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210 ZGBCC CH

Art. 809 Swiss Civil Code (CC)

CC; Division Two: Limited Rights in rem; Title Twenty-Two: Mortgages; Chapter One: General Provisions; C. Effect; IV. Safeguarding powers; 1. In the event of a reduction in value; b. Security, restoration, redemption
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Art. 809 CC

If the property has depreciated, the creditor has the right to request that the debtor secure his or her debts or restore the property to its previous state.

He or she may also demand security in the case of imminent depreciation.

If the debtor does not comply within the time limit set by the court, the creditor may request redemption of such portion of the debt as is appropriate to compensate for the reduced degree of security.

← Art. 808 CC Swiss Civil Code (CC) Art. 810 CC →

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Court Decisions Applying This Provision (1)

VVGE.1971.75.Nr.47 · ow (Art. 809 ZGB)
Land Registry Rejection of Building Right Unfounded Due to Mortgage and Misapplied Civil Code Article
Cited as a legal remedy available to mortgage creditors in case of a reduction in the value of the pledged property.