Resumen de Le sort international des avoirs de prévoyance professionnelle à la suite de démariage: Réflexions à l’occasion d’une réforme
Switzerland is one of the few countries where pension credits generated by professional activity have to be split between divorcees. To a greater extent than the 2009 draft bill, the 2013 bill aims to introduce some flexibility in the way credit-splitting is effected - either in kind or through a lump-sum - and to increase the autonomy of the parties involved. Focusing on international settings, this paper argues that this area of law, which basically concerns financial matters, should be made independent from rules on divorce and be governed by a specific section of the Swiss Act on Private International Law. By contrast, the approach adopted by the bill results in rules on international jurisdiction and applicable law which are not in line with basic principles of multilateralism and which, if adopted by other countries, are bound to generate conflict of laws and adjudications, thus leaving legal disputes between spouses unresolved.
