Questione giuridica chiave
Whether the retention procedure under Art. 282 ff. SchKG was applicable for a creditor's asserted retention right in this case.
Decisione estratta
The procedure under Art. 283 SchKG applies only to landlords or lessors of immovable property asserting retention rights under Arts. 272-274 and 286 OR; it does not apply to a retention right under Art. 895 ZGB.
Motivazione estratta
The creditor was not in a landlord or lease relationship with the debtor and was already in possession of one of the debtor's movable assets. The statutory procedure in Art. 283 SchKG serves to preserve the retention right of a landlord/lessor who is not in possession of the items brought into the leased or rented premises. A possible retention right under Art. 895 ZGB is outside that procedure.