1C 11 6 • KG LU 1C 11 6 Generato dall'IA

Extinction of Retention Right Upon Provision of Bank Guarantee Security

Numero d'incarto 1C 11 6

Autorità giudiziaria Kantonsgericht · 1. Abteilung

Giurisdizione

Svizzera · Canton Lucerna (CH-LU)

Data della decisione 2011-05-04

Esito del giudizio Respinto (Dismissed)

Apri la fonte ufficiale Archivio Entscheidsuche Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The court addressed the extinction of a retention right under Articles 895 and 898 of the Civil Code when the underlying claim is secured. The retention right, which allows a creditor to withhold movable property until satisfaction of a claim and permits its realization if the claim is not adequately secured, ceases upon the provision of sufficient security. The court found that a bank guarantee, even one conditioned on the presentation of a final judgment or settlement to secure the claim, constituted sufficient security, reasoning that the creditor would need a judgment to enforce even an undisputed claim, and thus the security was not inadequate because it required such proof. Since the debtor provided a new, unlimited bank guarantee, the retention right of the creditor had already lapsed upon the filing of the security application.

Regesto Legislator

Generato dall'IA

Art. 895 ZGB, Art. 898 ZGB, Art. 372 OR, Art. 895 Abs. 1 ZGB, Art. 898 Abs. 1 ZGB; Extinction of Retention Right Upon Provision of Bank Guarantee Security: The retention right, which allows a creditor to withhold movable property until satisfaction of a claim and permits its realization if the claim is not adequately secured, ceases upon the provision of sufficient security. The court found that a bank guarantee, even one conditioned on the presentation of a final judgment or settlement to secure the claim, constituted sufficient security, reasoning that the creditor would need a judgment to enforce even an undisputed claim, and thus the security was not inadequate because it required such proof. Since the debtor provided a new, unlimited bank guarantee, the retention right of the creditor had already lapsed upon the filing of the security application.