Drucken
Artikel, Notizen und Markierungen werden geladen... Bitte um etwas Geduld.

Swiss Civil Code

of 10 December 1907 (Status as of 1 January 2023) 2018 401; 2020 4005; 2021 312, 565, 917; 2022 109, 551

Art. 841

c. Priv­ileged claim

 

1 Where the claims of trades­men and build­ing con­tract­ors are not wholly sat­is­fied by fore­clos­ure, the short­fall must be com­pensated for by the high­er-rank­ing cred­it­ors out of such por­tion of the pro­ceeds as ex­ceeds the land value, provided it is ap­par­ent to such cred­it­ors that their li­ens have en­cumbered the prop­erty to the det­ri­ment of the trades­men and build­ing con­tract­ors.

2 If the high­er-rank­ing cred­it­or ali­en­ates his or her mort­gage se­cur­ity, he or she must com­pensate the trades­men and build­ing con­tract­ors for any sum of which they are de­prived by such ali­en­a­tion.

3 Once an in­ter­ested party has had the be­gin­ning of the work noted in the land re­gister, un­til the time lim­it for re­gis­tra­tion has ex­pired, li­ens may only be re­gistered in the form of mort­gage con­tracts.