Art. 855 Schweizerisches Zivilgesetzbuch (ZGB)

LF240114 · zh (Art. 855 ZGB)

Appeal Dismissed for Insufficient Proof of Bearer Note Loss

This provision establishes the requirement that a paper debt certificate cannot be deleted from the land register until it has been invalidated or declared void by a court, which is the subject matter of the claim.

NE200004 · zh (Art. 855 ZGB)

Appeal dismissed due to lack of interest and procedural flaws.

Referred to in the context of the extinction of the debt from the deed of charge and the pledge.

ML.2013.156 · vd (Art. 855 al. 2 CC)

Creditor's Dual Claim Enforcement Against Debt Secured by Fiduciary Mortgage Certificate

Cited in the reasoning regarding the dispositive nature of novation concerning mortgage certificates, allowing parties to stipulate otherwise.

32 13 12 30 · be (Art. 855 ZGB)

Land Registry Deletion of Unendorsed Bearer Bond Requires Prior Invalidation

Cited in the reasoning to establish that the deed cannot be deleted before the bond title is invalidated or legally declared void, which underpins the rejection of the appeal regarding the deletion of the bearer note.

44.2011.PBH · vd (art. 855 al. 1 CC)

Bank v. Debtor: Real Estate Security Enforcement and Debt Liberation Dispute

Cited in the reasoning regarding novation when mortgage bonds are constituted.

44.2011.PBH · vd (art. 855 al. 2 CC)

Bank v. Debtor: Real Estate Security Enforcement and Debt Liberation Dispute

Cited in the reasoning regarding the dispositive nature of novation upon constitution of a mortgage bond.

CC.2006.106 · ne (Art. 855 al.1 CC)

Mortgage Bond Enforcement Limit and Excessive Interest Rate

Cited in reasoning regarding the principle of novation upon constitution of a mortgage note, which was deemed not to apply here.

ML.2010.217 · vd (art. 855 al. 1 CC)

Mortgage Bond Transfer as Security Justifies Partial Provisional Release of Debt Claim

Cited to explain the legal principle of novation when a mortgage bond is constituted, forming part of the substantive reasoning that leads to the application of Art. 82 LP.

ML.2011.86 · vd (art. 855 al. 1 CC)

Foreclosure on Bearer Mortgage Notes Subject to Fiduciary Accounting of Underlying Credit Facility

Mentioned in the reasoning section regarding novation upon creation of a mortgage note, but not cited in the final operative orders (I-V).

ML.2011.90 · vd (art. 855 al. 1 CC)

Creditor's Enforcement Limited by Underlying Causal Claim in Foreclosure

Cited in the reasoning regarding the novation effect when a mortgage note is constituted.

ML.2011.90 · vd (art. 855 al. 2 CC)

Creditor's Enforcement Limited by Underlying Causal Claim in Foreclosure

Cited in the reasoning as the dispositive rule allowing parties to contractually deviate from the novation rule regarding the mortgage note.

14.2010.1 · ti (art. 855 cpv. 1 e 2 CC)

Appeal Regarding Provisional Rejection of Opposition to Enforcement on Real Estate Pledge Secured by Fiduciary Mortgage Note

Cited in the final orders, concerning the nature of the transfer of the mortgage note in direct and indirect guarantee.

ML.2009.24 · vd (Art. 855 al. 1 CC)

Appeal Regarding Extinction of Loan Debt by Mortgage Novation

This article, concerning the novation effect of creating a land charge certificate (cédule hypothécaire), was used as the main ground for establishing that the underlying causal debt was extinguished by novation.

ZK 2008 338 · be (Art. 855 Abs. 2 ZGB)

Provisional Debt Enforcement Based on Debt Certificates and Joint Liability for Family Needs under Art. 166 SCC

Cited in the reasoning regarding the non-novation of the underlying claim in a security assignment.

C/21762/2006 · ge (Art. 855 al. 1 CC)

Appellant's Liability on Debt Acknowledgment Following Collateral Realization and Debt Cession

Cited in the reasoning concerning the novation effect upon the constitution of a mortgage certificate.