Key Benefits:
On 23 April 1920 (State 1 Er January 2012)
The Federal Court,
Pursuant to s. 15 of the Federal Act of April 11, 1889 on the Prosecution of Debts and Bankruptcy (LP) 2 ,
Decrees the following:
A. Scope of application
1 The provisions of this order apply to real property within the meaning of s. 655 Civil Code (CC) 2 , when they are located in Switzerland.
2 This order does not apply to the realization of the property rights of the debtor on real property owned jointly (p. Ex. Immovable property included in an undivided estate); in that regard, the order of the Federal Court of 17 January 1923 concerning the seizure and enforcement of shares of communities 3 Is applicable.
C. Registration and Annotations to the Land Registry
I. Date of requisition
The requisition of entries and annotations in the land register which are the responsibility of the prosecution and bankruptcy offices must take place immediately after the filing of the application submitted to that effect or of the requisition for sale, or after The execution of the seizure or receiver. Even where such operations are the subject of a complaint, the requisition may be postponed only if and as long as a provisional order by the supervisory authority has given the complaint suspensory effect.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
II. Jurisdiction
It is competent to requisition the Office which proceeded to the operation under which registration is required, even if it acted only at the request of another Office. In the latter case, he will send to this Office at the same time as the other pieces the double bearing receipt of the requisition (cf. Art. 5 below).
III. The mode of the land registry notification
The notification of the requisition for registration or cancellation will take place in two identical duplicate of the form, or by mail in accordance with the requirements in force for the notification of judicial proceedings (Art. 28 of the Order (1) 1 Er September 1967 on the Law on Postal Service 2 ), either by personal discount against a receipt given on one of the double. The copy provided with the receipt issued by the Land Registry Office will be kept in the official file of the prosecution or bankruptcy.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
2 [RO 1967 1447, 1969 393 1140, 1970 480 714, 1971 680 1717, 1972 2727, 1974 578 1977, 2050, 1975 2033, 1976 962, 1977 2122, 1979 287 1180, 1980 2,777, 1981 1863, 1983 1656, 1986 39 991 1991 art. 45 hp. 2, 1987 440, 1988 370, 1989 565 764 1899, 1990 1448, 1992 94 1243, 1993 62 2473, 1994 1442 2788, 1995 5491, 1996 14 470 art. 55 al. 2, 1997 270 1435. RO 1997 2461 s. 13 let. A]. See at present: the O of 26 Nov 2003 (RS 783.01 ).
IV. Restriction of the right to dispose
1. Radiation
The cancellation of the annotation of a restriction of the right to dispose will be required:
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
2 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
3 Introduced by ch. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
4 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
5 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
6 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
2. Jurisdiction
Is competent to request the cancellation of the Office provided for in Art. 4.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
A. Scope and execution of seizure
The Office shall make the seizure on the basis of the references to the land register; it shall invite the debtor to attend (Art. 91 LP) and it enters into the record of seizure as many buildings as is necessary, according to the estimate, to cover the debt in respect of capital, interest and costs (art. 97 LP).
B. Estimation
1 The estimate must determine the deemed venal value of the property and its accessories, regardless of the amount of the cadastral tax or the fire insurance tax. The claims secured by the pledge that are revealed by the land register must be indicated summarily, without the need to introduce a claim procedure in respect of them.
2 Within the period of complaint against seizure (art. 17, para. 2, LP), each of the parties concerned has the right to request, by contacting the supervisory authority and in advance of costs, that a new estimate be made by experts. Where the new estimate has been requested by a creditor, the creditor will only be able to claim the reimbursement of costs to the debtor if the estimate of the Office has been substantially modified. The cantonal supervisory authority shall act as a last resort on disputes relating to the amount of the estimate. 1
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
C. Real property on behalf of a third party
1 Real property in the land register on behalf of another person may be seized only if the creditor makes a reasonable expectation, or
2 In such cases, the Office shall, immediately after the seizure, introduce the claim procedure.
D. Integrative parts and accessories of the building
I. General
1 Matters which, according to local use, form an integral part of the building or are accessories are not mentioned in the record of seizure; they are fully understood in the seizure of the building.
2 On the other hand, things that are mentioned in the Land Registry as accessories (Art. 805, para. 2 and 946, para. 2, CC 1 ) Or whose quality of accessories may lend to doubts will be borne as such in the record of seizure, each of which is estimated separately. Where a special condition (inventory) of the accessories has been produced in the land register and corresponds to the existing objects, they may be designated and summarily estimated by categories with reference to the special condition.
3 If one of the parties concerned requests that other items still be included in the notice of seizure as accessories, that request shall be granted.
4 Disputes concerning the quality of integral parts or accessories shall be decided in the procedure for the purification of the condition of the charges (cf. Art. 38, para. 2, below). 2
II. Seizure separated from accessories
1 The accessories of a building can only be seized independently of the building if the debtor and all those whose rights result from the land register (secured creditors, etc.) agree.
2 If the accessories seized and carried out independently of the building were the subject of references to the land register, the Office shall submit to the Land Registry Office, after completion, the list of such items so that they are deleted from the register As accessories.
E. Security titles created in the name of the owner 1
1 If the debtor is in possession of securities created on the property in the name of the owner himself and if they were not seized because they were insufficient to cover the claim which is the subject of the prosecution, the Office shall keep them under Its custody for the duration of the seizure (art. 68, para. 1, let. A, below).
2 After the seizure of the building, a seizure of the securities created in the name of the owner is excluded. 2
F. Fruits
1 The seizure of the property includes a full right (s. 102, para. 1, LP) for hanging crops as well as current rents and fermages. These objects will therefore not be specifically mentioned in the record of seizure, and as long as the seizure of the building lasts, they can no longer be entered separately. However, there will be mention of the rent or farm lease contracts in the record of seizure.
2 If, prior to the seizure of the building, the fruits or households and fermages are seized separately, the secured creditors will be informed accordingly, as is prescribed for the seizure of the building (s. 15, para. 1, let. B, below).
G. Notices
1 Immediately after the seizure (provisional or final), the Office shall: 1
2 These notices will be referred to in the record of seizure.
3 In the event of an emergency, the annotation of the restriction of the right to dispose shall be required (let. (a) above) even before the record of seizure has been made.
A. Duration and exercise in general
1 As long as the seizure remains, the Office provides for the stewardship and culture of the building (art. 102, para. 3, LP), unless the latter is in the possession of a third party claiming.
2 The Office is responsible for the management even when, before the seizure, the debtor has entrusted it to a third party. He shall remain in charge even during a provisional suspension of the proceedings (Art. 57 and s. (s) and during the period of a stay granted to the debtor in accordance with s. 123 SQs (s. 143 A LP). 1
3 Under his responsibility, the Office can entrust to a third party the stewardship and culture, and even entrust the debtor of culture. In the latter case, however, the debtor is not entitled to special remuneration if, in accordance with Art. 103 LP, part of the fruits or products of the building was abandoned as a contribution to its maintenance.
4 Where it is to be expected that the income of the building will be insufficient, the Office shall have the right to charge the creditor with an advance for administrative costs (art. 105 LP).
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
B. Scope
I. Regular measures
The stewardship and culture of the seized building includes all the measures necessary to maintain the building in good condition, as well as for the collection of fruit and other products, including the ordering and payment of small Repairs, sowing and plantings, the conclusion and renewal of the usual insurance, the termination of the leases, the eviction of the tenants, the conclusion of new leases, the harvesting and sale of the fruit, the reentry of rents, and Where necessary by way of prosecution, the exercise of the lessor's right of retention, Payment of current charges (for gas, water, electricity, etc.). On the other hand, mortgage interest that matured during the term of the stewardship, or previously matured, cannot be paid.
II. Exceptional measures
1 If in the interest of good management it is necessary to make trials or to resort to other exceptional measures or involve considerable costs and there is a danger in the house, the Office will itself do the necessary; however, it Immediately inform the actions of the following creditors, including the secured creditors who have instituted proceedings (s. 806 CC 1 ), as well as the debtor, advising them that they have the right to file a complaint.
2 If there is no danger in the home, the Office will first seek their advice to the creditors and the debtor by providing them with a reasonable period of time and making specific proposals for the measures to be taken and how to cover the costs; if Time elapses without the proposals being combated, they will be accepted. If the creditors and the debtor agree to take different measures, the Office will have to follow the instructions provided, provided that the creditors are in advance of the necessary costs or that they have no resources Sufficient. If the interested parties do not agree on the attitude to be adopted, the Office will ask the supervisory authority for the necessary instructions.
C. The situation of the debtor
Until the building is carried out, the debtor cannot be required to pay compensation for the accommodation or business premises it occupies or to empty the premises.
D. Accounting
1. Stewardship Fees
1 The Office will keep a separate account of the costs of the stewardship; this account will be deposited at the same time as the distribution table and may be the subject of a complaint to the cantonal supervisory authorities; the latter shall act as a last resort. That this is not the application of the Fees Order. 1
2 The remuneration to which the third party in charge of stewardship and culture is entitled (art. 16, para. 3 above) shall be fixed, in the event of dispute, by the cantonal supervisory authorities.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
II. Income and expenditure
1 The expenditure and revenue resulting from the stewardship will be recorded by the Office in a detailed account which may be consulted at all times by the debtor and the following creditors and which will be deposited at the same time as the The distribution table.
2 Challenges will be determined by the supervisory authority.
E. Fruits and Products of the Building
1 The proceeds of the fruit and the rents and fermages collected will in the first place be used to cover the costs and expenses of the management and to pay the subsidies that may have been granted for the maintenance of the debtor and his family (Art. 103, para. 2, LP). The balance available shall be the subject of periodic allocations to beneficiaries after the expiry of the period for the participation of the arts. 110 and 111 LP and after prefiling of an interim distribution table. A first line of colloquy will be the winning creditors whose proceedings in respect of pledges made prior to the realization of the fruits have not been challenged.
