Acceso usuarios
Andrea Bonomi
After a long elaboration process, the recast of chapter 6 of the Swiss Private International Law Act was eventually adopted. Its goals have been largely attained. Thus, the coordination with the European Succession Regulation has been improved on the level of both conflict of laws and conflicts of jurisdiction. This is the result of a remarkable effort of unilateral convergence by Switzerland, despite the political difficulty to envisage the negotiation of an international agreement with the EU in this area. To this purpose, the autonomy of the de cujus has been significantly enlarged, which favours estate planning, with all related advantages in terms of predictability and prevention of disputes. However, some divergencies with EU law remain and some others have been created by the recast. Among them, the protection of Swiss rules on reserved shares in case of a choice of law by a Swiss dual national deserves criticism.
