Kernrechtsfrage
Whether a pledge enforcement based on a retention inventory is valid when the ten-day prosecution period of Art. 283(3) SchKG was missed.
Extrahierter Entscheid
No. If the ten-day period is not complied with, the retention inventory loses all its effects and a subsequent pledge enforcement is void.
Extrahierte Begründung
The retention inventory has only a temporary protective function. The creditor must initiate pledge enforcement within ten days of service of the retention document. If this deadline lapses, the inventory and its effects fall away entirely; a later enforcement therefore lacks a valid basis and is null ex officio.