1 A creditor has the right to retain chattels and securities which have come into his or her possession with the debtor’s consent until his or her claim has been satisfied, providing such claim is due and intrinsically connected with the retained objects.
2 Between persons engaged in commerce, an intrinsic connection exists where both the claim and the retained objects relate to their commercial dealings.
3 The creditor has a special lien provided that third parties do not have rights as a result of prior possession, even if the chattel which he or she has received in good faith does not belong to the debtor.
Est nulle toute clause qui autoriserait le créancier à s’approprier le gage faute de paiement.
This document is not an official publication. Only the publication of the Federal Chancellery is legally binding.
Ceci n’est pas une publication officielle. Seule la publication opérée par la Chancellerie fédérale fait foi. Ordonnance sur les publications officielles, OPubl.