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210.100 EGZZGBLICC CH-GR

Art. 133 Introductory Act to the Swiss Civil Code (EGzZGB) - 4. Procedure

**Specific Part - Property Law - Mortgage Law**
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Art. 133 Introductory Law to the Civil Code (EGzZGB) - 4. Procedure · 4. Procedure

1. Anyone asserting a statutory lien or wishing to prevent its extinction through registration in the land register must issue a contestable lien order.

2. This must be briefly justified and, in particular, must specify the lien owner, the lien object, the secured claim including interest and costs, the debtor of the public claim, and the calculation basis of the claim, and must include instructions on legal remedies; if applicable, registration in the land register must be ordered.

3. The entitled party may order a notice of a provisional registration in the land register before hearing the affected parties. In this case, the lien order must be issued within a peremptory period of 60 days from the provisional registration.

4. The lien order is subject to the same objection and contestation possibilities as the secured claim. The lien owner, if not identical with the debtor, must be granted access to the files, insofar as necessary.

← Art. 132 EGzZGB - 3. Formation and Duration Introductory Act to the Swiss Civil Code (EGzZGB) - Designations Art. 134 Introductory Act to the German Civil Code (EGzZGB) →

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Court Decisions Applying This Provision (3)

PVG 2011 14 · gr (Art. 133 Abs. 4 EGzZGB)
Communal Real Estate Gains Tax Competence During Property Transfer
Cited to establish that mortgage order rights are subject to the same appeal possibilities as the secured claim, allowing the appellants to challenge the underlying communal assessment.
U 2010 124 · gr (Art. 133 EGzZGB)
Property Owner Challenges Remedial Work Costs and Statutory Lien
Cited by the municipality as the legal basis for the definitive entry of the lien, and implicitly upheld by the court's decision to dismiss the appeal concerning the definitive lien.
A 2008 31 · gr (Art. 133 Abs. 1 und 2 EGzZGB)
Property Owner Liability for Prior Water Connection Fees and Statutory Lien Enforcement
Details the formal requirements for the required lien notice (Pfandrechtsverfügung), which was deemed correctly issued.