Article 13(2) was created to protect the debtor from any unauthorised
behaviour of the creditor.
Article 13(2) givs the courts the possibility to impose a security deposit or other obligations on the creditor to cover possible damages of the debtor in case of unlawful exercise of the remedy by the creditor.
Nothing prevents that also debtor related remedies foreseen by the
applicable national law are allowed under the Convention. Furthermore, in
this special case, the imposition of a security deposit or other obligations onto
the debtor are – at least from a Swiss legal point of view – procedural in
nature and therefore fall within the scope of Article 14.
Article 14, subject to adeclaration by the Contracting State, in combination with Article 15 provides for the mandatory application of the procedural law of the place of exercise.
It is not within the scope of this paper to examine whether procedural or
substantive law shall prevail in such context, but it must be mentioned that the
reference to remedies applicable under the applicable national law is unclear