Commentaries: Art. 152

On receipt of the request for debt enforcement, the debt enforcement office shall issue a summons for payment in accordance with Article 69, but with the following special features:¹ The payment period to be set for the debtor is one month in the case of a lien on property, six months in the case of a mortgage. The warning states that if the debtor neither complies with nor files an objection to the summons for payment, the pledge will be realised.
If immovable property is subject to a lease or usufructuary lease and the enforcing pledgee requests that liability under the pledge be extended to include the rent claims (Art. 806 CC²), the debt enforcement office shall notify the tenants or lessees of the initiation of debt enforcement proceedings and instruct them to pay the rent that is due to the debt enforcement office.³

Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227;BBl 1991 III 1). ↩
SR 210 ↩
Inserted by Art. 58 Final Title CC (AS 24 233Art. 60 Final Title CC;BBl 1904 IV 1; 1907 VI 367). Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227;BBl 1991 III 1). ↩

Art. 152