Swiss Civil Code (SCC)

Art. 787SCC from 2023

Art. 787

¹ The creditor may request redemption of the real burden by agreement and also:⁶³⁰

1.⁶³¹

if the servient property has been divided and the creditor does not accept the transfer of the debt to the divided parts;

2.

if the owner reduces the value of the land without providing other security by way of replacement;

3.

if the debtor is in arrears for three years’ worth of performance.

² If the creditor requests redemption due to the division of the property, the he or she must give one year’s notice of termination within one month of the transfer becoming legally binding.⁶³²

⁶³⁰ Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

⁶³¹ Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).

⁶³² Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).