Facts
By a purchase agreement dated March 4, 1969, Hans Gaberell sold his property to Teron AG. The workshop and its appurtenances remained the property of the seller. By oral agreement, the buyer's takeover of the purchase object was postponed indefinitely, so that the seller could continue to use the workshop and remain in the residential building. On April 2, 1977, the buyer terminated the tenancy. When the seller did not move out, the buyer filed an eviction petition against him. The President of the District Court of Nidau ordered the seller to demolish the workshop and vacate the premises. The Court of Appeal of the Canton of Bern upheld this eviction order.
The seller appealed the judgment of the Court of Appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court does not enter into the appeal. It finds that the contested decision is an interim injunction pursuant to Art. 326 No. 2 CPC/BE, which has only a provisional character. The seller must vacate the workshop before he can assert any better right he may have and claim compensation in ordinary proceedings.
The Federal Supreme Court explains that decisions on interim injunctions, according to the case law, do not constitute a final decision within the meaning of Art. 48 para. 1 OPA, against which an…