Kernrechtsfrage
Whether Article 12 of the merger convention could restrict the circle of farmers eligible for a communal lease despite cantonal agricultural lease law.
Extrahierter Entscheid
Article 12 merely restricted the pool of potential contracting farmers and did not conflict with the rule that lease contracts are concluded by mutual agreement.
Extrahierte Begründung
Article 3 LALBFA/FR governs the manner of concluding the lease, not unrestricted choice of lessee. The convention could add a geographic limitation, and the law itself allows certain restrictions and derogations for alpine and pasture leases.