Question juridique clé
Whether the market value of land received by donation must be included in the landlord's invested equity for rent-yield calculation under Art. 269 CO.
Solution extraite
Yes. In a preferential acquisition such as donation or mixed donation, the landlord may base the property value on the market price at acquisition; however, on the facts here the landlord proved no value for the land, so the cantonal court did not err by excluding it.
Motifs extraits
A preferential transfer is intended to benefit the acquirer, not the tenants. Yet the landlord still bears the burden of substantiating the value on which the yield calculation rests. Because no land value or comparable evidence was established, the cantonal court could proceed without it.