Pil Abstract.docx

ABSTARCT It is easy to decide a matter by the court of law if the parties are of same by birth or attained through their parents. What if the parties to that matter belong to different countries? And want to get nationality, domicile and habitual residence? what are the conditions according to private international law? Which law will be applicable to them? What is the position of the decree and judgment rendered in such cases? Which Code is applied to stateless persons or refugees? For all these questions, the answer is Private International Law, also called Conflict of Laws. Every country maintains a set of rules to govern matters involving foreign elements and every country has a different approach towards private international law. It all depends on the economic and social conditions of the country. Switzerland,

officially

the Swiss

Confederation,

is

a

country

situated

in western, central and southern Europe having a particular set of rules and policy towards private international matters. In this work, the researcher tried to analyse in detail about the laws related to Domicile, Residence, and Citizenship involving foreign elements in Switzerland Therefore, the analysis includes examination of such cases decided by the Switzerland courts. In addition to these, the researcher tried to bring out various loopholes that exist in the private international law of Switzerland. OBJECTIVE OF THE STUDY The main objective of this study is to analyse the private international law of Switzerland in matters of Domicile, Residence, and Citizenship and also find out about the application of law and how effectively it is being applied. SIGNIFICANCE OF THE STUDY This study enlightens us as to how Switzerland deals with the cases of Domicile, Residence, and Citizenship involving foreign elements. SCOPE OF THE STUDY Among various matters like Jurisdiction, marriage, divorce, legal separation, commercial contracts, the researcher chose to study the position of Switzerland in the matters of Domicile, Residence, and Citizenship.

RESEARCH METHODOLOGY The research methodology followed by the researcher is purely doctrinal. The researcher mostly relied on the secondary sources such as Books and Journals to complete this project. LITERATURE REVIEW THE NEW SWISS PRIVATE INTERNATIONAL LAW ACT-JEROME.B.ELKIND This articles mainly talks about the development of private international law in Switzerland from 1891 to till date the author concentrated about the new Switzerland’s federal code on private international law in which one of the part talks about Domicile, Residence, and Citizenship in which he explains as to how important is domicile as a connecting factor in relation to determine jurisdiction in both personal status and the applicability of law.

SUBMITTED BY HEMALATHA.ARELLA 2015014