Kernrechtsfrage
Whether the appeal should be allowed on the ground that the respondents acted abusively under Art. 2(2) ZGB by insisting on eviction.
Extrahierter Entscheid
No abuse of rights was shown because no valid subsequent termination had been established; insisting on possession was therefore not abusive.
Extrahierte Begründung
The court held that a dolo agit situation would arise only if the tenants demanded surrender while being bound to return the premises immediately after a valid termination. Since the existence of a valid termination was not established, the appellants could not rely on abuse of rights.