Art. 779d SCC from 2022
Art. 779d 2. Compensation (1)
1 The landowner must pay the holder of the expired right adequate compensation for the buildings which have reverted to his or her ownership, but such compensation is subject to the outstanding claims of creditors to whom the building right was pledged as security and is not payable to the holder of the building right without their consent.
2 If the compensation has neither been paid nor secured, the holder of the expired right or a creditor to whom the building right was pledged as security may request that a mortgage right be registered in place of and with the same rank as the expired right as security for the compensation claim.
3 Such registration must be made within three months of expiry of the building right.
(1) Inserted by No I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