2 If the net proceeds of natural and civil fruits are sufficient to disinterest fully the gaining and striking creditors, the prosecution will be suspended ex officio and the final distribution of the funds will be carried out, provided that the proceedings in The pledge is made in force and the time limit for the participation of the striking creditors has expired.
3 If the prosecution does not result in the completion of the building (s. 121 LP), the net proceeds of natural and natural fruits will be distributed among the following creditors who are entitled to it.
4 Where the debtor is declared bankrupt prior to the completion of the building, the net proceeds of natural and civilian fruits that have not yet been distributed shall be distributed in accordance with ss. 144 to 150 SQs, to the extent that the time limits for participation in seizure have expired (s. 110 and 111 LP); the surplus falls into the mass. 1
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
Contents of the minutes of seizure, estimate, rent and fermages
1 In the case of seizure of a share of co-ownership in a building, the record of seizure shall mention the names and homes of the debtor and other co-owners, as well as their assessed contributions (art. 646, para. 1, CC 2 ) Or their units in per-cent or per-mile (s. 712 E , para. 1, CC), and will contain the description of the condominium complex and its accessories, with an indication of the estimated value. In the case of property on a floor level, the record of seizure shall also contain the description of the share of the immovable belonging to the debtor and, where applicable, its specific accessories, with an indication of the estimated value.
2 Art. 9 above shall apply mutatis mutandis to the estimate and the summary indication of secured claims; in addition to the secured claims on the seized part, secured claims in respect of the entire building must be indicated.
3 Where the condominium units of a building have been incorporated on a floor-by-floor basis, s. 14 above shall apply mutatis mutandis to the seizure of the rents and the closing of the lease on the one hand.
B. Notices
Art. 15 above shall apply mutatis mutandis, with the following particulars:
C. Challenge of co-owner rights or the specified proportion of the debtor's share
1 If the creditor requires the seizure of the building itself because it intends to challenge the rights of the co-owners, the Office will be required to grant that application, but at the same time it will impartially provide the creditor with the time limit under s. 108 SQs for action to challenge the claim. 2
2 This procedure will also have to be applied where the creditor claims that it is a common property and not a co-ownership or that the debtor's share is not the one indicated.
3 If the action is not brought within the time limit or if the creditor is dismissed, the Office will seize the share entered in the land register.
Administration
1 The administration rights of the debtor in the building as such and, in the case of property on a floor level, the administration rights of the debtor on the parts of the building belonging to the debtor pass to the Office.
2 Art. 16 to 22 of this Order shall apply mutatis mutandis.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
E. Jurisdiction
It is the office of the place where the thing is located (art. 24 below) who is still competent to practice seizure and provide stewardship.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
1 Where the property to be seized is situated in another district of prosecution, the Office will charge the execution of the seizure by the person in charge of that district or, if the building is located in several districts, the person in which the person is located The part that has the greatest value (art. 89 LP); it will indicate the amount for which it should be seized.
2 The required Office shall execute the seizure in accordance with the provisions of Art. 89 and 90 SQs and Art. 8, 9, 11, 14 and 15 above; he shall deliver the record of seizure, of which he shall keep a copy, to the requesting Office and shall attach the receipt copy of the requisition for the restriction of the right to dispose. The requesting Office inserts the contents of the minutes transmitted in the original of its record of entry, and sends a copy thereof to the parties (Art. 114 LP) and it provides, where appropriate, for the fixing of time limits. 1
3 The stewardship and culture of the building (art. 16 to 21 above) are the exclusive responsibility of the Office, which may also be responsible for the distribution of the proceeds of the building to creditors in accordance with Art. 22 above.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
A. Timeframe for completion 1
1 The creditor in favour of a provisional seizure may require the building to be carried out only after the seizure has become final and has elapsed six months since the provisional seizure. The time when the provisional seizure has turned into a definitive seizure forms the starting point of the period during which enforcement may be required (Art. 116 and 118 LP).
1 Repealed by c. I of the O du TF of 5 June 1996 (RO 1996 2900).
B. Separate Realization of Accessories
Where the seizure also includes movable objects constituting accessories to the building (art. 11 above), they can only be carried out separately with the consent of all concerned. If the separately realized accessory was mentioned in the land register, the Office will observe the requirement of art. 12, para. 2, above.
C. Land register extract sequence
1 After informing the debtor of the requisition for sale (art. 120 SQs), the Office will request an extract from the land register in respect of the building to be completed or, if such an extract has previously been issued to it, the Office will verify it by the Land Registry Office to make the necessary modifications And certify it in accordance with the current contents of the register.
2 By questioning the debtor the Office will monitor and, if necessary, correct the particulars of the extract from the land register relating to the name and domicile of the gagor creditors.
D. Publication and Notice of Sale
I. Publication
1 The date of the auction must be fixed in such a way that the period of complaint against the conditions of sale has expired before the day of the auction.
2 In addition to the particulars required by s. 138 LP, the publication of the sale must include the name and address of the debtor, the exact description of the building being offered for sale, and the amount of the estimate. 1 The summation to the winning creditors (art. 138, para. 2, c. 3, LP) must be supplemented in that sense that the said creditors are also required to inform the Office whether the secured claim by pledge has expired or has been denounced for reimbursement in whole or in part, if so, for what amount and for what date.
3 The summons provided for in s. 138, para. 2, c. 3, LP, should also address all holders of easements who have been born under the former cantonal law and have not yet been registered. They will be notified that the unannounced easements will not be enforceable against a bona fide purchaser of the encumbered building, unless they are rights which, also according to the CC 2 , produce real effects in the absence of registration in the land registry.
II. Special Notices
1 The special notices provided for in s. 139 SQs must be shipped as soon as the sale is published. If the estimated value of the building is indicated in the publication, the special notice will at the same time be valid as a communication of the estimate in accordance with s. 140, para. 3, P. Art. 9, para. 2 above, is applicable.
2 Special notices must be sent to all creditors who have a lien on the property or to whom it has been seized, to those who have on secured claims secured by immovable property a lien or usufruct right and who are registered The special register of creditors, the debtor, the prospective third party owner of the immovable property and all persons who own on the immovable property any right registered or annotated in the land register. Where, according to the extract from the land register, the secured creditor has appointed a representative (art. 860, 875, 877 CC 1 ), the notice must be addressed to the latter. 2
3 In special notices to secured creditors, it must be indicated whether the sale was required by a seized creditor or by a prior or post-ranking secured creditor.
4 Special notices must also be sent to holders of legal preemption rights within the meaning of s. 682, para. 1 and 2, CC. These persons will be informed by a covering letter that they can exercise their rights at the auction and how they must act for that purpose (Art. 60 A Below). 3
III. In case of return of sale
If the return of the sale was ordered only after the expiration of the time limit for the production of the expenses, it is sufficient for the new sale to be published at least fourteen days in advance and it is not necessary for the publication to contain the Prescribed in s. 138, para. 2, c. 3, P.
E. Post-publication Sursis
1 Once the sale is ordered, the debtor cannot obtain a postponement (s. 123, 143 A LP) only if you pay immediately, in addition to the down payment, the costs incurred in preparing and returning the sale. 1
2 As soon as possible, the instalments must be paid to the creditor who requested the sale.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
A. Filing date
After the expiry of the production period (Art. 138, para. 2, c. 3, LP), the Office must establish the state of the charges so that it can be deposited at the same time as the conditions of sale (Art. 134, para. 2, LP).
B. Contents
I. In general
1 The state of the loads must contain:
2 They must also be included in the statement of expenses as those which the rights holders have produced without having an obligation to do so. The charges which have been entered in the Land Register after the seizure of the building without the consent of the Office will be charged to the statement of charges, but with reference to that circumstance and with the observation that those charges shall not be taken into account Charges that as long as the striking creditors have been completely disinterested (s. 53, para. 3, below).
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
II. Free Cases and Titles Created in the Name of the Owner
1 It shall not be taken into account in the condition of the encumptions or the free boxes, nor of the securities created in the name of the owner himself who are in the possession of the debtor and who have not been seized, but which the Office has taken under his care in accordance with Art. 13 above (art. 815 CC 1 And art. 68, para. 1, let. A, below).
2 Where the securities created in the name of the owner have been secured or seized, they may not be sold separately, if the building itself has been seized and is put up for sale, but they will be placed in the statement of charge For the amount of the security or, if the amount for which the security was donated or entered is less, for that amount.
III. Pretentions Excluded from the Statement of Expenses
1 The rights claimed after the expiry of the production period and the claims which do not involve a charge for the building cannot be charged to the state of the charges. The Office will immediately inform the holders that their claims are excluded from the state of the charges and will notify them of the time limit for lodging a complaint (Art. 17, para. 2, LP).
2 In the case of surplus, the Office does not have the right to refuse to bear the charges which are contained in the extract of the land register or which have been the subject of a production, or to amend or challenge them or to require the production of Means of evidence. Where, after the completion of the procedure for the treatment of the state of the charges, a right holder declares to renounce a recorded charge, this waiver may only be taken into account if the charge is previously written off.
C. Communication
1 The statement of charges will be communicated to all creditors in favour of which the building has been seized, to all the secured creditors and to the holders of annotated rights (art. 959 CC 1 ) And the debtor.
2 The communication shall be accompanied by the notice that the person who intends to challenge the existence, extent, rank or chargeability of a right recorded in the statement of expenses must declare it in writing to the Office within ten days of the communication designating it Exactly the disputed right, otherwise the right will be regarded as recognised by him for the prosecution in question (Art. 140, para. 2 and 107, para. 2 and 4, LP). 2
3 If an earlier prosecution has resulted in a trial still pending on the subject of a charge contained in the statement of charges, the Office is obliged to include it in the statement of charges by indicating the parties to the trial and the conclusions reached. The outcome of the trial will also rule on the state of the charges for the new prosecution.
