Facts
The applicants B. (Applicant 1, Respondent 1) and C. AG (Applicant 2, Respondent 2) are the owners of an agricultural business in U. and the associated agricultural properties in V. (collectively referred to as: the C. Farm). The C. Farm originally belonged to the husband of the appellant A.A. (Respondent, Appellant). Due to financial problems, [B.] granted a loan of CHF 550,000 to the husband.
On January 3, 1995, [B.] and the husband of the appellant concluded a purchase agreement for all 50 shares of C. AG. The acquisition of the shares by [B.] required a permit under the Federal Act on Rural Land Law (BGBB), which was not obtained. The Federal Court decided that the sale of the shares without a permit was void, but the tenancy agreement between the parties was extended until December 31, 2019.
By letter dated December 26, 2015, [B.] terminated the lease agreement as of December 31, 2016. The appellant then filed a lawsuit and requested that the tenancy agreement be extended until December 31, 2022. The Federal Court dismissed the claim insofar as it demanded the declaration of the nullity of the lease agreement and the termination, and remanded the matter to the Cantonal Court for a decision on the request for extension.
Considerations
The Federal Court states that the appellant was unable to prove any abuse of rights in the proceedings regarding the termination of the tenancy agreement with regard to her ownership of the registered shares of C. AG or her voting rights therein, as no right of residence has been proven. The lower court had correctly applied…