Questione giuridica chiave
Whether the tenant validly exercised the statutory pre-emption right over the agricultural parcel within the statutory period.
Decisione estratta
Yes. The respondent's written assertion in the tenancy lawsuit, read in context, was a sufficiently clear, unconditional exercise declaration addressed to the owners and served within the time limit.
Motivazione estratta
Art. 681a ZGB applies to the BGBB pre-emption right. No special form is required; a procedural filing may serve as the declaration. The statement was directed to the heirs as owners, was clear enough to show the will to exercise the right, and the reservation concerned only the tenancy extension, not the pre-emption itself.