D. Epuration of the condition of the charges
I. Accessories
1 During the time limit for challenging the state of the expenses, a gagor creditors who have not been able to do so before may require the Office to have objects not yet listed as accessories of the building in the state of the Charges are worn (art. 11, para. 3, above).
2 Where objects have been indicated in the statement of expenses as accessories to the building (s. 34, para. 1, let. A, above), the Office shall, in the notice provided for in Art. 37 above, communicate to the secured creditors, to the debtor and, if the ownership of the objects is claimed by a third party, to that third party that, within the same time limit, they may challenge to the Office the quality of the accessories of those objects or of certain Of them.
3 If the property of the accessories is at the same time claimed by a third party, the time limit of ten days to challenge that claim (Art. 107, para. 2, LP) shall be fixed to all striking and gaining creditors and to the debtor. 1
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
II. Distribution of roles in the trial and for
If the statement of expenses is disputed, the Office proceeds in accordance with Art. 107, para. 5, P. In the case of a right registered in the Land Register and whose existence or rank depends on the registration, or a valid pledge right without registration, the role of the applicant shall be assigned to the applicant for the modification or cancellation of that right. Right.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
III. Complements or modifications made by the Supervisory Authority
Where, subsequent to a complaint, the supervisory authority completes or rectifies the state of the charges, the Office is required to communicate to the parties concerned the complement or amendment by reestablishing a ten-day challenge period.
1 Repealed by c. I of the O du TF of 5 June 1996 (RO 1996 2900).
IV. Debtors recognized by the debtor and successfully challenged by a creditor 1
Where a claim has been successfully challenged by a creditor, but by not disputing it, the debtor has recognized it, the claim may require that the building be auctioned first with, then without the alleged charge, and That, if the price offered for the building with the charge is sufficient to disinterest the creditor who has challenged the claimed right, the building will be awarded on the basis of the charge (s. 56 below).
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
V. 1 Challenge of rank and amount; relationships between creditors of the same series
1 The rank and amount of secured claims recorded in the statement of expenses can no longer be challenged, when the funds are distributed, by those who would have had the opportunity to do so in the procedure for the purification of the state of the charges.
2 If several creditors participate in the seizure, the challenge of the state of the expenses and the trial conducted by one of the creditors does not affect the other creditors of the group who did not dispute the burden.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
E. Revision of the estimate
Once the procedure for cleaning up the state of the charges has been completed, the Office will decide whether since the seizure of the amendments has occurred in respect of the value of the building, and in particular as a result of the elimination of certain charges. The results of the new estimate will be communicated to stakeholders. The provision of art. 9, para. 2, above is applicable.
Contents
I. In general
1 In addition to the indication of the debtor, the creditor at the request of which the undertaking is made, the place and the date of the sale and, in addition to the description of the building and its accessories, the conditions of sale must contain at least the provisions Following:
2 The statement of charges, completed or rectified in accordance with the outcome of any complaints or trials, will be attached as an annex to the conditions of sale.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
II. Cash Payments
1. Actual Payment
1 According to the conditions of sale, the contract awardee will be required to make cash payment on the sale price for the capital of claims due secured by conventional or legal pledge, for interest owing on claims included Moratoria and prosecution costs, for administrative costs not covered by the fruit and products collected, for the costs of implementation and for the part of the price which would exceed the total amount of secured claims. 1
2 Must be considered as due to debts, capital and interest, which, according to the statement of the final expenses, have matured at the time of the auction, including the debts secured by legal mortgage, as well as Secured debt obligations that have been the subject of prosecution, provided that the opposition has not been objected to or that the opposition has been lifted.
3 Debt-secured debts that are not payable must always be delegated to the contract awardee (s. 45, para. 1, let. A, above).
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
2. Override Alternate Payment Method
1 If the contract awardee intends to substitute the cash payment for a secured debt by means of another method of settlement (p. Ex. Recovery of debt or novation), it is necessary, in order for the Office to take account of this substitution, that, within the time limit fixed by the conditions of sale or extended agreement between all the parties concerned (Art. 63, para. 1, below), it has filed a declaration by the creditor admitting this method of settlement.
2 In the absence of such a declaration, the Office must, after the expiration of the time limit for payment, order new auctions (Art. 143 LP).
III. Delegated ettes to the contract awardee
1. On the basis of the award price
1 Collateral-guaranteed debts that are delegated to the contract awardee will also include current annual interest up to the date of sale, which will be charged on the sale price unless otherwise expressly provided for in the terms of sale.
2 If these interests are charged to the contract awardee without charge on the sale price, the rent and the current closing until the day of the sale may be attributed to it as compensation. The conditions of sale may also, in place of the day of the sale, fix another maturity as the date on which the profits and expenses of the building will pass to the contract awardee. Products already collected and those that are due, but not yet returned, cannot be attributed to the contract awardee.
2. In addition to the award price
1 The conditions of sale will be charged to the contract awardee without charge on the sale price:
2 The contract awardee may not be required to make any other payments in addition to the sale price, unless they are included in the terms of sale. 3
3. Rent or Farm Leases
When the building is subject to rent or on-farm leases, they pass to the purchaser with the property of the thing (s. 261, 261 B And 290, let. A code of obligations, CO 2 ).
4. Preemption rights
1 Conventional preemption rights (art. 216, para. 2 and 3, CO 2 ) May not be exercised at the time of sale; legal preemption rights may be exercised only to the extent specified in s. 60 A Below.
2 Where the immovable property was the subject of a right of prior refusal in the land register, that charge shall be delegated to the contract awardee as recorded in the statement of charges, unless it is subsequently radiated from the result of the double Placing at the price of the building (art. 56 below). Remains reserved for the judicial authority as to whether, according to its content, this right may be exercised on the occasion of a subsequent sale of the building or if it is extinguished.
B. Amendments
The conditions of sale can only be modified after the fact that, provided that they are refiled, published and communicated to the persons concerned in accordance with Art. 139 LP.
A. In general
1 For the calculation of the award (s. 142 A In relation to art. 126, para. 1, LP), can only be taken into account as secured claims as collateral that is preferable to that of the prosecutor (in capital, arrears interest, current interest up to the day of sale, moratoria and prosecution costs) which Have been recorded in the statement of charges and have not been challenged or have been admitted by the judge or, possibly, are still under trial during (art. 141 LP). 1
2 If the immovable property has been seized for the benefit of several sets of creditors, account shall only be taken of the secured claims in respect of the seizure which gives rise to the realization.
3 The rights of pledge that have been entered in the land register only after the seizure and without the consent of the Office will not be taken into account in the calculation of the award price, unless they have already arisen previously under Of the law itself and that they do not take precedence over all the listed charges.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
B. In case of seizure by a secured creditor when enforcement is required:
I. By the secured creditor
1 In the event that a secured creditor has filed a lawsuit by way of seizure under its secured debt obligation and has obtained the seizure of the pledged building in its favour, if it requires the sale and its claim is included in the statement of expenses (art. 53, para. 1, above), it will be sufficient, in order for the award to take place, that the offer be superior to the pre-secured claims in rank to that of the prosecutor.
2 However, where the secured creditor continued by way of seizure for the interest only or for only part of its debt, the award may be made only if the price offered even covers the capital that has not been the subject of the Pursuit.
II. By Another Creditor
In the case of seizure of the immovable in favour of a series of which the secured creditor is a member, if the sale is required by another creditor in the series, the invitation to tender may take place only on condition that the price offered also covers the secured claim By pledge, provided that it is recorded in the statement of charges.
A. Double pricing
I. In general
Where the building is to be priced successively with and without the indication of a charge (Art. 42 above and art. 104 below) and that this circumstance is not already mentioned in the conditions of sale, it will be given to the interested parties in all cases before the auction begins. With regard to the award, the following provisions shall apply:
1 In the Italian text, this article is divided into two paragraphs. The 2 E Sentence is a 2 E Paragraph.
II. Accessories
Where the immovable to be sold includes accessories, it may be required, before the auction, by the debtor, by any creditor pursuing and by any secured creditor, that the accessories be priced first separately, then en bloc with The building. If the bulk sales product is greater than the sum of the separate sales, they will be assumed to be non-avenues.
B. Offer
I. Form
1 The Office may not take the offer into account when it is subject to a condition or accompanied by a reservation or that the bidder does not articulate a specified amount.
2 The Office may, before making the award, require that those who, as representatives of a third party or bodies of a legal person, justify their powers. These powers will be attached to the record, if the representative obtains the award.
3 Bids made on behalf of persons who are not specifically named or who will be named only at a later date or legal persons still non-existent are inadmissible.
4 Written tenders shall be brought to the attention of the assistance at the beginning of the auction and shall be taken into consideration under the same conditions as the verbal offers. 1
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
II. Collective Offer
Where the offer has been made jointly by more than one person, the building shall be sold to them in co-ownership on an equal basis, unless otherwise expressed by them.
III. Cries and Adjudication
1 Each offer is screened three times, mentioning each time if it is 1 Era , from 2 E Or 3 E Shouted. The Office is required to immediately proclaim the award in favour of the bidder who made the highest bid.
2 If the terms of sale require cash in cash or the provision of security rights, the building will be awarded only after the payment or security rights have been provided; to this defect, the auction will continue, the offer immediately It will again be screened three times and the building will be awarded, if it is not made a superior offer.
IV. Exercise of legal preemption rights
1 Legal pre-emption rights can only be exercised at the auction itself and the conditions of the auction (Art. 681, para. 1, CC 2 ).
2 Conventions within the meaning of s. 681 B , para. 1, CC, which grant privileges to the holder of a pre-emption right, will not be taken into account in the auction.
3 After the highest bid has been screened three times, the one who conducts the auction will have to invite the holders, present or represented, of a right of legal preemption to declare whether they intend to exercise their right. The bidder that made the highest bid remains bound by its offer until the holders of a right of legal preemption have spoken.
4 If one of the entitled persons declares that he wishes to exercise his right of pre-emption for the price indicated in the highest bid, the building will be awarded to him. If several rights holders make this declaration in common, s. 59 above or art. 682, para. 1, 2 E Sentence, CC, if it is a joint owner, will be applicable.
