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;
b.1the use of pledged immovable property as a family home (Art. 169 CC2) or as a joint home (Art. 14 Same-Sex Partnership Act of 18 June 20043) for the debtor or the third party.
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.
Footnotes
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). ↩