Question juridique clé
Whether the 6 March 2002 deed waiving the CHF 800,000 loan was void for lack of public notarization under Art. 216 OR.
Solution extraite
The waiver deed was not part of the land sale agreement and did not alter the exchange relationship; public notarization was therefore not required.
Motifs extraits
The sale and the later waiver were two distinct transactions by purpose and intent. The waiver served the seller's independent wish to keep rents stable, so it did not modify the purchase price or the essential elements of the property sale.