C. Auction and Minutes
1 Auctions must be held without interruption.
2 Minutes of the auction will be prepared. The minutes shall follow the conditions of sale and shall be signed by the Office and the contract awardee.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
D. Insured Accessories
Where the sale includes accessories, the whole of which is the subject of an insurance contract (art. 15, para. 1, let. (c), above), the Office shall, at the auction, mention the existence of insurance. If all the insured objects are acquired by the same person, the Office will immediately notify the insurer of the transfer of ownership to the new acquirer (Art. 3 AsAss 1 ).
E. Applicant of the contract awardee
1 If the successful tenderer is still in charge of the payment of the prize and the security rights provided by him cannot be liquidated immediately without prosecution or trial, the Office will have to revoke the award and immediately order new Pursuant to Art. 143, para. 1, LP, unless all interested parties (debtor, unpaid creditors, sued creditors) give their consent to an extension of the payment period. 1 The cancellation of the auction will be mentioned in the auction record (Art. 61 above) and shall be communicated in writing to the contract awardee.
2 If the transfer of ownership has already been entered in the Land Register (Art. 66, para. 3 below), the Office will notify the revocation of the contract of the Land Registry Office and arrange for the cancellation of the registration and the accompanying annotation.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
F. New Auction
I. Publication
1 The new auction should not take place less than one month after the previous auction.
2 The publication will expressly designate them as "new auctions thereafter from the contract awardee for the payment of the price".
3 There is no need to make a new estimate of the property; similarly, no new time limit will be set for production in accordance with Art. 138, para. 2, c. 3, P.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
II. State of charges and conditions of sale
1 The statement of expenses for the previous auction also sets out for the new auction and for subsequent auctions that may be required. 1 When the agent is aware of new charges of public law which have arisen in the meantime, he will take its own account into account. In this case, it will complete the statement of charges and communicate it to the persons concerned in accordance with Art. 140, para. 2, LP (art. 37 above). Interest that was identified as current interest and which in the meantime has expired will be charged, for their amount, to the number of debts owing and payable in cash, without that change necessitates a new deposit of the state Charges.
2 In the case of surplus, the Office may, by virtue of the powers conferred on it by s. 134, para. 1, LP, amend the terms of sale. If they are amended after they have been filed, the provision of s. 52 above shall be observed.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
G. The effects of the auction
I. Registration requirement for transfer of ownership
1 The attendant is required to request registration in the land registry of the transfer of ownership resulting from the award, as soon as it is undisputed that the award will no longer be the subject of a complaint or that the complaint has been Permanently discarded.
2 In the rule, this requisition will only take place after the costs of the transfer of ownership and the award of the award have been paid in full.
3 On a special and reasoned request from the successful tenderer, the Office may, on an exceptional basis, request the registration even before, if the contract awardee provides sufficient security for the payment of the balance of the award. However, in this case it will at the same time request the annotation of a restriction of the right to dispose, in accordance with Art. 960 CC. 1
4 In the cantons which make the payment of transfer fees registration in the land register, the Office will have to stay the requisition until the amount of these rights has been paid in his hands or the evidence has not been paid to him Provided that they were paid directly.
5 If the debtor was not yet registered as a landowner (p. Ex. In its capacity as heir to the registered owner), the Office, by requesting the recordal of the transfer of ownership in favour of the contract awardee, will be able to ensure that in advance the property is registered in the name of the debtor.
1 New content according to the c. 2 of the appendix to the O of 23 seven. 2011 on the land register, in force since 1 Er Jan 2012 ( RO 2011 4659 ).
II. Person to enter
The Office may register as the owner of the land register only the one to which the building was awarded. Where a third party declares to be entitled to the sale as an assignee or holder of a contractual right of pre-emption, the Office will have to refuse to register it as the owner, even if the contract awardee gives his consent.
III. Land Registry Radiation
1 At the same time as the recording of the transfer of ownership in the land registry, the Office will request the cancellation:
2 In addition, if charges (easements, etc.) not recorded in the land register have been recorded in the procedure for cleaning up the state of the charges, registration will have to be required.
IV. Cancellation of contract documents
1 The Office must require, before the distribution of the funds, the production of the securities recording the rights of pledge, the sale of which has resulted in total or partial extinguishment. If they are not produced, the Office will nevertheless be able to provide the necessary radiation and modifications to the land registry, but it will record the amounts of those claims.
2 Such write-offs or modifications must, in this case, be published in the official sheet and must also be communicated to creditors whose names and addresses are known; these notices indicate that any disposal or implementation As a pledge of the title written off or modified for a value greater than that which it has retained will be punished as a scam.
3 If the holder of the title is unknown, the cancellation or modification shall be published by the care of the Office, as indicated in the publication of the consequences, as indicated in para. 2 above, from a disposition or pledge of title.
V. Notice to Tenants and Farmers
1 If the property sold is the subject of rent or on-farm leases, the Office shall inform the tenants or farmers of the transfer of ownership, indicating the date on which the purchaser has the right to collect rents and fermages.
2 If a term has been awarded to the contract awardee, this notice will only be given after the sale price has been paid and the cancellation of the restriction of the right to dispose annotated in the land registry will have been required by the Office.
H. Unsuccessful Auction 1
1 If the auction remains without result, either that it has not been offered, or that the offer is insufficient (Art. 142 A In relation to art. 126, para. 1, LP), or that the Office has waived the sale (Art. 127 SQs), the prosecution falls in respect of the seized property and its accessories; the seized property cannot be carried out separately, except with the consent of all interested parties (debtors, striking creditors and creditors). 2
2 The net proceeds of natural and civilian fruits of the complex (s. 22, para. 1, above), as it has not yet been distributed, as well as, possibly, the net proceeds of the realization of the claim against the emberaser (art. 72 below) will be awarded to the striking creditors and the secured creditors who continued (s. 806 CC 3 ).
3 Tenants and farmers, as well as the Land Registry Office, will be immediately informed that the seizure has fallen and, with it, the restriction of the right to dispose of it.
J. Créance contre le fol enchérisseur
1 If the contract awardee did not comply with the terms and conditions of the sale and the resulting price at the second auction (s. 63 above) is less than that of the first, the Office shall fix the amount of the claim against the Entangerer and, if not paid by the Office within the time limit, shall give notice to the striking creditors and to the Creditors whose claims have remained undiscovered, by notifying them that, if they hear that the claim is made in accordance with ss. 130, c. 1, and 131 SQs, they must apply within ten days. In the absence of a similar application, the claim will be auctioned; it will only be held in one auction. 1
2 Where the bidder had established security rights in the execution of the terms of the sale, it will be given to the creditors who have entrusted the claim or have received it in payment or to the successful tenderer of the receivable (Art. 170, para. 1, CO 2 ).
3 If the new auction also has to be revoked because of the non-execution of the conditions of the sale and if it results in an additional loss, the claim against the second bidder will be carried out in the same way as the claim against the The first.
A. Extract from the Land Registry
Where the undertaking relates to a share of the condominium, the extract from the land register which the Office must request (Art. 28 above) will provide guidance not only on the debtor's share but also on the entire building.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
B. Publication of sale; production of claims
I. Publication
1 The publication of the sale of a share of a condominium unit of a building will indicate what portion or portion thereof is owned by the debtor and will contain the description of the complex and its accessories, with an indication of the Estimated value. In the case of a property on a floor level, it shall also contain the description of the parts of the building which belong to the debtor and, where appropriate, their specific accessories, with an indication of the estimated value.
2 The summons to produce the rights of pledge and easements that arose under the former cantonal law and which have not yet been entered in the public registers (Art. 29, paras. (2) and (3) above) will relate not only to the rights of this type on the part seized, but also to the rights encumbering the building itself.
3 If it results from the extract from the land register (Art. 73 above) that the building itself is encumbered by rights of pledge, the date of sale will not be provisionally fixed; only the public warning within the meaning of para. 2 above will be done, and the Office will proceed with the purification of the state of the charges.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
II. Special Notices
1 Art. 30 above applies to special notices.
2 Where the whole complex is subject to a lien, a copy of the public notice within the meaning of s. 73 A , para. 2 and 3, above, will also be addressed to holders of security rights encumbering the whole building and to persons who, according to the register of creditors, have a right of pledge or usufruct on such a claim.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
C. State of the charges
I. Contents
The state of the charges (art. 33 s. Above) shall contain the particulars provided for in Art. 73 A , para. 1, above, on the share of the condominium to be carried out and on the whole building. It shall list separately the charges on the share and the charges on the whole building, entered in the land register or subsequently announced in the public warning (Art. 29, para. 2 and 3 and art. 73 A , para. 2, above).
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
II. Communication
The statement of expenses will be communicated to all the creditors to whom the share of the condominium has been seized, to all the secured creditors whose right of pledge on the part or the whole building, as well as to the holders of annotated rights in the register Land and the debtor.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
D. Procedure in the case of a security right in the whole building
I. Conciliation Talks
1 If it is the result of the procedure for the purification of the condition of the charges that the whole complex is subject to a pledge, it will be suspended for sale.
2 The prosecution office will seek to initiate, through discussions with creditors holding a pledge on the whole building and with other co-owners, a distribution of such pledge rights on the shares; in the event that the debtor Responds solidarily with the other co-owners of a debt guaranteed by a security right in the whole building, the Office will seek to provoke a corresponding distribution of the debt. If the talks succeed, the state of the charges will be, once the necessary changes are made to the land register, adapted to the result obtained and the debtor's share will be sold on that basis. 2
3 The Office may also seek to initiate, through discussions with the parties concerned, the dissolution of the co-ownership report, so that the prosecuting creditor may be completely or partially disinterested in the proceeds of realization Of the parcel attributed to the debtor or the debtor's share of the proceeds of the sale of the whole complex or the sum accruing to the debtor subsequent to the acquisition of its share by one or more of the co-owners (cf. Art. 651, para. 1, CC 3 ).
