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