Questione giuridica chiave
Whether the Oberamtmann may order eviction of tenants or lessees under customary law without prior civil-court determination.
Decisione estratta
The Oberamtmann may order eviction only where the legal and factual situation is completely clear and termination of the tenancy or lease is beyond doubt; any uncertainty requires referral to the civil judge.
Motivazione estratta
Because the measure intrudes into execution-like enforcement, the administrative officer may not simultaneously decide disputed civil-law questions and carry out execution. The standard of clarity is strict; even the slightest uncertainty excludes the customary eviction competence. The owner must be directed to the civil procedure provided by § 255 lit. c ZPO, after which the administrative authority may enforce the civil judgment in the ordinary manner.