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Art. 151 – Request for debt enforcement

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Art. 151302

1

Any person who initiates debt enforcement proceedings for a claim secured by a pledge (Art. 37) must, in addition to the details listed in Article 67, specify the pledged asset in the request for debt enforcement. In addition, the following must be stated in the request where applicable:

a.

the name of the third party who created the pledge or acquired ownership of the pledged asset;

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b.303 the use of pledged immovable property as a family home (Art. 169 CC304) or as a joint home (Art. 14 Same-Sex Partnership Act of 18 June 2004305) for the debtor or the third party.

2

If a creditor initiates debt enforcement proceedings on the basis of a pledge on which a third party has a subordinate pledge (Art. 886 CC), the creditor must notify the third party of the initiation of the debt enforcement proceedings.

  1. 302 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1).
  2. 303 Amended by Annex No 16 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
  3. 304 SR 210
  4. 305 SR 211.231
Legal act context
SR 281.1 · DEBA · Federal act · Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA)
Structure path
Title Four Debt Enforcement by Realising a Pledge A. Request for debt enforcement
Language
English (en)
Data status
2026-01-01

Available language versions

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