Art. 102 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)

MJ230001.L.BGer · zh (Art. 102 Abs. 3 SchKG)

Rent Deferral and Forgiveness Post-Seizure Ineffective

Cited as the legal basis for the enforcement office's administration of the seized property and its role in the legal proceedings.

SCBES.2024.18 · so (Art. 102 Abs. 1 SchKG)

Appeal Against Real Estate Arrest Order and Valuation Challenge

Although discussed extensively in relation to rent assignment, this provision was not explicitly cited in the final orders (dispositive).

SCBES.2024.18 · so (Art. 102 SchKG)

Appeal Against Real Estate Arrest Order and Valuation Challenge

Although discussed extensively, this provision was not explicitly cited in the final orders (dispositive).

MJ230001.L · zh (Art. 102 Abs. 3 SchKG)

Rent Deferral Agreements and Eviction Proceedings During Administrative Receivership

Cited as the legal basis for the bailiff's administration (Zwangsverwaltung) of the foreclosed property, which underlies the entire dispute.

A/268/2023 · ge (art. 102 al. 1 LP)

Seizure Valuation and Rental Income Dispute

Cited in the reasoning section to establish that sequestration of an immovable extends to its fruits, including rents.

A/3221/2022 · ge (art. 102 al. 3 LP)

Appeal Regarding Legal Management Over Seized Rental Income in Co-Ownership

The court orders the Cantonal Enforcement Office to maintain, re-establish, or institute legal administration under this article concerning the seized co-ownership share.

15.2021.134 · ti (art. 102 cpv. 1 LEF)

Tax Seizure and Vital Minimum Challenge Appeal

Cited in the appeal reasoning regarding the alleged prejudice to the rights of the banks due to seizure.

15.2020.57 · ti (art. 102 cpv. 1 LEF)

Creditors v. Enforcement Office (Property Seizure and Net Rental Income)

Cited in the reasoning as the legal basis for the extension of the seizure to rents, which underpins the order to have the net rent paid over.

LP 19 44 · vs (art. 102 al. 1 LP)

Enforcement Office Defense in Tenant Offset Litigation

Cited in the reasoning to explain the scope of seizure, but not in the final orders.

LP 19 44 · vs (art. 102 al. 2 LP)

Enforcement Office Defense in Tenant Offset Litigation

Cited in the reasoning regarding notification to tenants, but not in the final orders.

LP 19 44 · vs (art. 102 al. 3 LP)

Enforcement Office Defense in Tenant Offset Litigation

Cited in the reasoning regarding the bailiff's duty to manage the property, but not in the final orders.

2019.11.19.zr.1 · bl (Art. 102 Abs. 3 SchKG)

De Facto Lease Validity in Foreclosed Property

Foundation for the supervisory authority's ruling that the executive authority is responsible for the administration and management of the property.

MB170012.L · zh (Art. 275 SchKG i.V.m. Art. 102 Abs. 3 SchKG)

Simulated Lease Agreement Declared Partnership; Tenancy Court Lacks Jurisdiction for Dissolution

Cited in the initial section headers, but not explicitly in the final orders, thus excluded based on strict rule application unless it was the main ground/procedure/costs. (However, given the instruction to only include provisions explicitly cited in the final dispositive orders, and since the provided text shows only the reasoning section for the final decision on costs, only cost/procedural articles from the final disposition section are confirmed.)

15.2016.115 · ti (art. 102 LEF)

Appeal Regarding Enforcement Office's Administration of Foreclosed Real Estate and Payment of Mortgage Interest

Cited in the reasoning as the general rule applicable to the administration of the sequestered fund during enforcement proceedings.

15.2015.86 · ti (art. 102 cpv. 3 LEF)

Creditor's Appeal on Seizure of Usufructuary Right

Cited regarding the execution office's duty concerning leased property under usufruct.