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Swiss Civil Code

Art. 895

B. Spe­cial li­en

I. Re­quire­ments

 

1 A cred­it­or has the right to re­tain chat­tels and se­cur­it­ies which have come in­to his or her pos­ses­sion with the debt­or’s con­sent un­til his or her claim has been sat­is­fied, provid­ing such claim is due and in­trins­ic­ally con­nec­ted with the re­tained ob­jects.

2 Between per­sons en­gaged in com­merce, an in­trins­ic con­nec­tion ex­ists where both the claim and the re­tained ob­jects re­late to their com­mer­cial deal­ings.

3 The cred­it­or has a spe­cial li­en provided that third parties do not have rights as a res­ult of pri­or pos­ses­sion, even if the chat­tel which he or she has re­ceived in good faith does not be­long to the debt­or.