Questione giuridica chiave
Whether claims of the Landwirtschaftliche Kreditkasse may be assigned under Art. 164 OR.
Decisione estratta
No. Although no statute and no party agreement excludes assignment, the nature of the legal relationship is so closely tied to the original creditor that an assignment would effectively change the content of the claim.
Motivazione estratta
Under Art. 164 OR, assignment is excluded not only by statute or agreement but also by the nature of the legal relationship. Here, claims of the Landwirtschaftliche Kreditkasse are inseparable from the creditor's personal position, so a creditor change would materially alter the claim.