Future interest included in secured claims limited to two years

BGE 22 I 12Federal Supreme Court Official Reports (BGE) / Band IJun 29, 1896Not Examined

Extracted by Omnilex

Omnilex summary

The quoted rule states that, for future claims to be secured, no more than two years' interest may be included. It also requires the interest amount to be listed together with the principal amount in the acknowledgment.

Omnilex headnote

Future interest in secured claims; only up to two years' interest may be included in the security, and the total interest must be stated together with the principal in the acknowledgment. The rule serves the transparency and limitation of the secured amount; interest beyond two years is not covered by the security.

Full text

12

"Für künftig kanzleiisch zu versichernde Forderungen dürfen nicht mehr als zwei Jahreszinsen mit versichert werden und es ist die Zinssumme vereint mit der Schuldsumme im Bekenntnisse aufzuführen."

Keywords

secured claimsfuture interestinterest limitationacknowledgmentprincipal amount

Extracted by Omnilex

Key legal question

Whether future interest included in a secured claim may exceed two years.

Extracted holding

Only up to two years' interest may be included in the security, and the interest sum must be stated together with the principal in the acknowledgment.

Extracted reasoning

The quoted rule limits the scope of security for future claims to two years of interest and requires transparent statement of principal and interest in the acknowledgment.

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