Facts
Landlord R. has filed a request for retention of the movable property located in the rented premises of tenant S., for an amount of unpaid rent of CHF 27,360 for the period from 1 June 1976 to 1 June 1977, as well as CHF 13,600 for the current semester from 1 June 1977 to 1 December 1977. This request was rejected by the Office of Debt Collection and Bankruptcy, and then by the Supervisory Authority of the Canton of Grisons. The landlord then appealed to the Federal Tribunal, which ultimately annulled the previous decisions and ordered the Office of Debt Collection and Bankruptcy to issue the landlord a certificate of retention for the overdue rent of one year, i.e. CHF 21,506.40 from 1 May 1976 to 30 April 1977, as well as for the current semester, i.e. CHF 10,753.20 from 1 May 1977 to 31 October 1977.Considerations
The Federal Tribunal considered that the Office of Debt Collection and Bankruptcy can only refuse to draw up the inventory of objects subject to the landlord's right of retention if the non-existence of this right is manifest and unequivocal. However, in the present case, the lease agreement concluded on 29 August 1973 for a period of 10 years has not been validly terminated, despite the tenant's allegations. The enforcement authorities cannot therefore rule on the early termination of the contract, which falls within the jurisdiction of the civil court.
Furthermore, the determination of the amount of rent and the periods to which they relate is a matter of…