Federal Act on Private International Law (PILA)
Inserted by Art. 2 of the FD of 20 Dec. 2006 on the Approval and Implementation of the Hague Convention on the Law Applicable to Trusts and on their Recognition, in force since 1 July 2007 (AS 2007 2849; BBl 2006 551).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 149a
I. Definition The term trust refers to trusts created voluntarily in the sense of the Hague Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition, irrespective of whether they are evidenced in writing pursuant to Article 3 of the Convention.
SR 0.221.371
II. Jurisdiction
Art. 149b
1 In matters concerning trust law, the choice of forum contained in the trust deed shall prevail. The choice of forum or the authorisation contained in the trust deed to choose the forum only has to be followed if it is made in writing or in any other form which permits it to be evidenced by text. Unless otherwise provided, a choice of forum is exclusive. Article 5 paragraph 2 applies by analogy. 2 The chosen court may not decline jurisdiction: a. if one of the parties, the trust or one of the trustees is domiciled, habitually resident or has an establishment in the canton where the court is located, or b. if a major share of the assets of the trust are located in Switzerland. 3 Where there is no valid choice of forum, or if the choice of forum is not exclusive, jurisdiction shall lie with the Swiss courts: a. at the domicile or, in the absence of a domicile, at the habitual residence of the defendant; b. at the seat of the trust; or c. for claims arising out of the operations of an es
III. Applicable law
Art. 149c
1 The law applicable to trusts is governed by the Hague Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition. 2 The law designated by the Convention shall also apply when the Convention does not apply pursuant to its Article 5 or when a state is not bound to recognise a trust pursuant to Article 13 of the Convention.
Para. 1 — SR 0.221.371
IV. Special rules concerning publicity
Art. 149d
1 Where the assets of the trust are registered in the name of the trustee in the land register, the ships register or the aircraft register, reference to the trust relationship can be made by adding a note. 2 Trust relationships affecting intellectual property rights registered in Switzerland shall be recorded on request in the relevant register. 3 A trust relationship that is not noted or recorded is not enforceable against third parties acting in good faith. Art. 149e V. Foreign decisions 1 Foreign decisions on matters concerning trust law are recognised in Switzerland: a. if they were rendered by a court that was validly designated pursuant to Article 149b paragraph 1; b. if they were rendered in the state in which the defendant was domiciled, habitually resident or had their establishment; c. if they were rendered in the state in which the trust had its seat; d. if they were rendered in the state whose law applies to the trust; or e. if they are recognised in the state in which the