4 To the extent that, according to civil law, the assistance of the debtor is necessary in order to achieve the amendments of the legal reports referred to, the Office acts in the place of the debtor (Art. 23 C Above).
5 The senior cantonal monitoring authority may declare itself competent to conduct such talks with a view to an agreement or to confer jurisdiction on the lower supervisory authority.
II. Auction by auction
1 If the distribution of the pledging rights to the whole building and, where appropriate, the debt of solidarity cannot be obtained and the dissolution of the co-ownership report cannot be provoked, the share will have to be Sold after pre-publication (s. 73 A , para. 1, above) and notices to interested parties within the meaning of s. 30, para. 2 to 4, and 73 B , para. 2, above. The summons within the meaning of s. 29, para. 2 and 3 and art. 73 A , para. 2, above, will not be renewed. The forced realization of the whole building cannot be carried out without the consent of all the persons concerned, subject to the case provided for in art. 106 A Below.
2 If, before the sale of the share, a prosecution in respect of the immovable property relating to the whole building (Art. 106 A Shall be introduced, priority shall be given to that pursuit.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
E. Conditions of sale
1 The conditions of sale of a share of co-ownership must indicate, in addition to the debtor and the creditor at the request of which the undertaking is made (art. 45, para. 1 initio, above), the persons who are joint owners with the debtor.
2 When, following the failure of the conciliation talks within the meaning of s. 73 E Above, a share of a condominium of an encumbered building as such is to be carried out, the conditions of sale will specify that the successful tenderer will succeed in the entirety of the debtor with regard to the rights of pledge which, according to the state Of the charges in force, complete the whole building and the claims that are so secured, without these charges being charged to the selling price. Is reserved the case where the creditor declares to the original debtor that he intends not to waive his rights against him (art. 832, para. 2, CC 2 , 135, para. 1, 2 E LP phrase).
3 The provisions of Art. 51 above on conventional preemption rights annotated in the Land Register shall apply mutatis mutandis to the rights of preemption and opposition created under Art. 712 C CC.
F. Award Price
When calculating the minimum supply required by s. 142 A In relation to art. 126 SQs, guaranteed real estate claims on the whole building will not be taken into account.
1 Introduced by ch. I of the O of TF 4 Dec. 1975 (RO 1976 164). New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
G. Provisions applicable by analogy
Subject to Art. 73 to 73 H Above, the provisions of s. 25 to 72 above apply by analogy to the making of a share of the condominium.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
A . Competence 1
1 Where the building to be sold is situated in another district of prosecution, the requisition for sale must nevertheless be addressed to the court of prosecution, even if, since the seizure, the debtor would have transferred his domicile in a Other prosecution districts. The person responsible for the prosecution of the prosecution shall charge the person in the district of which the building is situated and shall, on his request, provide the person with the necessary advance.
2 If the building is situated in several districts, the office competent to carry out the construction shall be that in the district of which the part of the building which has the greatest value is located.
3 Where two or more properties of a pledge for the same debt have to be made together, the enforcement must be carried out by the Office of the court of prosecution if one of the buildings is situated in its district. If none of the buildings is situated in that district, the competent office shall be that in the district of which the building which has the greatest value is located.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164). According to the same provision, the c. I to V of the marginal titles have been replaced, in art. 74 to 78, by the let. A to E.
B. Obligations of the required Office
1 The required Office is required to carry out all the operations carried out, in particular to provide for the management of the building, to make the publications (art. 138 and 143 LP) and necessary communications (art. 139 and 140, para. 2, LP), to establish the state of the charges (art. 140 LP) and to stop the conditions of sale (art. 134 and 135 LP), to effect the recovery of the sale price and to request the recording of the transfer to the land registry. 1
2 Where the law reserves the discretion of the Office or local use (Art. 134, para. 1, 135, para. 2, 137, 140, para. 3, LP), it will be up to the required attendant to decide.
3 The required Office is also competent to select the advertising organs and to fix the date of sale in accordance with the legal requirements; however, in this regard, it will take into account the reasoned requests of the requesting Office.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
C. Communications and time-limits
In order to put it in a position to make the necessary notifications and to fix the time limits (Art. 139, 140, para. 2, LP), the Office of the Prosecution for the Prosecution will communicate to the requested Office a list of the creditors participating in the prosecution and a statement of their claims.
D. Relief and Receipts
1 The required Office does not have the right to grant its Head the relief provided for in Art. 123 LP.
2 The amounts received by the requested Office must be immediately returned to the requesting Office, unless a different provision has been made (Art. 24 above).
E. Additional Verbal and Seizure
1 Once completed, the required Office transmits to the requesting Office a copy of the minutes of sale with its annexes, the final count and the proceeds of the sale under the deduction of costs. He shall keep in his file the original of the Minutes of Sale.
2 To order further seizure (art. 145 SQs), as well as to establish the state of collocation and to allocate the funds, it is the office of the court of prosecution which is exclusively competent (Art. 24 above).
1 Is competent to conduct the auction on the order of the judge, in accordance with Art. 649 B , para. 3, CC 2 , the office of prosecution or-if the cantonal law so provides-the office of bankruptcies in the district of which the condominium complex is situated or the part of the building which has the greatest value.
2 The costs of the sales procedure must be advanced by the applicant and will be levied on the product of the realization.
3 The award may be awarded at a price up to the amount of secured claims, even if there is no surplus.
4 The outcome of the auction must be communicated to the judge in all cases, even if they have not been successful.
5 For the surplus, s. 73 to 73 I Above shall apply mutatis mutandis, with the exception of Art. 73 E , para. 3. However, priority will not be given to a realization of the entire condominium complex as a result of a continuation of the real estate pledge (Art. 73 F , para. 2, above and art. 106 A Below) that if this achievement is imminent.
A . Delivery Date
1 The filing of the state of collocation and the distribution of funds (art. 144 and s. LP) can only take place after the realization of the claim against the emberaser (art. 72 above). Remains the disposition of s. 199 LP.
2 The statement of collocation must determine only the rank of the striking creditors.
3 The debts owing on the statement of expenses must be paid as soon as the sale price has been paid, even if the final distribution to the striking creditors is not yet possible.
B. Parts to be filed
At the same time that the state of collocation and the distribution board the Office will also deposit the final account of the product of stewardship and the account of costs and emoluments of stewardship and realization; it will notify the interested parties and the contract awardee that they May be aware of these documents and have the right to complain.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
C. Distribution Principles
I. In general
The distribution of funds is based on the following principles:
Should be paid in preference to creditors for the benefit of security rights in the building or on securities of pledge, provided that their claims are due, have been recorded in the statement of charges and have not been contested or have been accepted By the judge; the balance must be distributed among the creditors to whom the property was seized or held, and the dividends relating to the provisional seizures shall be deposited in the deposit box and consignments.
Creditor creditors whose pledge rights were entered in the land register after the seizure only or were successfully challenged in the process of cleaning up the state of the charges, while being recognised by the debtor who did not In dispute, can only participate in the distribution of funds after the striking creditors have been completely disinterested, except that the post-coup pre-registration rights have not previously arisen under the The law and that they do not take precedence over all registered expenses.
II. In the case of a seizure by a secured creditor
1 Where a secured creditor continued by way of seizure and obtained the seizure of the pledged property in its favour, the remaining balance after payment of the prior non-commissioned creditors will first be used for the payment of the debt in respect of Capital or interest that has been the subject of the prosecution and will be for the surplus distributed in accordance with their rank among the post-ranking gagor creditors.
2 If the balance of the realization price of the immovable is not sufficient to cover the claim which has been the subject of the proceedings, the winning creditor shall be colloquy for the difference, in his capacity as a creditor and according to the rank established by law, on The product of the realization of the other objects included in the seizure.
III. Fruits and Products of the Building
Where the immovable is included in several successive seizures, its fruit and products, as long as the seizure of the immovable property remains, shall be affected in preference to the payment of the creditors for the benefit of the prior seizure, even though they have not Has been completed or is not due until after the subsequent seizure has been completed. The rights of the following benefit creditors in accordance with s. 94, para. 3, LP and art. 806 CC 1 (art. 114 below) are reserved. 2
D. Default acts of property
1 It must be issued to the creditor pursuing an act of default of property (art. 149 SQs), also where the auction did not produce results and it was not possible to complete the seizure pursuant to s. 145 LP.
1 Repealed by c. I of the O du TF of 5 June 1996 (RO 1996 2900).
E. Distribution of Money in the Case of a Share of Condominium
Where the proceeds from the realization of a share of a condominium of a pledge of a building made as a pledge for the whole must be distributed, the provisions of the art. 79, para. 3, and 81, para. 2, above on the payment of claims due secured by pledge apply only to claims secured by pledge on the part, but not to those which complete the whole building.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
A. Opposition
Where the debtor objects to the command to pay, that opposition, unless otherwise stated, shall be deemed to relate to the claim and the right of pledge.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
B. Admissibility of the prosecution
In addition to the cases listed in s. 56 to 62 LP, during the period of the inventory benefit it cannot be sued for a pledge against the heirs or against the estate due to the debts of the deceased (Art. 586 CC 1 ); however, prosecution is possible for the duration of the inventory provided for in s. 398 CC.
C. Purpose of the pledge
I. Subsidiary liability
Where several buildings have been pledged for the same debt, but some in the alternative only, the prosecution will have to be brought and executed first against the others; if the proceeds of their realization are not sufficient to Completely disinterested the creditor and that the creditor intends to obtain the realization of the encumbered assets in the alternative, he must form a new requisition for prosecution.
