1.4-1 A French national living in France but studying in Switzerland is mandated by his university to translate a German novel. They stipulated in the contract that Swiss law is applicable. Is this mandatory for everybody, even for third persons?


Within the contractual relation between the student and the University Swiss law will be applicable, because the parties used their “contractual autonomy” and chose the applicable law (Art. 116 IPLA). Conversely, in dealings with third persons (not involved in the contract), e.g. with the German author, the usual rules of conflict of laws will apply as the third persons are not party to the contract; hence the contract’s clauses are not mandatory for them.