Facts
A. leased commercial premises to T. to operate a grocery store. The lease contract, with an initial term of 5 years, provided for the possibility of 5 extensions of 3 years each. The parties agreed that the lease contract could be registered in the land register. A. exercised his right of extension twice. As T. did not give his consent for the annotation of the lease contract in the land register, A. approached the president of the district of X., who ordered the land registry office of Z. to provisionally register the lease contract. The land registry office rejected this request.
Considerations
The Federal Tribunal considers that the land registry officer has a limited power of examination, limited to the specific legal requirements of the land register and formal conditions. His examination does not extend to substantive law, and he can only oppose the execution of a judgment when the legal conditions for registration are manifestly not met.
In the present case, the decision of the district president clearly refers to the application for annotation filed with the land registry, so that the officer cannot have any doubt as to how to execute this decision. Even if it is considered that the…