II. Property of a third party
Family housing
1. General provisions 1
1 Where, either in the prosecution requisition, or in the course of the prosecution, the prosecuting creditor designates the object of the pledge as belonging to a third party or used for the family home, or where that circumstance is disclosed only to the In the course of the enforcement procedure, the command must be notified to pay to the third party and to the spouse of the debtor or third party to allow them to oppose. 2
2 However, this option will not be granted to the third-party owner, if he has acquired the building only after the notation in the Land Register of a restriction of the right to dispose in accordance with Art. 90 and 97 below.
3 The prosecution can only be continued against the third-party owner, as long as it can be against the personal debtor and the provisions of the art. 57 to 62, 297 LP and 586 CC 3 Are applicable to this prosecution. Subject to Art. 98 and 100 below, the prosecution against the personal debtor is not affected by the prosecution of the third party. 4
4 These provisions shall apply mutatis mutandis where the debtor and a third party are joint owners or owners of the pledged building. 5
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
2 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
3 RS 210
4 New content of the 2nd sentence according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
5 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
2. Personal Debtor Bankruptcy
1 If the personal debtor is bankrupt but the building is not part of the estate, the continuation of the pledge may be continued against the bankrupt and against the third-party owner even during the bankruptcy proceedings.
2 If the debtor's estate is liquidated by the bankruptcy office (art. 193 LP) or if there is a disappearance of a legal person after bankruptcy, the pursuit of the pledge can only be directed against the third-party owner. 1
3 These provisions are also applicable where the debtor and a third party are joint owners or owners of the pledged building. 2
D. Recording of a restriction of the right to dispose of the creditor's request
1 At the request of the winning creditor, the Office will request the annotation in the Land Registry of a restriction of the right to dispose, in accordance with Art. 960 CC 1 (cf. Art. 15, para. 1, let., and 23 A , let. A, above): 2
2 The Office will make this provision available to the creditor prosecuting at the time of the notification of the dual command to pay.
E. Rent or On-Farm Baux
I. Notices to Tenants and Farmers
1 If the winning secured creditor requires that the seizure extend to rents and fermages (art. 806 CC 2 ), the Office informs, upon receipt of the prosecution requisition, of the rent or on-farm leases which may exist on the building and immediately invites the tenants and farmers to pay now in his hands the rent and fermages which will come to the Deadline by warning them that otherwise they may have to pay twice.
2 This notice must be given even during the duration of the public holidays or a stay of action granted to the debtor or the third-party owner of the pledge, if the command to pay has already been established before the public holidays or the suspension of prosecution. It may be omitted when the building is already seized (art. 15, para. 1, let. (b) above) and it is not necessary to repeat it when a new prosecution in respect of a pledge is brought or the building is brought before it.
II. Notice to the owner of the pledge
1 At the same time as it notifies the tenants and farmers, the Office informs the owner of the pledge that, in view of the continuation of the real estate pledge brought against him, the rent and fermages that will expire will now be Received by the Office and therefore prohibited, subject to the threat of criminal sanctions (art. 292 of the Criminal Code, CP 2 ), to collect or dispose of such rents and fermages. 3
2 This notice shall be accompanied by the statement that, if the owner of the pledge intends to argue that the rents and the closing or any part thereof are not included in the pledge, he shall declare it to the Office within ten days of receipt of the notice in question. Stating its reasons and specifying, where appropriate, the amount of the disputed party.
III. Opposition
1 If it has been objected to the command to pay, the Office shall fix a period of ten days for the creditor to initiate direct action in recognition of the debt or the recognition of the lien or to request the release of the opposition; Further that, if the release is refused, it shall, within ten days of the final judgment of the release judge, bring an action for the recognition of the claim or the right of pledge before the ordinary courts. 2
2 If the owner of the pledge has claimed that rents and fermages or some of them are not included in the pledge, the Office sets a ten-day period for the creditor to initiate action in recognition of the disputed lien on rents and Ages.
3 This notice shall be accompanied by the statement that, if the time limits fixed are not observed, the notices addressed to tenants and farmers will be revoked or, in the event of only partial objection to the right of pledge on rent and fermages, Apply only to the uncontested party, and the Office shall provide to the lessor the rents and fermages already cashed or, in the event of only partial dispute, the disputed fractions already cashed.
4 If the time limits are observed, the measure taken in respect of rents and fermages remains in force throughout its scope or, where appropriate, for the party that is the subject of the action initiated by the creditor.
IV. Obligations of the Office
1 After notification of the notice to tenants and farmers in accordance with Art. 91 above, the Office is required to take, in place of the owner of the pledge, all the necessary measures to ensure and operate the encashment of rent and fermages; in particular, it shall, if necessary, institute proceedings to that effect, exercise The lessor's right of retention, the termination of the leases, the removal of the tenants, the conclusion of new leases. It has the right to order urgent repairs and to allocate the rent and fermages collected by it to the payment of the current charges (for gas, water, electricity, etc.), the costs of repairs and contributions to the maintenance of the debtor (art. 103, para. 2, LP).
2 Under its responsibility, the Office may also charge a third of these measures.
Allocation of rents received
1. Payment of payments to creditors
1 Rents and fermages collected by the Office shall not be used in the service of the interest of secured claims which are not subject to prosecution; however, deposits may be paid, even before the requisition for sale, to the A continuing creditor who proves that its claim has been recognized by the debtor or found to be final.
2 If several secured creditors have filed lawsuits in relation to the same building and are in this case, instalment payments may be paid as long as they all agree on the allocation or, if any of them have raised an objection, That the existence and the rank of the secured debt by pledge were previously fixed by means of a statement of collocation made in accordance with Art. 157, para. 3 LP. Distribution shall be preceded by the filing of a distribution table.
2. Debtor Bankruptcy
Where the debtor is at the same time the owner of the subject of the pledge and is bankrupt before the completion of the building, the rents and fermages matured prior to the commencement of the bankruptcy and not yet distributed to the creditors Subject to the rights of preference given by s. 806, para. 1 CC 1 To the following benefit creditors (s. 198 LP).
A. Preparatory acts
I. Restriction of the right to alienate ex officio
1 As soon as the sale has been requested, the Office is required to request the annotation in the Land Registry of a restriction of the right to dispose, in accordance with Art. 960 CC 1 (cf. Art. 15, para. 1, let. A and 23 A , let. A, above). 2
2 If the land registry already contains such an annotation, it is not necessary to request it again.
II. Calculation of completion times
1 Where the pledged property belongs to a third party or serves as a family home, it is the date of the last notification of the command to pay, whether the debtor, the third-party owner or the spouse of the debtor or the third party, who is Rule for the computation of time limits under s. 154 LP. 1
2 For the calculation of the period during which the sale may be required, no account shall be taken, if opposition has been made, of the time between the introduction and liquidation of the judicial proceedings to which that opposition has given Place, or the duration of a stay of proceedings or a stay of proceedings (s. 297 LP) obtained by the third-party owner, or the duration of the inventory (s. 586 CC 2 ) To which his estate has been submitted. 3
3 The implementation may not take place during periods which are not taken into account, according to para. 2 above, in the calculation of the time limits laid down in Art. 154 LP. 4
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
2 RS 210
3 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
4 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
III. From the Land Registry and Estimate
1 After communicating the requisition for sale to the debtor and, where applicable, to the third-party owner of the pledge (art. 155, para. 2, LP), the Office requests an extract from the land register in respect of the building to be carried out (Art. 28 and 73 above) and directs the estimate of the building (s. 9, para. 1, and 23 above).
2 If the result of the estimate is not inserted in the publication of the sale in accordance with Art. 29 above, the Office communicates it to the creditor who requires the sale, as well as to the debtor and the third party owner, by including the notice that, within the complaint period, they may apply to the supervisory authority to request a new one Estimate by experts, as provided for in Art. 9, para. 2, above.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
IV. Revocation after the fact that the pledge is owned by a third party or serves as a family home 1
1 If it is revealed only after the requisition for sale that the building belongs to a third party or serves as a family home, a command to pay will then be notified to the third party or to the spouse of the debtor or third party. The sale can only take place after this command has been forced to pay and it will have passed six months upon notification. 2
2 These provisions shall not, however, apply if, upon the acquisition of the property by the third party, the restriction of the right to alienate provided for in Articles 90 and 97 above was noted in the Land Register.
3 If it is revealed only by the extract from the land register that the claim at the base of the prosecution is secured by several properties owned by different owners and the prosecution has not been brought against all the owners, The Office shall require the creditor to furnish to the Office within a short period of time the advance of the costs necessary for the notification of the command to pay, advising that the prosecution shall be considered as lapsed to that defect.
B. Stewardship
1 From the date of the requisition for sale, the Office provides for the management and culture of the building in the manner prescribed, in the case of prosecution by way of seizure, from the date of the seizure (Art. 155, para. 1, and 102, para. 3, LP, art. 16 and s. And 23 C Above), unless the prosecuting creditor expressly declares that it does not. 1
2 If the building belongs to a third party, the Office can only assume its stewardship after the opposition by the third party has been rejected.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
C. Realization
I. In general
The provisions of Articles 13, 28, paragraph (1) shall apply mutatis mutandis to the preparatory acts and to the sales procedure. 2, 29 to 42, 43, para. 1, 44 to 53, 54, para. 2, 56 to 70 and 72, in the case of a share of co-ownership of the art. 73 to 73 I , as well as s. 74 to 78 above; the following special provisions are also applicable.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
II. Special provisions
1. Where the building belongs to a third party
If the building belongs to a third party, the publication of the sale (art. 29, para. 2, above) will also indicate the name and the home. A copy of the publication of the sale (art. 30 above) as well as the state of the charges (art. 34 above) shall also be communicated to the third party owner.
