Facts
This judgment addresses the question of whether debt enforcement proceedings for the realization of a mortgage are already admissible after the provisional registration of the mechanic's lien in the land register or whether the definitive registration of the lien is a prerequisite for this.
The appellant, a joint-stock company, takes the view that the debt enforcement proceedings for the realization of the mortgage are already admissible after the provisional registration of the mechanic's lien. However, the High Court of the Canton of Zurich has decided that the definitive registration of the mechanic's lien in the land register is a prerequisite for the initiation of debt enforcement proceedings for the realization of the mortgage.
Considerations
The Federal Supreme Court confirms the view of the High Court. It states that the mechanic's lien as an indirectly statutory lien only arises with the definitive registration in the land register. Until then, only the provisional registration for the securing of the lien claim is noted. Only with the definitive registration are the requirements for debt enforcement proceedings for the realization of the lien met.
In contrast, debt enforcement proceedings…