Termination of the Lease by the Acquirer of the Leased Property

Facts

Mr. M. is the tenant of an apartment in a building belonging to company A. On November 10, 1987, B. and associates acquired a promise of sale and a right of pre-emption over the entire building. On June 27, 1988, company A. sold 560.93 thousandths of the co-ownership by floors to B. and associates. On July 18, 1988, the acquirers terminated Mr. M.'s lease. The Rental Tribunal declared this termination null and void, but the Rental Appeals Chamber annulled this judgment and held that the termination was valid. Mr. M. then filed an appeal for reform against this decision.

Considerations

The Federal Tribunal dismissed the appeal to the extent that it was admissible. It considered that the acquirer of the leased property can terminate the lease as soon as the transfer of ownership is registered in the land register journal, in accordance with Art. 259 para. 2 former CO. According to case law, only the registration in the journal has significance from the point of view of substantive law, and the acquirer cannot be deprived of the right to dispose of the building between the time of registration in the journal and the time of registration in the main register.

The question of whether the termination can also take place in the case of a provisional requisition within the meaning of Art. 972 para. 2 CC remained undecided. In the present case, the land register keeper did not reject the registration request of June 29,…