Questione giuridica chiave
Where may enforcement be brought for mortgage-secured interest claims when the creditor chooses ordinary enforcement instead of realization of the pledge?
Decisione estratta
If the creditor elects ordinary enforcement for mortgage-secured interest claims or annuities, enforcement is to be brought at the debtor's domicile under Art. 46, because Art. 41(2) limits the general venue rule of Art. 51(2).
Motivazione estratta
Art. 51(2) provides a general venue at the place where the pledged property is located for mortgage-secured claims. But Art. 41(2) expressly allows the creditor to choose between pledge realization and ordinary enforcement by seizure or bankruptcy. That special rule prevails; once ordinary enforcement is chosen, the general venue rule of Art. 51(2) does not apply.