Zedel (deposit)

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Zedel (Appenzell Ausserrhoden) and Zeddel (Appenzell Innerrhoden) are special types of mortgage titles . It is a form of private financing with a fixed interest rate by individuals through collateralization with land, which dates from a time when banks were not or hardly available for such financing. In the case of Zedeln, the debtor is liable with the pledged property (pledge) and not personally, as is the case with the more modern mortgage bond. These mortgage titles are currently only in use in the Canton of Appenzell Innerrhoden and the Canton of Appenzell Ausserrhoden .

The old law Zedel, which existed when the Swiss Civil Code was introduced on January 1, 1912, are subject to Art 22 SchlT ZGB (Art 18 Para. 1 SchlT SR) in conjunction with Art 272 of the Appenzell Ausserrhoder Law on the Introduction of the Swiss Civil Code (EG to the ZGB) continue to be in force and are subject to the provisions of the cantonal Zedelgesetz of 1882; in Appenzell Inner Rhodes is true Zeddelgesetz of 1884. This Zedel to a legal transaction under Article 272 para. 2 EC on the Civil Code AR "in compliance for any time Valid and mortgage notes are converted to pledge title of the new law established exposure limit (...)".

Zedel must be in Swiss Francs . The maximum interest rate of the remaining Appenzeller Zedel is by law to 4½% limited ( maximum interest rate unchanged) and remains. The Zedel are also regarded as "perpetual money", i.e. In other words, they cannot usually be terminated by the obligee.

This form of the mortgage formed the model for the validity according to Art. 847ff ZGB or Art 325ff Liechtenstein property law (SR). The validity, which was added to the Swiss Civil Code in 1912 and Liechtenstein property law in 1923, remained of no real importance in practice, but was, in an older form, very widespread in German-speaking Switzerland since the late Middle Ages.

literature

  • Berger Daniel: The old Appenzeller Zedel. In: St. Galler Bauer 1987, pp. 879 ff. And in Ausserrhoder Rechts- und Verwaltungspraxis 1988 No. 3027; III No. 34, p. 51 f; VII No. 96, XV No. 337.

Sources and References

  1. ↑ Art 5 para. 2 Zedelgesetz AR.
  2. ↑ Law on the introduction of the Swiss Civil Code (EG to ZGB) of April 27, 1969, Extra-Rhodian Law Collection No. 211.1
  3. ↑ Law on the Lien on Real Estate (Zedelgesetz) of April 30, 1882, Extra-Rhodian Law Collection No. 213.21
  4. ↑ Law on the pledging of real estate (Zeddelgesetz, ZeG) of April 27, 1884, Rhodian collection of laws No. 211.400, plus the Grand Council resolution regarding the explanation of the Zeddel Act of March 11, 1897, Rhodian collection of laws No. 211.410
  5. ↑ The APR 5 para. 1 AR Zedelgesetz must "be a year more than 4½ francs from 100 francs," according to Art.