Federal Act on Private International Law (PILA)

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In The Matter OfFederal Act on Private International Law (PILA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Repeal and Amendment of Current Legislat

Art. 195

The current legislation that is repealed or amendments thereto are listed in the Annex, which forms part of this Act.

Section 2 Transitional Provisions

I. Non-retroactivity

Art. 196

1 Facts or legal acts which came into being and produced all their effects before the commencement of this Act are governed by the law previously in force. 2 Facts or legal acts which came into being before the commencement of this Act, but which continue to produce legal effects, are governed by the law previously in force for the period prior to the commencement date. Their effects beyond that date are governed by this Act.

II. Transitional provisions

1. Jurisdiction

Art. 197

1 The Swiss judicial or administrative authorities validly seized of actions or applications made before the commencement of this Act shall continue to have jurisdiction even if this Act does no longer provide for their jurisdiction. 2 It is possible to bring again, after the commencement of this Act, actions or applications dismissed for lack of jurisdiction by the Swiss judicial or administrative authorities before that date if the jurisdiction of a Swiss court or authority is provided for in this Act and the claim may still be asserted.

2. Applicable law

Art. 198

This Act determines the law to be applied to actions and applications pending at first instance on the date of its commencement.

3. Recognition and enforcement

Art. 199

Applications for the recognition or enforcement of foreign decisions pending on the commencement of this Act are governed by this Act as regards the conditions for recognition and enforcement.

III. Amendments to this Act

1. Principle

Art. 199a

Articles 196–199 apply by analogy to amendments to this Act.

Art. 199a — Inserted by No I of the FA of 22 Dec. 2023 (AS 2024 330; BBl 2020 3309). Amended by Annex No 4 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).

2. Succession law

Art. 199b

Amendments to the provisions of Chapter 6 relating to the applicable law apply to succession cases opened after the amendments come into force. Dispositions mortis causa made before the relevant amendment comes into force that would be invalid under the provisions designated by the new law remain subject to the provisions designated by the old law. Freedom of disposition is however always determined in accordance with the provisions indicated by the new law.

Art. 199b — Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).

IV. Transitional provision to the Amendment of 14

Art. 199c

Article 45 paragraph 3 letter a also applies to marriages solemnised before the Amendment of 14 June 2024 comes into force. Proceedings under Article 45a that are pending when the Amendment comes into force are not affected thereby.

Art. 199c — Inserted by No III of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).

Section 3 Referendum and Commencement

Art. 200

1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 January 1989

Para. 2 — FCD of 27 Oct. 1988.