Questão jurídica principal
Whether claims of the Landwirtschaftliche Kreditkasse may be assigned under Art. 164 OR.
Decisão extraída
No. Although no statute and no party agreement excludes assignment, the nature of the legal relationship is so closely tied to the original creditor that an assignment would effectively change the content of the claim.
Fundamentação extraída
Under Art. 164 OR, assignment is excluded not only by statute or agreement but also by the nature of the legal relationship. Here, claims of the Landwirtschaftliche Kreditkasse are inseparable from the creditor's personal position, so a creditor change would materially alter the claim.