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
2. Double pricing
1 If the building is encumbered with easements, land charges or personal rights annotated in the land registry in accordance with s. 959 CC 1 (rights of pre-emption, emption and remission, rent or on-farm leases, etc.), the Office shall, by communicating the statement of expenses to the secured creditors, inform them that those whose rights of pledge are of prior rank to the said expenses may, by application Written to the Office within ten days, require the double price of the building in accordance with Art. 142 LP, provided that the privileged rank of the lien arises from the state of the charges and has not been successfully challenged. 2
2 In the case of a share of co-ownership, the art. 142 LP is applicable with respect to the rights mentioned in para. 1 that complete either the share or the whole building. 3
3. Meaning of "prosecuting creditor" according to s. 142 A (126) LP 1
1 Is considered to be "pursuing" within the meaning of s. 142 A In relation to art. 126 LP, the creditor at the request of which the sale was ordered and, if there are more than one, the one with the right of pledge prior to the others. 2
2 If the creditor's right of pledge at the request of which the sale was ordered is of the same rank as those of other creditors, the latter are also considered to be sued, even though they did not require the sale.
4. Legal Mortgage of Craftsmen and Entrepreneurs
The amount of the supply to be attained is also calculated according to Art. 142 A In relation to art. 126 SQs, as well as s. 53, para. 1 and 105 above, where the building is encumbered by mortgages for the benefit of artisans or contractors (art. 839 and s. CC 2 ). However, the conditions of sale will require the payment in cash of all the claims secured by these mortgages in case they are not fully covered (Art. 840 CC).
4 A . Realization of a condominium complex with a lien on the whole building
1 When the realization is ordered as a result of a continuation in realization of the property pledge required by a creditor whose pledge relates to the whole building, the whole building will have to be sold.
2 The charges shall also be charged to the charges, in the case of purification, the charges on the co-ownership shares in isolation.
3 The proceeds of the sale will first be used to cover the claims secured by security rights in the entire building. If there is a surplus, it will revert to the co-owners in proportion to their assessed contributions (s. 646 CC 2 ), in the case of property per storey as a proportion of the appraised value to be determined under s. 9 and 23 above.
4 The conditions of sale will have to require payment in cash for the share of the selling price that accrues to the creditors holding the claims secured by the security rights in the shares.
5 The distribution table (art. 112 below) will also settle the distribution of a possible surplus of proceeds from the sale to holders of claims secured by security rights in the entire building.
5. Creance guaranteed solidarily by several buildings
1 Where more than one property belonging to the same owner has been pledged for the claim which is the subject of the pursuit, it shall be sold only as long as it is necessary to cover the claim of the secured creditor, as well as The claims secured by the immovable in preference to that of the prosecutor (Art. 119, para. 2, LP). The buildings on which there are no post-tenor rights in rank to that of the prosecutor shall be sold in the first line.
2 If the buildings that are pledged for the same debt are owned by several different owners, those belonging to the debtor will first be sold. It is only if the proceeds of this sale are insufficient that the buildings belonging to third parties can be realised. In this case, all buildings will be sold at the same auction (s. 816, para. 3 CC 1 ).
3 The conditions of sale will indicate the order in which the buildings will be put up for sale (Art. 45, para. 1, let. B, above).
6. Real property separately pledged
1 Separately pledged blocks may be sold in bulk or in batches only when they constitute an economic unit that cannot be dismembered without a significant decrease in value. 1
1bis Bulk or batch pricing should always be preceded by separate prices for each building. The last bidders of the various separately priced buildings will remain bound by their offer until the bulk or batch pricing has taken place. Depending on whether separate prices or bulk or batch sales will have given the highest overall price, the auction will be pronounced in favour of the most offerors at the separate or most offering prices at the time of the wholesale or retail sale. More Offerings during the batch sale. 2
2 This procedure will, if possible, be provided for in the conditions of sale and in any case will be given to the assistants at the beginning of the auction.
3 The conditions of sale will also state that, at the time of the bulk pricing, the share of the product of the realization returning to each building individually will have to reach at least the amount of the highest bid that has been made for The building concerned at the time of the separate price. 3
1 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
2 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
3 Introduced by ch. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
7. Simultaneous entry of the pledge object
When the building sold in the pursuit of the pledge was at the same time under the seizure, the sale and the number of the continuation in realization of the pledge will be mentioned in the minutes of the seizure.
8. Radiations and cancellations
1 At the same time as it will require entries under Art. 68 above, the Office will request from the land registry the cancellation of the restriction of the right to dispose annotated in accordance with Articles 90 and 97 above.
2 Where, as a result of the insufficiency of the selling price, the right of pledge is extinguished in whole or in part, the Office shall transmit the title to the land register for cancellation or reduction of the right of pledge in the case of mortgage registers or In the case of a mortgage, the Office will return the title to the creditor only after referring to the extinguishment of the lien.
9. Unsuccessful continuation
1 If the prosecution was unsuccessful (s. 158 SQs and Art. 71 above), the Office will request the cancellation of the right of pledge guaranteeing the claim which has been the subject of the prosecution (capital, down payment or annuities), as well as the cancellation of the restriction of the right to alienate annotated in accordance with Articles 90 and 97 above. Advice to tenants and farmers (art. 91 above) shall be immediately revoked.
2 The net proceeds of natural and civilian fruits of the complex will be distributed among the following benefit creditors.
A. Distribution table
1 Where the product of the sale has been collected in full, the Office shall draw up the distribution table taking into account the result of the procedure for cleaning up the state of the charges. The claims found in this procedure may not be challenged again by the courts as to their amount or rank.
2 The distribution table will be filed and may be consulted for ten days by the creditors, as well as the expense account (s. 20 above) and the breakdown of the proceeds of the building that were collected. The Office will notify, in writing, the debtor and all creditors who have not been completely disinterested, indicating to the latter the dividend relating to their debt.
B. Accrued creditors in competition with secured creditors
1 When the building sold in the pursuit of a pledge was at the same time under seizure, the distribution table (art. 157, para. 3, LP) shall take into account only the secured creditors, excluding the participants in the seizure; if, after payment of the administration, implementation and distribution costs (Art. 157, para. 1, LP), the prosecuting creditor and the post-ranking gags, there is a surplus, the Office will keep it for the benefit of the striking creditors and will distribute it to each other when the prosecution is wound up by way of seizure. 1
2 As long as the secured creditors have not been completely disinterested, and as long as the striking creditors do not have a preferred rank, the proceeds of the sale of the building cannot be affected or the payment of the costs of the Proceeding by way of seizure, or the payment of striking creditors. 2
3 In the subsequent distribution of the money that will take place in the prosecution by way of seizure (Art. 144 and s. LP), the winning creditors will not be registered for collocation.
C. Rents and fermages
1 The net proceeds from rent and fermages collected since the requisition for the embodiments to pledge up to the sale of the building will be attributed to the secured creditor pursuing so much less of its claim, regardless of the fact that the proceeds of the sale The building would be sufficient to disinterest it.
2 If more than one secured creditor requested the continuation on different dates, the former ranking creditor is entitled, in preference, to the rents and fermages that have been due from the prosecution requisition.
3 The product of natural fruits collected since the requisition of sale as well as the net proceeds from the sale of the receivable against the sweetener (art. 72 above) will be added to the proceeds of the sale of the building and will be used to disinterest all the secured creditors in accordance with their rank.
D. Accessories
1 The product of the pledged accessories in favour of only some of the secured creditors will be distributed exclusively among those creditors, in accordance with their rank; however, one must first seek to disinterest each of those creditors By means of the proceeds from the sale of the building, and only to the extent that the product is insufficient to use the product of the accessories. If there is a surplus and there is no seizure, it will be handed over to the owner of the pledge.
2 If the accessories were not sold separately (s. 27 above), the distribution of the total selling price between real property and accessories will be based on the proportion between the respective value of these two categories of property based on the final estimate.
E. Radiated charges as a result of dual pricing
1 If a post-security charge is to be cancelled due to the result of the double price of the building (s. 56 above) and if, after payment of the prior-ranking secured creditors, it remains a surplus to be employed in accordance with Art. 812, para. 3, CC 1 , the Office will invite the person entitled to let him know within ten days what value he assigns to the radiated load. If the person who is entitled does not respond to this invitation, he will be expected to give up any claim.
2 The load will be entered in the distribution table for the specified value. The provisions of Articles 147 and 148 LP shall apply to the challenge of this claim.
F. Right to compensation for non-disinterested craftsmen and entrepreneurs
1 Where, in the distribution, craftsmen or entrepreneurs suffer a loss on their secured debt by pledge (Art. 837, para. 1, c. 3, CC 1 ), the Office sets a ten-day period for initiating proceedings for the prosecution if they intend to be compensated on the share of the collocation of the winning creditors of the previous rank (art. 841, para. 1, CC).
2 If the trial is filed within the prescribed period, the distribution in respect of the disputed collocation share will be suspended until amicable settlement or judicial resolution of the dispute. If the application is allowed, the Office shall give the applicant the sum allocated by the judgment to the applicant on the part of the creditor's co-location.
3 If the sale has passed on to the contract awardee the security right in the building for the benefit of the secured creditor creditor, the plaintiff will be put to the benefit of this right of pledge up to the sum fixed by the judgment. To this end, the attendant will be required to have the necessary entries in the Land Register and on the pledged documents.
4 If the trial has not been commenced within the time limit fixed, the Office shall distribute the money without taking into account the claims of the craftsmen or contractors who have suffered a loss.
G. Immovable separately and made in bulk
Where separately pledged properties have been sold as a block (s. 108 above), the price obtained for the block will be apportioned between the different buildings according to the proportion between their respective values according to the estimate that was made in the procedure for cleaning up the state of the loads.
H. Real property belonging to different owners jointly and severally liable
Where the pledged blocks belonged to several different owners jointly and severally liable and not all of them have been acquired by the same contract awardee, the distribution shall be based on the following principles:
Guarantees secured by pledge shall be distributed on the various buildings according to the proportion between their respective values according to the outcome of the auction, if there is no prior-ranking guarantee in respect of only one of the Buildings.
On the other hand, if the claim secured by the whole of the buildings is granted by secured claims only by certain of the buildings, it will be divided between the buildings according to the proportion between their realization prices after Deduction, for each building, of the amount of the security rights that would be charged.
