Facts
Printing Studio AG had leased an unbuilt land from the Binder Inheritance Community from July 3, 1962 to December 31, 1971 in order to erect a movable construction. The parties also concluded a "right of superficies contract" for this construction, which was registered in the land register. After the defendants acquired the land in 1969, they terminated the lease on December 31, 1971. Printing Studio AG then requested an extension of the lease based on Art. 267a CO, which was rejected at first instance and partially admitted on appeal.Considerations
The Federal Tribunal considers that the lease of an unbuilt land cannot be extended on the basis of Art. 267a CO, even when the tenant has erected a movable construction on it. This provision applies only to leases of dwellings and commercial premises, and not to unbuilt land. An analogous application of Art. 267a CO is only conceivable in quite exceptional cases, which is…