Commentaries: Art. 94

Hanging and standing crops may not be distrained:
in the meadows before 1 April;
in the fields before 1 June;
in the vineyards before 20 August.
Any sale before or on the specified dates of harvested crops is invalid as against the distraining creditor.
The rights of a mortgagee to hanging and standing crops as part of the pledged property are reserved, but only on condition that the mortgagee himself has initiated enforcement proceedings for realisation of the mortgage¹before the realisation of the pledged crops takes place.²

Term pursuant to No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227;BBl 1991 III 1). ↩
Amended by Art. 58 Final Title CC, in force since 1 Jan. 1912 (AS 24 233Art. 60 Final Title CC;BBl 1904 IV 1; 1907 VI 367). ↩

Art. 94