 2010 (AS 2009 6579; BBl 2006 9315).