Das Fahrnispfandrecht und die Sicherstellung künftiger Forderungen

The pledge of movable property can be established analogously to the mortgage (Art. 824 para. 1 of the Swiss Civil Code) to secure future claims. It is required that the emergence of the future claim was already determinable and foreseeable at the time of establishing the pledge of movable property. But what do determinability and foreseeability mean? How precisely must the scope of the secured claims be defined for them to be secured by the pledge? Does the establishment of a "special" security exclude the applicability of the "general" pledge clause in the banks' general terms and conditions? To what extent is it permissible to break the principle of accessory rights to secure future claims? This dissertation offers solutions to the questions raised.

Author: Annabelle Peschke.