Le conflit de normes en droit international privé, entre iura novit curia et maxime de disposition

Lorène Anthonioz & Niklaus Meier

This article analyses the conflicts of norms in private international law. It reviews existing rules to regulate such conflicts and focuses particularly on conflicts between international conventions on recognition and the Swiss Private International Law Act, as well as conflicts between multilateral conventions, such as the 1973 Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Lugano Convention. Following some questionable decisions from the Swiss Federal Court, this article also addresses procedural questions related to the role of the judge and the parties in the application of private international law norms.