Question juridique clé
Does Art. 59 para. 1 BV bar a suit to realize a retention or pledge-secured claim at the place of the encumbered goods?
Solution extraite
No. Art. 59 para. 1 BV applies only to purely personal claims, not to claims secured by a real right such as a pledge or retention right, even if the debtor also contests the underlying debt.
Motifs extraits
The Court relied on its settled case law that real-right-based enforcement may proceed at the forum of the encumbered property. The cited Potte v. Favre decision did not depart from that rule. Because a real retention right was asserted, the action was not an impermissible circumvention of the debtor's domicile forum.