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217.100 KGBVOCRF CH-GR

Art. 17 Ordinance on the Land Register in the Canton of Graubünden (KGBV) - 4. Assignment of the Role of Plaintiff

Introduction of the Federal Land Register
Open official source Full Act (32 Articles) Machine-readable Markdown (.md)

Art. 17 KGBV · 4. Assignment of the Role of Plaintiff

1. The supervisory authority assigns the plaintiff's role following a summary examination.

2. Generally, the plaintiff's role is assigned to

a) the party asserting a right not executed in the land register or requesting an amendment of an entry;

b) the party disputing an existing registered right, wholly or partially.

3. With the assignment of the plaintiff's role, the supervisory authority sets a reasonable deadline to bring the matter before the competent court.

4. If the deadline expires unused, the case will be handled according to the assignment of the plaintiff's role.

5. The deadline set must include reference to the possibility of securing the claim through a provisional entry according to Article 961 of the Swiss Civil Code.

← Art. 16 KGBV Ordinance on the Land Register in the Canton of Graubünden (KGBV) - Jurisdiction Art. 18 KGBV - Publication of Completion →

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Court Decisions Applying This Provision (1)

R 2021 102 · gr (Art. 17 Abs. 2 lit. a KGBV)
Assignment of Plaintiff Role in Dispute Over Unregistered Agricultural Right of Way
This provision determined that the plaintiff role should have been assigned to Beschwerdegegner 2, who asserted a right not perfected in the land register.