Art. 85 Regolamento del Tribunale federale del 23 aprile 1920 concernente la realizzazione forzata dei fondi (RFF)

AGVE.2000.7 · ag (Art. 85 VZG)

Landlord's Right of Retention in Lease Agreements

Referenced regarding the scope of the objection (Rechtsvorschlag) to both the claim and the pledge.

HG220113 · zh (Art. 85 VZG)

Bank v. Corporation Regarding Land Charge Validity and Enforcement

Used to justify the lifting of the objection regarding both the claim and the pledge right in the enforcement proceedings.

ZKBES.2024.25 · so (Art. 85 der Verordnung des Bundesgerichts über die Zwangsverwertung von Grundstücken (VZG))

Insurance Provider Debt Collection vs. Co-Owner Regarding Property Lien

Although cited in the reasoning regarding the scope of the objection, it was not explicitly mentioned in the operative part (dispositive) as the basis for the final order.

NE200004 · zh (Art. 85 VZG)

Appeal dismissed due to lack of interest and procedural flaws.

A stay of execution in foreclosure proceedings applies to both the debt and the pledge.

ML.2017.78 · vd (Art. 85 ORFI)

Creditor Appeal Regarding Provisional Lifting of Opposition to Movable Pledge Realization Denied Due to Lack of Proof and Procedural Defects

Cited by analogy to establish that the objection in a realization of movable pledge covers both the claim and the pledge.

ML.2014.289 · vd (Art. 85 ORFI)

Cantonal Court Upholds Provisional Lifting of Foreclosure Opposition Based on Fiduciary Transfer of Bearer Mortgage Notes, Modifying Amount to Proven Debt Balance

Cited in the reasoning concerning the requirement to demonstrate both the claim and the real security right in proceedings for realization of a real security right.

ML.2014.56 · vd (Art. 85 ORFI)

Insurer v. Debtor's Spouse on Fire Insurance Premium Enforcement

Cited in the reasoning regarding the requirements for lifting opposition concerning both the claim and the real estate right of pledge.

14.2012.153 · ti (art. 85 RFF)

Creditor's Claim for Provisional Rejection of Opposition Based on Mortgage Bond Held Insufficient Without Original Bond Document

This provision relates to the presumption of opposition against the lien right, which was central to the court's reasoning for rejecting the request.

ML.2012.74 · vd (Art. 85 ORFI)

Creditor's Appeal Rejected in Foreclosure Proceeding Over Insufficient Proof of Loan Conditions and Termination Notice

Cited as the rule governing the creditor's burden of proof regarding the claim and the collateral in a forced realization of a mortgage claim.

ML.2012.77 · vd (Art. 85 ORFI)

Creditor Foreclosure Action: Proof of Loan Termination for Capital Claim Insufficient

This provision is cited as a legal basis for the continuation of the procedure concerning the realization of a real estate guarantee.

ML.2011.322 · vd (Art. 85 ORFI)

Artisan's Lien Inscription vs. Definitive Debt Enforcement Title

Cited as the legal rule governing the maintenance of opposition in real estate foreclosure proceedings if the creditor fails to establish both the claim and the security right by documentary evidence.

ML.2011.177 · vd (Art. 85 ORFI)

Foreclosure Lien Registration Insufficient for Definitive Opposition Lift

Cited in the reasoning sections regarding the requirement to establish both the claim and the security right in the context of enforcing a real guarantee (gage immobilier).

ML.2010.217 · vd (art. 85 ORFI)

Mortgage Bond Transfer as Security Justifies Partial Provisional Release of Debt Claim

Cited to explain the requirement for the creditor to establish both the claim and the real right of pledge in a real estate foreclosure proceeding, which is the context of the main decision.

ML.2011.90 · vd (art. 85 ORFI)

Creditor's Enforcement Limited by Underlying Causal Claim in Foreclosure

Cited in the reasoning regarding the maintenance of opposition when the creditor fails to establish both the claim and the lien.

14.2010.1 · ti (art. 85 RFF)

Appeal Regarding Provisional Rejection of Opposition to Enforcement on Real Estate Pledge Secured by Fiduciary Mortgage Note

Cited in the final orders, concerning the presumption that opposition in realization of pledge extends to both the credit and the pledge right.