Pre-emptive Right Enforcement: Security for Costs Requirement Upheld

In a dispute concerning the enforcement of a statutory pre-emptive right over a farm, the court upheld the lower court's decision requiring the claimant to provide security for costs amounting to CHF 45,000 due to his apparent lack of assets. The court reasoned that the proffered surety, offered under a specific article of the Code of Obligations, did not qualify as a valid form of security under the relevant procedural law, as it was conditional and did not offer the immediate satisfaction guaranteed by the statutorily enumerated forms of security like cash, securities, or bank guarantees. Furthermore, the court affirmed the initial calculation of the dispute value, which determined the required security amount, based on the higher monetary interest asserted by the defendants in maintaining the agreed sale price over the claimant's interest in acquiring the property at its capitalized earning value.