Facts
K. concluded a lease agreement for a Pontiac passenger car with P. AG (now A.B. Leasing AG) on January 29, 1979. Disputes arose regarding the outstanding amount, whereupon the lessor assigned its claims to W. Inkasso AG.
On May 4, 1983, W. Inkasso AG filed a claim with the District Court of Zurich against K. for payment of CHF 10,732.90 plus 12% interest. The District Court dismissed both the main claim and the counterclaim. Before the Cantonal Court of Zurich, only the reduced main claim was disputed, but it was also dismissed.
The plaintiff requested in its appeal that the judgment of the Cantonal Court be set aside and the claim for CHF 9,457.90 plus 12% interest since November 20, 1980 be upheld.
Considerations
The Cantonal Court assumed that the disputed lease agreement was subject to the provisions on installment purchases under Art. 226m para. 1 CO and was invalid because it did not meet the requirements of Art. 226a CO.
The decisive factor is whether the contract pursues the same economic purposes as an installment purchase. The determining factor is not the question of legal ownership, but the economic situation in which the lessee is guaranteed permanent and undisturbed use of the item and effectively…