Facts
The [X. AG] (appellant) applied to the District Court of Bremgarten to order the [Y. AG] in liquidation (respondent) to vacate a property in [M.] under threat of penalty. The District Court did not enter into the claim, as the facts were neither undisputed nor immediately provable, and the legal situation did not appear clear. The appeal of the [X. AG] against this decision was dismissed by the High Court of the Canton of Aargau.Considerations
The Federal Court confirmed the decision of the lower instance. It stated that for legal protection in clear cases under Art. 257 CPC, it is required that the plaintiff provides full proof of the facts establishing the claim and the legal situation is clear. In the present case, the legal situation was indeed clear, as in the case of an indefinite loan for use, the lender can demand the return of the property at any time.…