Questione giuridica chiave
Does the statutory legal mortgage for property gains tax secure default interest without a temporal limit?
Decisione estratta
Yes. The statutory legal mortgage covers default interest generally; Art. 818 ZGB is applied by analogy to the cantonal tax mortgage, and there is no reason to limit default interest to the last three interest periods.
Motivazione estratta
The court corrected its earlier 2001 practice, distinguishing default interest on a capital claim from recurring annual interest under Art. 818 ZGB. For a property gains tax claim, paragraph 3 of Art. 818 ZGB does not apply; paragraph 2 already covers the ancillary claims, including default interest.