ABSTRACT
This is the first part of a report – whose second part is not published here – aims at defining the content and limits of the principle iura novit curia whenever the courts needs to apply iura aliena. After assessing in which circumstances and on which grounds foreign law is applied in Switzerland, the report argues that the principle iura novit curia, when it comes to foreign law, needs to be nuanced proportionally to the linguistic and cultural accessibility of the foreign law applicable in the forum. Based on an analysis of case law, the first part concludes stating that foreign law is viewed as ‘law’ in Switzerland and, as such, it cannot be proved by the parties, although they may be helpful to assess it.
Pretelli, Ilaria, Switzerland: The Principle Iura Aliena Novit Curia (October 23, 2017) in Treatment of foreign law: dynamics towards convergence, Y Nishitani ed, Springer 2017.
First posted 2021-02-07 15:54:58
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