Facts
The claim for determination of the child relationship was filed by the mother (M., Brazilian national) for her son (S., also a Brazilian national) on 19 July 2000 with the District Court of Zurich against the defendant (V., Swiss-Italian dual citizen). The District Court did not enter into the claim due to lack of international jurisdiction, which the mother and the child successfully appealed to the High Court of the Canton of Zurich. The defendant then filed an appeal to the Federal Supreme Court.Considerations
The Federal Supreme Court held that the principle of perpetuatio fori applies in international relations: If the jurisdiction of the court seized is given at the beginning of the proceedings, it remains and does not lapse due to subsequent changes such as the loss of the domicile. The High Court had correctly decided that the international jurisdiction of the District Court of Zurich was fixed with the initiation of the conciliation proceedings on 8 June 2000, when the defendant still had his domicile in Switzerland.
The Federal Supreme Court rejected the defendant's arguments that perpetuatio fori is not applicable in the present case, as the Swiss judgment might not be recognized abroad. It clarified that the jurisdiction of the Swiss courts under Art. 66 PILA does not depend on whether the…