Claim from real estate lease as personal claim pursuant to Art. 59 BV

Facts

By contract dated October 1, 1959, Fritz Menzi leased garage premises in Mollis (Canton of Glarus) to Hermann Gisler, who resided in Zollikerberg (Canton of Zurich), for the professional practice of his brother Paul Gisler. After Menzi had terminated the lease at the end of April 1964, he sued Hermann and Paul Gisler before the Civil Court of the Canton of Glarus for payment of the purchase price for various goods delivered in the months of January-April 1964 and for compensation for tools taken over under the lease agreement but no longer present.

Hermann Gisler contested the local jurisdiction of the court, invoking Art. 59 BV. The Civil Court of Glarus upheld this objection, but the Higher Court of the Canton of Glarus dismissed it, as it considered claims from real estate leases to be personal claims within the meaning of Art. 59 BV.

By way of a constitutional appeal, Hermann Gisler requested that the judgment of the Higher Court be set aside, as it constituted a violation of Art. 59 BV.

Considerations

The Federal Court upheld the appeal. It adhered to its established case law, according to which claims arising from a contract, whether for performance, damages, rescission or declaration of invalidity, are to be treated as personal claims even if the contract relates to real estate.

The Federal Court refused to deviate from Art. 59 BV on the grounds of procedural economy or expediency. This constitutional guarantee in favor of the debtor must not be weakened or undermined, as this would be detrimental to legal certainty.