Facts
This case concerns a divorce between Mrs. P. B. and her husband Mr. P. B., both of Italian nationality. At the time of the marriage, the spouses were domiciled in Italy and the husband has maintained his domicile there, while the wife currently resides there. Their marriage was celebrated in Geneva and their four children were born there.
Mrs. P. B. filed for divorce with the District Court, which applied Swiss law. Mrs. P. B. then appealed this decision to the Federal Tribunal.
Considerations
The Federal Tribunal considers that the exception clause provided for in Art. 15 para. 1 PILA cannot apply in this case. Indeed, the spouses were domiciled in Italy at the time of the marriage and the husband has maintained his domicile there, so the case does not have a very loose connection to Italian law, which is the common national law of the parties.
Consequently, the Federal Tribunal considers that the divorce action must be examined in light of Italian law. As the cantonal court did not apply the foreign law…