Kernrechtsfrage
Whether the employee had possession of the company car for purposes of retention rights under Art. 895 CC
Extrahierter Entscheid
Yes. The employee was not merely a possession servant; he had sufficient independent control and responsibility over the car to qualify as possessor.
Extrahierte Begründung
The car was assigned exclusively to him, registered in his name, stationed at his residence, and not part of the employer’s general vehicle fleet. These circumstances showed lasting, autonomous control beyond a servant’s mere factual holding.