Questione giuridica chiave
Whether the tenant validly exercised the statutory pre-emption right under Art. 47 BGBB and Art. 681a ZGB
Decisione estratta
Yes. The tenant addressed the owner, used a sufficiently clear and unconditional declaration, and timely notified the owner through service of the pleading in the lease case.
Motivazione estratta
The declaration may be made in procedural form, need not follow a special form, and must be interpreted according to good faith. The wording and context showed a definite will to exercise the pre-emption right, not merely an intention or wish.