ШВАЈЦАРСКИ ПРОПИСИ О НАДЛЕЖНОСТИ ДОМАЋИХ И СТРАНИХ СУДОВА У ОДНОСИМА МЕЂУНАРОДНОГ ПРИВАТНОГ ПРАВА
SWISS REGULATION ON THE JURISDICTION OF NATIONAL AND FOREIGN COURTS IN PRIVATE INTERNATIONAL LAW RELATIONS

Summary/Abstract: In this article, the author analyzes the legal provisions of the Swiss Private International Law regulating the jurisdiction of national courts to decide on a submitted claim, as well as the grounds for the international jurisdiction of foreign courts whose decisions are to be recognized in Switzerland. The author construes that there is a considerable compliance between the criteria governing the jurisdiction of Swiss national courts and those governing the jurisdiction of a foreign court, which can largely contribute to an easier recognition of foreign court decisions in Switzerland. Moreover, this confirms the standpoint that the national legislator has basically accepted the principle that the jurisdiction of a foreign court is justifiable in any situation when the domestic courts might as well accept to decide on an issue providing that the plaintiff had decided to file the claim with the domestic court. There are very few departures from such a trend; they usually appear in the recognition of foreign court decision on divorce and in the judgments related to contractual obligations or torts. Regardless of the fact that these foreign court decisions have been brought in compliance with the criteria which are valid for establishing the so-called direct jurisdiction, they cannot be recognized in Switzerland if the defendant’s country of domicile at the moment of filing the legal claim (a petition for divorce, a complaint for the compensation of damage incurred either by the non-performance of a contractual obligation or by the commission of an unlawful act by a tortfeasor) is Switzerland. The author criticizes the austerity and rigidity of such legal solutions and points out that (except for the case above) the norms envisaged in the Swiss legislation certainly should not be an obstacle for the recognition of the Serbian courts’ decisions related to private international law relations in Switzerland.

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