Swiss Civil Code (SCC)

Art. 828SCC from 2023

Art. 828 a. Conditions and procedure

¹ Where a property is mortgaged for more than its value in respect of debts for which the acquirer is not personally liable, and providing no debt enforcement proceedings are pending, cantonal law may authorise the acquirer to redeem the mortgage rights either by paying the purchase price to the creditors or, where the property was acquired without payment, the amount at which he or she values the property.

² He or she must give the creditors six months’ notice in writing of his or her intention to redeem the mortgage.

³ The redemption amount is distributed among the creditors according to their rank.