Art. 837 SCC from 2023
Art. 837 II. With entry 1. Cases in point (1)
1 The right to establish a statutory mortgage right applies to:1. the vendor’s claim to the sale price;2. the claims of co-heirs and other co-owners in undivided shares arising from the division of immovable property which belonged to the community;3. the claims of tradesmen and building contractors who have supplied labour and materials, or labour alone, for construction or other works, for demolition work, scaffolding work or for securing the construction pit or similar on the property whether the debtor is the owner of the property, tradesman or building contractor, tenant or any other person with rights to the property.
2 If a tenant or other person with rights to the property is liable for debts due to tradesmen or building contractors, the claim is valid only if the property owner has consented to the work being done.
3 The beneficiary may not waive such statutory mortgage rights in advance.
(1) 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]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
