Kernrechtsfrage
Whether the cantonal court arbitrarily refused possessory interim measures by shifting the dispute to contract law and conciliation.
Extrahierter Entscheid
The cantonal court could not deny possessory protection by requiring a contractual action; in an action under Art. 927 CC the judge must decide possession, not the underlying contract, unless the defendant immediately proves a preferable right under Art. 927(2) CC.
Extrahierte Begründung
Possessory actions protect factual possession only. Questions about the lease, its transfer, or a new lease belong to the merits. The lower court neither established a preferable right of the respondent nor determined the prior factual possession correctly, and it wrongly treated the matter as purely contractual.