Questione giuridica chiave
Whether the enforcement of overdue interest secured by a mortgage/pledge falls under the constitutional forum of the debtor's domicile or the place where the pledged property lies.
Decisione estratta
Art. 59 of the Federal Constitution does not apply to secured claims; the enforcement may proceed at the place where the pledge is located.
Motivazione estratta
The interest claim also enjoyed the mortgage security. Under Lucerne enforcement law, non-payment by an out-of-canton landowner leads to realization of the pledged property, not a personal claim against the debtor. Therefore the competent authorities are those at the place of the pledge.