Swiss Civil Code


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Art. 779d636

2. Com­pens­a­tion

 

1 The landown­er must pay the hold­er of the ex­pired right ad­equate com­pens­a­tion for the build­ings which have re­ver­ted to his or her own­er­ship, but such com­pens­a­tion is sub­ject to the out­stand­ing claims of cred­it­ors to whom the build­ing right was pledged as se­cur­ity and is not pay­able to the hold­er of the build­ing right without their con­sent.

2 If the com­pens­a­tion has neither been paid nor se­cured, the hold­er of the ex­pired right or a cred­it­or to whom the build­ing right was pledged as se­cur­ity may re­quest that a mort­gage right be re­gistered in place of and with the same rank as the ex­pired right as se­cur­ity for the com­pens­a­tion claim.

3 Such re­gis­tra­tion must be made with­in three months of ex­piry of the build­ing right.

636In­ser­ted by No I of the FA of 19 March 1965, in force since 1 Ju­ly 1965 (AS 1965 445; BBl 1963 I 969).

 

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