Facts
On 23 July 1990, Ms. Sch.-A. filed an application with the debt collection office for the establishment of a retention order against M., the tenant of a single-family house in H. The application concerned rent arrears for the period from 1 July 1989 to 31 May 1990, amounting to a total of CHF 14,300. The debt collection office rejected the application on the grounds that the right of retention for rental housing had been abolished with the revision of tenancy law that entered into force on 1 July 1990. The Supervisory Chamber for Debt Collection and Bankruptcy of the Canton of Solothurn confirmed this decision. Ms. Sch.-A. then appealed against this decision to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.Considerations
The Federal Supreme Court upheld the appeal. It considered that the landlord's right of retention provided for under the old law (Art. 272 and 286 para. 3 former CO) should be recognized and protected in accordance with the principle of trust for rent arrears before the entry into force of…