Facts
In this case, there was a dispute between the parties regarding the eviction after the termination of a rental agreement pursuant to Art. 265 CO. The proceedings were conducted in summary proceedings pursuant to §§ 277 et seq. of the Zurich CPC. The cantonal decision rendered in the summary proceedings is not a final judgment, but has only provisional significance and is not decisive for a subsequent ordinary process.
Considerations
The Federal Supreme Court states that the cantonal decision rendered in the summary proceedings does not constitute a final judgment within the meaning of Art. 48 OJA. Therefore, an appeal against it is not admissible.
The summary proceedings serve to provisionally clarify the matter, to maintain the actual state of affairs, to provisionally settle liquid matters, and to enforce. The…