Reservation of title (Switzerland)
In Swiss law, the retention of title in Art. 715 f. ZGB regulated. This is only effective if it is entered in a public register to be kept by the debt enforcement officer at the debtor's respective place of residence.
Art. 716 ZGB: The retention of title in the installment contract determines a deferred rate for the change of ownership that differs from the first.
Objects that have been transferred with retention of title can only be reclaimed by the owner on the condition that he reimburses the installment payments made by the purchaser, deducting reasonable rent and compensation for wear and tear (Art. 716 ZGB, Art. 109 and 162 Paragraph 2 OR). The retention of title cannot be invoked against third parties in good faith despite entry in the register. On the international relationship cf. Art. 102 PILA.
A retention of title does not allow the execution of an enforcement of pledge realization according to Art. 151 ff. SchKG .
Note: Cash transactions as the first and only "installment" cannot be subject to retention of title.
Individual evidence
- ↑ Hunziker / Pellascio, p. 165 f.
