291
IPRGLDIP
CH
CH
Art. 37 Bundesgesetz vom 18. Dezember 1987 über das Internationale Privatrecht (IPRG)
IPRG; 2. Kapitel: Natürliche Personen; IV. Name; 1. Grundsatz
Art. 37 IPRG
Der Name einer Person mit Wohnsitz in der Schweiz untersteht schweizerischem Recht; der Name einer Person mit Wohnsitz im Ausland untersteht dem Recht, auf welches das Kollisionsrecht des Wohnsitzstaates verweist.
Eine Person kann jedoch verlangen, dass ihr Name dem Heimatrecht untersteht.
Gerichtsentscheide zu dieser Bestimmung (15)
V 2022 70 · zg (Art. 37 Abs. 2 IPRG)
Swiss Court Rejects Registration of German Noble Title "Freifrau"
The eventual request to subject the name to German law was rejected because this provision is inapplicable in the context of a name change procedure governed by Swiss law (Art. 38 para. 3 IPRG).
HC.2020.568 · vd (Art. 37 LDIP)
Appeal Against Refusal to Rectify Child's Surname Following Paternity Acknowledgment
This article concerning the applicable law for names in international situations was considered in the reasoning that led to the decision on the merits.
VB.2018.00414 · zh (Art. 37 Abs. 1 IPRG)
Parental Choice of Child's Surname Under Swiss Law
This article was cited as the general rule under which the daughter's name is subject to Swiss law.
VB.2018.00414 · zh (Art. 37 Abs. 2 IPRG)
Parental Choice of Child's Surname Under Swiss Law
This article was cited in relation to the possibility of making a declaration of choice of law, which the parents failed to adequately support.
VB.2014.00357 · zh (Art. 37 Abs. 2 IPRG)
Refugee Surname Change and Conflict of Laws
This provision was cited in the context of refugees being barred from subjecting their name to their home law and in relation to Art. 37 Abs. 2 ZStV.
VB.2013.00080 · zh (Art. 37 Abs. 2 IPRG)
Registration of US Numerical Suffix in Swiss Civil Register
Allows a person residing in Switzerland to request that their name be governed by their national law.
TVR.2006.Nr.16 · tg (Art. 37 Abs. 2 IPRG)
Child Citizenship and Surname Determination in Binational Cohabiting Parents Case
This article was discussed as the basis for potentially applying German law, but the court ultimately found that the conditions for its application were not met for the appellant.
HR.2003.18 · ne (art.37 al. 1 LDIP)
Recognition of Foreign Adoption Name Versus Domestic Naming Law
The court applied this article to determine that Swiss law governs the name because the child was domiciled in Switzerland at the time of the decisive event (adoption).
HR.2003.18 · ne (art.37 al. 2 LDIP)
Recognition of Foreign Adoption Name Versus Domestic Naming Law
The court examined and rejected the argument based on this article regarding the application of national law to the name, although ultimately this article did not support the appellant's claim.
A/359/2001 · ge (art. 37 al. premier LDIP)
Swiss Domicile vs. Double Surname Registration for Children with Dual Nationality
This provision governs the law applicable to a person's name when domiciled in Switzerland, which was the basis for rejecting the appeal (the children were domiciled in Switzerland at the time of birth).
11.1995.244 · ti (Art. 37 LDIP)
Child Support Modification: Territorial Competence and Passive Standing Remand
Cited as a provision concerning the name whose application is reserved when determining the applicable law for maintenance modifications.
VB.2013.00080 · zh (Art. 37 Abs. 2 IPRG)
Name Registration Challenge Involving Foreign Law and Public Order
The appellant was allowed to have their name subject to their home country's law.
VB.2014.00357 · zh (Art. 37 Abs. II IPRG)
Refugee Name Change Restrictions for Unborn Child
Cited in relation to the right of refugees to choose their name according to their home country's law.
VB.2018.00414 · zh (Art. 37 Abs. 1 IPRG)
Surname Registration for Child of International Couple under Swiss Law
This article was used to establish that the child's name is generally subject to Swiss law based on the parents' residence.
VB.2018.00414 · zh (Art. 37 Abs. 2 IPRG)
Surname Registration for Child of International Couple under Swiss Law
This article governs the possibility of making a choice of law (Rechtswahl) regarding the child's name, which the parents attempted but failed to justify.