210 ZGBCC

CH AI generated

Art. 779b Swiss Civil Code (CC)

CC; Division Two: Limited Rights in rem; Title Twenty-One: Easements and Real Burdens; Chapter Two: Usufruct and other Personal Servitudes; C. Building right; III. Nature, scope and noting

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Legislator summary

AI generated

Contractual provisions on the nature and scope of a building right, such as location, design, size and purpose of the buildings, as well as on the use of land which, although not built on, is used in the exercise of the building right, are binding on every new owner of the right and the servient property. Additional contractual provisions may be noted in the land register, if the parties so agree. {note: Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 ( AS 2011 4637; BBl 2007 5283).}

Art. 779b CC

Contractual provisions on the nature and scope of a building right, such as location, design, size and purpose of the buildings, as well as on the use of land which, although not built on, is used in the exercise of the building right, are binding on every new owner of the right and the servient property.

Additional contractual provisions may be noted in the land register, if the parties so agree.

← Art. 779a CC Swiss Civil Code (CC) Art. 779c CC →

Court Decisions Applying This Provision (6)

VVGE.1971.75.Nr.47 · ow (Art. 779b ZGB)

Land Registry Rejection of Building Right Unfounded Due to Mortgage and Misapplied Civil Code Article

Cited to clarify that the article does not establish a formal requirement for the registrability of a building right agreement, but rather defines the binding nature of its contractual provisions.

WBE.2021.468 · ag (Art. 779b Abs. 2 ZGB)

Building Right Notation in Land Register Upheld

Cited as the legal basis for the possibility of noting other mandatory provisions of the baurecht contract, including those related to 'Heimfall', as real obligations.

C/157/2019 · ge (art. 779b CC)

Surface Right Holder Liability and Unjust Enrichment

Cited in the reasoning regarding the superficiary's right of use over the non-built land and the binding nature of contractual provisions inscribed in the land register.

C/157/2019 · ge (art. 779b al. 1 CC)

Surface Right Holder Liability and Unjust Enrichment

Cited in the reasoning concerning the mandatory nature of contractual provisions inscribed in the land register.

C/157/2019 · ge (art. 779b al. 2 CC)

Surface Right Holder Liability and Unjust Enrichment

Cited in the reasoning regarding contractual provisions that can be annotated in the land register.

LB240008 · zh (Art. 738 i.V.m. Art. 781 sowie Art. 779b Abs. 1 ZGB)

Landowner Claim for Removal of Building Restriction Servitude Due to Loss of Beneficiary Interest

Cited in the reasoning on the rules determining the content and scope of a personal servitude.