Art. 717 Schweizerisches Zivilgesetzbuch (ZGB)

RBOG.1996.Nr.3 · tg (Art. 717 Abs. 1 ZGB)

Transfer of Ownership with Retention of Possession as Security for Loan Invalid Against Creditors

The appeal was dismissed because the transfer of ownership by 'Besitzkonstitut' was ineffective towards third parties due to the intended circumvention of pawn regulations.

RBOG.1996.Nr.3 · tg (Art. 717 Abs. 2 ZGB)

Transfer of Ownership with Retention of Possession as Security for Loan Invalid Against Creditors

Mentioned in passing regarding the discretion of the judge when assessing the economic purpose, but the operative decision relies on Art. 717 Abs. 1 ZGB.

NE210005 · zh (Art. 717 Abs. 1 ZGB)

Debt Fraudulent Transfer Case

The court used this provision to declare the transfer of the debt instrument invalid due to an intent to disadvantage creditors.

HE130180 · zh (Art. 717 Abs. 1 ZGB)

Plaintiff's Ownership of Backhoe in Liquidation Proceedings

This article was discussed regarding the validity of the ownership transfer against third parties, but the court found it did not apply between the parties to the contract.

12.2005.128 · ti (art. 717 cpv. 1 CC)

Sale Contract Validity and Simulated Transaction Dispute

This provision governs the ineffectiveness of property transfer towards third parties when the seller retains possession of movable property under a special legal relationship and the intent was to prejudice third parties, which was the central issue considered by the court in rejecting the claim of simulation and deciding the appeal on the merits (although ultimately finding the burden of proof for prejudice was not met).

12.2002.71 · ti (art. 717 cpv. 1 CC)

Sale with Leaseback vs. Landlord's Lien on Restaurant Inventory

The court upheld the lower court's decision based on this article, finding the property transfer ineffective against the third party (the lessor) because it was intended to circumvent manual pledge rules.

12.2005.128 · ti (art. 717 cpv. 1 CC)

Revendication of Household Goods: Simulation and Proof of Ownership Transfer

Cited in the reasoning regarding the ineffectiveness of property transfer towards third parties in specific circumstances (prejudicing them).

12.2005.128 · ti (art. 717 cpv. 2 CC)

Revendication of Household Goods: Simulation and Proof of Ownership Transfer

Cited in the reasoning concerning the judge's discretionary assessment regarding the prejudicing of creditors.

HE130180 · zh (Art. 717 Abs. 1 ZGB)

Lessor's Right to Prevent Use of Leased Excavator Pending Liquidation

Cited in the reasoning in addressing the defendant's argument against the validity of the ownership transfer towards third parties.

NE210005 · zh (Art. 717 Abs. 1 ZGB)

Creditor Action Against Spouse's Land Charge Nullification

The decision to strike the debt certificate from the registry was based on finding an circumvention of this article concerning the unauthorized transfer of assets to the detriment of creditors.

RBOG.1996.Nr.03 · tg (Art. 717 Abs. 1 ZGB)

Son's Vehicle Sale to Father Deemed Invalid Security Arrangement

The court held that the transfer of ownership by possession constitution was ineffective against third parties because it intended to circumvent the rules on chattel pledges.

RBOG.1996.Nr.3 · tg (Art. 717 Abs. 1 ZGB)

Invalid Transfer of Ownership as Security Circumventing Pledge Regulations

This provision was the basis for ruling that the transfer of ownership by possession mandate was ineffective against third parties due to the intent to circumvent regulations on chattel pledges.

RBOG.1996.Nr.3 · tg (Art. 717 Abs. 2 ZGB)

Invalid Transfer of Ownership as Security Circumventing Pledge Regulations

The court noted that the discretion granted by this article was not even needed to conclude that the agreement aimed only at security.