Facts
The present case concerns an international divorce dispute. The plaintiff, a Swiss citizen, filed for divorce against the defendant. The issue was whether the Swiss courts have jurisdiction over this proceeding.
Pursuant to Art. 59 PILA, the territorial jurisdiction for divorce proceedings with international connections is determined. According to Art. 59(b) PILA, the Swiss courts have jurisdiction at the plaintiff's domicile if the plaintiff has been residing in Switzerland for at least one year or is a Swiss citizen. The lower court had affirmed the jurisdiction of the Swiss courts, as the plaintiff is a Swiss citizen.
However, the defendant disputed that the plaintiff was domiciled in Switzerland at the time the action was filed. Pursuant to Art. 20(1)(a) PILA, a natural person is domiciled in the state in which they reside with the intention of permanent stay. This concept corresponds to the domicile under Art. 23 CC.
Considerations
The Federal Supreme Court states that in assessing the domicile under Art. 20(1)(a) PILA, the case law on Art. 23 CC can be referred to. The decisive factor is whether the person has made the place where they reside the center of their personal interests in a way recognizable to third parties, or intends to do so.
The Federal Supreme Court emphasizes that when leaving the matrimonial domicile, it…