Kernrechtsfrage
Whether the appellants had passive standing after transfer of bare ownership subject to usufruct
Extrahierter Entscheid
No. Because a usufruct was created at the same time as the ownership transfer, the lease did not pass to the new owners under Art. 261 and 261a OR.
Extrahierte Begründung
In simplified rent proceedings the court had to establish the facts ex officio. The land register extract showed the usufruct; therefore the appellants were not the landlords and lacked passive standing.