Where the claim under which the prosecution has been brought is granted by claims secured by all the buildings, they will have to be paid in cash, even if they are not payable.
J. Deficiency Deficiency Act
I. In general
Where, in the absence of sufficient tenders, the pledge has not been made or the proceeds of the realization do not cover the claim of the secured creditor, the latter shall be issued a certificate of deficiency in accordance with art. 158 LP. To other secured creditors, it will simply be issued a certificate stating that their claims have remained undiscovered.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
II. In case of realization after approval of a concordat
Art. 158, para. 2, LP is not applicable, where the act of deficiency has been issued to the creditor, after realization after the approval of a concordat, for a claim secured by pledge prior to the concordat. Even if it acts in the month, the creditor can bring a prosecution on account of that claim only if a new command is notified to pay; the vice of the prosecution instituted without notification of a new command to pay Is covered, however, if the debtor has failed to file a complaint within ten days of the seizure or the bankruptcy.
A. Relationship to the order on the administration of the bankruptcy offices
The realization of immovable property in bankruptcy is governed by the provisions of the Ordinance of 13 July 1911 on the Administration of the Offices of Bankruptcy (OAOF) 1 , subject to additions and modifications resulting from the following provisions.
Special provisions
I. Notice to Non-Listed Easement Holders
1 The publication of the bankruptcy (art. 232 LP) will be accompanied by a notice to holders of easements who under the former right have taken birth without registration and who have not yet been registered in the Land Registry; they will be required to produce their rights to the Office of the Bankruptcies within the period of one month, together with their possible means of proof. 1
2 The notice will contain the exact description of the bankrupt and the building to be carried out, as well as the commination provided for in s. 29, para. 3 above.
II. Notice to tenants and farmers
Soon after receiving the bankruptcy, the Office will give written notice of the declaration of bankruptcy to tenants and farmers of property belonging to the bankrupt and will invite them to pay rent and fermages in the hands of the Office. Which will expire, if they do not want to have to pay double.
III. Loads status puration
1 In order to see, in accordance with Art. 58, para. 2 OAOF 1 , the real rights existing on the property of the bankrupt (rights of pledge, easements, land charges, rights of pre-emption, emption and remold, land leases and rent, etc.), it will be prepared for each building a special state of all Claims secured by the building, as well as all the actual expenses to be delegated to the winner of the building, excluding, however, the charges that arise and are transferred under the law itself; this condition Will also contain the exact designation of the objects (buildings and accessories) to which each Load.
2 These statement of charges form an integral part of the collocation state. Instead of listing secured claims, the statement of collocation will refer in this respect to the special states.
IV. Creances secured by pledging securities created in the name of the owner
1 The claims secured by the pledge of pledge securities created in the name of the owner himself will be colloked as security guarantees, while pledged pledges will be included in the number of secured claims By means of real estate for the amount for which the debt guaranteed by pledging has been colloqued, mention being made of the collocation of the furniture pledge.
2 If the secured debt obligation is less than the amount of the pledged real estate pledge, the difference will not be colloqued as a real estate pledge.
Quality to attack the state of the charges
1 Unsecured creditors do not have the right to attack the statements of office expenses (s. 125 above) as it is only the issue of the preferred ranking of one secured creditor over another, nor can they intervene in the lawsuits brought by one creditor to another.
2 When a secured creditor intends to challenge only the rank of another secured creditor, it will open action to the creditor and not at the same time to the estate.
VI. Date of realization
1 Where, on the basis of entries in the Land Register or as a result of the published summons (Art. 123 above), rights of pledge or other real rights in the building are claimed, the sale (auctioneers or willingly) cannot, even in an emergency, take place only after the collocation procedure, in respect of those rights, has been And that the trials to which it was able to give rise have been definitively wound up. 1
2 Exceptionally, the supervisory authorities may be able to sell before, where this is not liable to harm the interests of a person. In this case, the conditions of sale will mention the trial during and a provisional registration will be annotated in the land register (Art. 961 CC 2 ).
VII. Special Notices
1 In special notices to be addressed to them in accordance with s. 257 SQs (s. 71 OAOF 1 ), creditors whose entitlement is premium, based on the state of the charges (art. 125 above), another real right-easement, land charge, right of pre-emption, etc. -shall be informed that they may require the double price set out in Art. 142 LP, if requested by the Office within ten days, otherwise they would be expected to waive this right. 2
2 In accordance with Art. 30, para. 4, above, applicable by analogy, special notices shall also be sent to holders of legal preemption rights within the meaning of Art. 682, para. 1 and 2 CC 3 . 4
VIII. Auction
1 As regards the conditions of sale and the auction procedure, Art. 45 to 52, 56 to 70, 106, al. 2, 108 and 110, para. 2, above shall apply mutatis mutandis. 1
2 Under the conditions of sale, the administration of the bankruptcy may, pursuant to a decision of the creditors' meeting, reserve the right to refuse the award if the highest bid is less than an amount specified by the creditors. Conditions of sale. 2
3 In such a case, if it is not possible to sell the building voluntarily, it will be auctioned again and may be auctioned if the offer does not reach the minimum amount specified in accordance with para. 2 above. 3
4 The provision of art. 135, para. 1, 2 E Sentence, LP, is not applicable in bankruptcy.
1 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
2 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
3 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
A. Distinguishing Features of a Share of Condominium 1. Extract from the Land Registry. Production of easements
1 When the bankrupt mass includes a share of a condominium in a building, s. 73 above shall apply mutatis mutandis in respect of the extract from the land register which is to be requested under Art. 26 OAOF 2 . 3
2 The summons to announce the easements that have taken place, under the former cantonal law, without registration in the public registers and have not yet been registered (Art. 123 above) must be addressed to the holders of such servitudes in the building itself and, in the case of property by storeys governed by the former cantonal law (Art. 20 Bis Tit. End. CC 4 ), also to holders of such servitudes on the floor included in the bankrupt estate.
2. Notice. Administration
1 The opening of the bankruptcy will be communicated not only to the creditors for the benefit of the rights of pledge on the share of the estate of the bankrupt, but also to the creditors to the benefit of the rights of pledge on the whole building. However, they will not be required to submit their pledge.
2 Where the bankrupt is a co-owner of a building that relates to goods, s. 23 A , let. C, 1 Re Sentence, above shall apply mutatis mutandis.
3 Art. 23 C , para. 1, above applies mutatis mutandis to administration.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
3. Load Status, Collocation Status
1 The expenses incurred by the share of co-ownership and those that complete the entire building will be charged separately in the statement of expenses (s. 125 above).
2 Claims secured by security rights that complete the entire building will be classified in unsecured claims (art. 61, para. 1 OAOF 2 ) On the part of the amount payable by the bankrupt; in the event of joint and several liability of the bankrupt, they shall be liable for the total amount of the bankrupt; in the event that the conciliation talks, within the meaning of Article 130 E Below and 73 E Above, and where the sale of the share of the property of the bankrupt under the conditions prescribed in section 130 F Below and 73 G Above would fail. 3
4. Publication of sale and special notice 2
1 Publication of sale (art. 257, 1 Er Et al. 2, LP) shall contain the particulars prescribed in s. 73 A , para. 1, above.
2 Special notices (art. 257, para. 3, LP, art. 71 OAOF 3 , art. 129 above) will also be addressed to holders of secured claims on the fund itself, as well as to third parties to whom a pledge of security in the whole building has been pledged. 4
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
2 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
3 RS 281.32
4 New content according to the c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
5. Procedure to be followed when the building itself is subject to a lien
Art. 73 E And 73 F Above shall apply mutatis mutandis where it is the result of the procedure for the purification of the condition of the charges that the whole building is subject to a lien.
1 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
6. Terms of Sale
Art. 73 G Above shall apply mutatis mutandis to the conditions of sale, but without the reservation contained in para. 2 of the art. 832 CC 2 (art. 130, 4 E Al., above).
7. Reserve of the prosecution in realization of immovable property
1 The creditor holding a claim secured by a pledge on the whole complex has the right to enforce it at the time already due during the bankruptcy proceedings (Art. 89, para. 1, above) through the pursuit of a pledge (art. 106 A , above).
2 If the building subject to the pledge is realized as a result of the continuation of the pledge before the winning creditor has received a dividend in bankruptcy, s. 61, para. 2 OAOF 2 Is applicable. Art. 217 FA is reserved. 3
I X. Creance against the tangerer fol
When the claim against the fol bidder (art. 143, para. 2 LP) is contested and the recovery cannot be effected by the administration of the bankruptcy, which will first offer non-disinterested creditors and then, where appropriate, the unsecured creditors to assign the Claim in accordance with s. 260 SQs; if none of them requests the assignment, the claim will be sold at auction. Art. 72 above is applicable.
X. Distribution
With regard to the distribution of funds, the provisions of Articles 115 to 118 above shall apply.
1 Repealed by c. I of the O du TF of 5 June 1996 (RO 1996 2900).
1 All requirements and directions contrary to the provisions of this Order shall be repealed.
2 In particular the order of the Federal Court of 21 December 1916 1 Concerning entries and annotations in the land register to be requested by the prosecuting and bankruptcy offices is repealed and Art. 74, para. 3 OAOF 2 Is amended by s. 69, para. 3 above.
1 This amendment shall enter into force on 1 Er April 1976.
2 It also applies to the making of real property in proceedings and bankruptcies already in progress, as the state of the proceedings still permits.
1 This amendment shall enter into force on 1 Er January 1994.
2 It also applies to the making of real property in proceedings and bankruptcies already in progress, as the state of the proceedings still permits.
1 Abbreviation introduced by c. I of the O of the TF of 5 June 1996, in force since 1 Er Jan 1997 (RO) 1996 2900).
2 RS 281.1
3 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
4 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
5 New content according to the c. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
6 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
7 Introduced by ch. I of the O of TF 4 Dec. 1975, in effect since 1 Er April 1976 (RO 1976 164).
8 RO 1976 164
9 RO 1993 3183
