Art. 866–874 Schweizerisches Zivilgesetzbuch (ZGB)

C/15670/2014 · ge (Art. 872 CC)

Mortgage Foreclosure Provisional Lifting: Debtor Identification and Causal Debt Enforceability

Cited in the reasoning concerning the exceptions the debtor can raise against the pursuing creditor when the abstract claim and the causal claim coexist.

HE120284 · zh (Art. 869 Abs. 3 ZGB)

Provisional Construction Lien Registration Confirmed Pending Ordinary Proceedings

Cited in the reasoning regarding the inadmissibility of the bank guarantee offered by the defendant as sufficient security.

ML.2012.102 · vd (Art. 872 CC)

Foreclosure Opposition Lifted Despite Notice and Signature Disputes on Partial Debt

Cited in the reasoning concerning the debtor's right to oppose the creditor beyond the causal debt amount when a collateral security is transferred.

44.2011.PBH · vd (art. 872 CC)

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

Cited in the reasoning regarding the pactum de non petendo in fiduciary transfers.

160.2010.DCA · vd (art. 870 al. 3 CC)

Annulment of Real Estate Sale Due to Forged Power of Attorney and Notary Liability

Cited in the reasoning section leading to the final order (III) concerning the rejection of the Plaintiffs' claim for cancellation of mortgage notes.

C/5683/2008 · ge (Art. 873 CC)

Property Owner v. Creditor Regarding Fiduciary Transfer of Mortgage Notes for Loan Security

Cited in the reasoning regarding the debtor's right to demand the title upon full payment of the debt, which is analogously applied to the third-party owner to justify the restitution of the notes.

ML.2010.217 · vd (art. 872 CC)

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

Cited as the legal basis for the debtor's defense (exception based on a pactum de non petendo arising from fiduciary transfer), which limits the recoverable amount under Art. 82 LP.

ML.2011.86 · vd (Art. 872 CC)

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

Mentioned in the reasoning section regarding the debtor's ability to raise the pactum de non petendo as an exception at the lifting stage, but not cited in the final operative orders (I-V).

ML.2011.87 · vd (Art. 872 CC)

Fiduciary Mortgage Notes Foreclosure and Partial Debt Exigibility

Cited in the reasoning as the basis for the pactum de non petendo, which limited the amount for which provisional release could be granted.

ML.2011.90 · vd (art. 872 CC)

Creditor's Enforcement Limited by Underlying Causal Claim in Foreclosure

Cited in the reasoning regarding the debtor's right to raise a pactum de non petendo against the secured creditor in the release procedure.

ZK 2008 338 · be (Art. 868 Abs. 1 ZGB)

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

Cited to support the requirement to present the debt instrument as a security instrument in original form in safeguard proceedings.

ZK 2008 338 · be (Art. 872 ZGB)

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

Cited regarding the possibility of raising objections against the underlying relationship in proceedings based on a security assignment.

14.2003.52 · ti (Art. 874 CC)

Creditor Provisional Debt Collection Based on Mortgaged Promissory Notes Upheld on Appeal

Cited in the final order list concerning the contractual modification of the notice period for mortgage notes.

CCC.2001.114 · ne (art. 872 CC)

Mortgage Foreclosure Objection Overruled Due to Valid Note Transfer and Abuse of Rights Doctrine

Cited in the reasoning to explain the exceptions a debtor can raise against promissory notes, which indirectly supports the court's conclusion on the validity of the mortgage notes.

HE120284 · zh (Art. 869 Abs. 3 ZGB)

Contractor's Provisional Lien Registration Upheld Despite Substitution Attempt

Cited in the reasoning to invalidate the bank guarantee offered by the defendant.