Pledge
Pledge , pledge and pledge contract are terms from the Swiss Civil Code (ZGB) and are defined as follows:
- Art 521 Para. 1 OR: “ Through the pledge agreement, the beneficiary undertakes to transfer property or individual assets to the beneficiary and to grant the beneficiary maintenance and care for life. "
- Art 521 para. 2 OR: “ If the beneficiary is appointed as the beneficiary's heir, the entire relationship is subject to the provisions on the inheritance contract. "
The Verpfründung corresponds Austrian and Liechtenstein law the Ausgedinge . According to § 1269 öABGB and flABGB , the annuity contract (§§ 1284 ff ÖABGB and flABGB) is a contract of happiness . This can also be transferred to the deal, since both parties to the contract take the risk of not receiving any corresponding consideration. The difference between an annuity and a mortgage is that the benefit from the annuity i. d. Usually is money, while the pledge or the deal also includes elements of welfare, for example.
With the creation of statutory social benefits and security, the outgrowth or the pledge in Austria, Liechtenstein and Switzerland has lost much of its importance.
The endowment or the pledge is a mixed form, which elements of the right of residence (§ 1093 BGB; Art 521 ff OR; Art 248 ff flat law; §§ 521 ff ÖABGB), the real load / base load (§ 1105 ff BGB; § 12 ö GBG ; Art 254 ff property law; Art 782 ff ZGB), mandatory rights and also social components (e.g. duty of care).
