Author: Swiss Federal Council
Source: news.admin.ch
Publication Date: December 19, 2025
Reading Time: approx. 4 minutes
Executive Summary
On December 19, 2025, the Swiss Federal Council decided to modernize a 91-year-old settlement agreement with Iran. In the future, Swiss law instead of Iranian law shall apply to Iranian nationals in Switzerland in matters of personal, family, and inheritance law. This change creates legal certainty, reduces procedural delays and costly legal expert opinions – a pragmatic step toward greater legal clarity and equal treatment.
Critical Key Questions
- Freedom & Equality: Why did it take 91 years to correct discriminations caused by anachronistic legal norms?
- Transparency: How will it be ensured that Iranian citizens in Switzerland learn about this change and know their rights?
- Reciprocity: Why does Iran hold onto the law of nationality while Switzerland opens up? Where are the limits of adaptation?
- Practical Implementation: How will existing proceedings under old law be treated retroactively?
- Innovation: Could this model be transferred to other state treaties?
Scenario Analysis: Future Perspectives
| Time Horizon | Expected Development |
|---|---|
| Short-term (1 year) | Parliamentary approval; first application cases in divorces and inheritances; training measures for courts |
| Medium-term (5 years) | Establishment of legal practice; reduction of procedural durations; possible review of similar treaties |
| Long-term (10–20 years) | Modernization of other bilateral treaties; strengthening of the rule of law principle in international private law |
Main Summary
Core Topic & Context
A state treaty from 1934 between Switzerland and the former Persian Empire stipulated that Iranian citizens in Switzerland be treated according to Iranian law. This led to regular conflicts when Iranian regulations (e.g., on divorce, inheritance law) fundamentally diverged from Swiss principles. The Federal Council now modernizes the agreement through an amending protocol from December 2024.
Key Facts & Figures
- Treaty since: April 25, 1934 (91 years old)
- Amendment date: December 18, 2024 (signed), December 19, 2025 (Federal Council decision)
- Affected areas: Personal, family, and inheritance law
- New rule: Application of the law of domicile (lex domicilii) instead of law of nationality (lex patriae)
- Scope of application: For Iranian nationals with residence in Switzerland
- ⚠️ Scope of affected cases: No figures provided on the number of Iranian citizens or pending proceedings
Stakeholders & Affected Parties
| Group | Impact |
|---|---|
| Iranian citizens in Switzerland | Benefit: Clarity, faster proceedings, Swiss legal protection |
| Swiss courts | Relief: No more costly Iranian legal expert opinions needed |
| Swiss citizens in Iran | Asymmetrical: Swiss law continues to apply in Iran (law of nationality remains) |
| Iranian government | Receives reciprocity for its own citizens; retains law of nationality for Swiss citizens |
Opportunities & Risks
| Opportunities | Risks |
|---|---|
| Legal certainty and predictability | ⚠️ Asymmetry: Iran retains law of nationality |
| Faster court proceedings | Possible cultural/religious resistance in Iran |
| Cost savings (no expert opinions) | Unclear transitional solutions for pending cases |
| Strengthening of the rule of law principle | Limited transparency on actual case numbers |
| Model for other treaties | Political tensions in case of foreign policy crises |
Action Relevance
For decision-makers:
- Advance parliamentary approval promptly
- Train courts and authorities (new legal practice)
- Inform affected Iranians (clarify transitional regulations)
- Review similar anachronistic treaties
For citizens and businesses:
- Obtain legal advice for pending proceedings
- Use new legal situation for clarity in inheritance and family matters
Quality Assurance & Fact-Checking
- [x] Central statements verified (treaty date 1934, amendment 2024)
- [x] Unconfirmed data marked with ⚠️
- [x] No political distortions detected
- [ ] Case numbers and practical impacts not quantified – Information gap
Supplementary Research
- Federal Office of Justice (BJ): International Private Law – bj.admin.ch
- State Secretariat for Migration (SEM): Statistics on Iranian citizens in Switzerland
- Legal academic literature: Modernization of bilateral treaties in international private law
Source Directory
Primary Source:
Federal Council Press Release – "Swiss Law Should Also Apply to Iranians in Switzerland" (19.12.2025)
news.admin.ch
Attached Documents:
- Message for approval of the amending protocol (PDF, 366.94 kB)
- Amending protocol of December 18, 2024 (PDF, 219.48 kB)
Verification Status: ✓ Facts checked on December 19, 2025
This text was created with the support of Claude Haiku.
Editorial responsibility: clarus.news | Fact-checking: 19.12.2025