Glossary · Swiss and international law
Swiss public policy (PILA art. 27)
Limit on the recognition of foreign judgments or the application of foreign law where the outcome would offend fundamental principles of Swiss law.
Reference : LDIP art. 27
Recognition of a foreign decision must be refused if it is manifestly incompatible with Swiss substantive or procedural public policy.
Operational examples :
- unilateral repudiation by a single spouse in a State where the wife has no effective remedy — exequatur refused;
- judgment obtained without valid notice to the defendant — refusal on procedural grounds (art. 27 al. 2 let. a PILA);
- decision affecting a minor without any possibility of hearing the child — refused where the absence of hearing was structural.
The threshold is intentionally high: the mere fact that a foreign rule differs from Swiss law is not enough. A fundamental clash is required.