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210.2 CH-OW

Act Supplementing the Introductory Act to the Swiss Civil Code

14 Articles / Provisions · Switzerland · Canton of Obwalden
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Table of Provisions (14)

Statutory Text (14 Articles)

Repayment of Ancient Gült* Overreach *Note: "Gült" refers to a form of long-term obligation or traditional payment right in historical Germanic law.

1. The cancellation of encroachments of "Altgülten" (historical land charges) must be conducted simultaneously with the land register correction.

2. The correction publication must make mention of the fact that encroachments of "Gült" (land charges) are to be canceled.

3. Insofar as the land register correction has already taken place without the existing encroachments being canceled, the cancellation procedure must be completed within two years after the enactment of this law.

4. If mortgage certificates are to be established on a property encumbered with encroachments of "Altgülten," these encroachments must be canceled before the issuance of the mortgage certificates.

Repayment of Ancient Gült* Overreach *Note: "Gült" refers to a form of long-term obligation or traditional payment right in historical Germanic law.

1. All encroachments of old obligations, insofar as their amount does not exceed half of the true value of the collateral yielding interest, are declared and extinguished as materially worthless in principle.

2. Fundamental to the valuation of these collaterals is the last official appraisal of the property conducted within a ten-year period, provided that there has not been a significant change in its value since that time.

3. If the amount of the old obligations does not burden the interest-yielding property beyond half its value according to the assessment of the Land Registry Commission, no appraisal needs to be ordered unless such is requested by an interested party.

Repayment of Ancient Gült* Overreach *Note: "Gült" refers to a form of long-term obligation or traditional payment right in historical Germanic law.

1. If the owner of the overarching ancient duty in question or the owner of the burdened or overreached property believes that the value amount underlying the redemption process does not reflect the true value of the property, each of them is entitled to request an appraisal, provided that an appraisal under the new law has not taken place in the last two years.

Repayment of Ancient Gült* Overreach *Note: "Gült" refers to a form of long-term obligation or traditional payment right in historical Germanic law.

1. Insofar as an encumbered property is burdened with older obligations exceeding half of its value, which extend to other properties, such obligations must be redeemed if the holders of the obligations do not voluntarily relinquish their encroachments.

Repayment of Ancient Gült* Overreach *Note: "Gült" refers to a form of long-term obligation or traditional payment right in historical Germanic law.

1. For the redemption, the owners of the properties subject to interest and those burdened by encroachments are jointly and severally liable in equal parts.

2. Each of them can release themselves from co-liability by either assuming the entire bond at its nominal value or requesting its auction, in which case any difference between the proceeds and the nominal value must be borne by the bondholder and by the owners of all encumbered properties.

3. The cantonal bank will assist those obligated to redeem by granting loans, as far as necessary and provided that security is given.

Repayment of Ancient Gült* Overreach *Note: "Gült" refers to a form of long-term obligation or traditional payment right in historical Germanic law.

1. The owner of any encumbrance affected by this law is required to deposit the original encumbrance, or in the case of parts of an encumbrance, an extract, with the land registry official upon request, in exchange for a receipt. If this request is not complied with within 14 days, it is deemed a waiver of the rights of preemption.

Repayment of Ancient Gült* Overreach *Note: "Gült" refers to a form of long-term obligation or traditional payment right in historical Germanic law.

1. The owner of the property subjected to the cadastral rectification must advance the probable costs of the proceedings but is then entitled to require reimbursement from the owners of the properties that are freed from encroachments, in proportion to the relevant amounts.

2. The costs of the official appraisal requested under Article 3 must be advanced by the interested party who requests it.

3. In the event of disputes over cost coverage, the land registry commission shall decide on the matter.

Consolidation of Legacy Securities

1. Outdated Liens and Extracts from Outdated Liens of amounts under Fr. 100.- are to be either redeemed or consolidated into entries amounting to at least Fr. 200.- during the land register rectification, wherever and to the extent that the land register commission deems it useful in the interest of organizing or enhancing the creditworthiness of liens.

Consolidation of Legacy Securities

1. Owners of security items under CHF 100 are obliged, at the discretion of the Land Registry Commission, to either transfer them for cash or for other security items that do not offer lesser security.

Consolidation of Legacy Securities

1. It is reserved for the cantonal bank, whenever possible, to support the consolidation of annuities by granting temporary loans at an interest rate that avoids losses for both the debtor and creditor.

2. In any case, loans granted for this purpose are to be repaid with annuities of at least 10%.

Consolidation of Legacy Securities

1. Where there are no executed instruments for perpetual rent charges ("Altgülten"), such instruments shall be issued at the expense of the claimants during the land register rectification process.

Consolidation of Old Valid Posts

1. No extracts from perpetual charges for amounts under CHF 200.- shall be issued.

Revision of Article 174 of the Introductory Act to the Civil Code

1. ...[1]

Final Provision

1. This law shall come into force immediately, and the Government Council is tasked with its publication.

2. The Cantonal Council is authorized to enact the necessary execution provisions.

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