Son's Attempt to Continue Deceased Mother's Paternity Suit Barred by Foreign Statute of Limitations

The court reviewed an appeal concerning a paternity suit initiated by a deceased woman, which her son sought to continue, relying on assurances from the lower court that he was entitled to "continue" the existing proceedings, despite a foreign statutory deadline requiring a new filing. The appellate court reasoned that the lower court's communications, while acknowledging the son's right to bring a paternity action, did not explicitly state that Swiss substantive law applied or that he could simply enter the pending case rather than file a new one, especially since continuing the action under Swiss law was procedurally incompatible with the foreign jurisdiction's requirements for heirs to file anew. Given the international nature of the case and the son being represented by counsel, the court found that the uncertainty regarding applicable law and procedure—which would have been resolved by consulting the relevant foreign statute or Swiss conflict of laws rules—constituted gross negligence on the part of the claimant and his representatives, thus vitiating any claim to protection of legitimate expectations based on the court's ambiguous statements.