Questão jurídica principal
Whether the second lease termination of 7 July 2003 was voidable as abusive under Art. 271a(1)(d) CO because conciliation proceedings were pending.
Decisão extraída
The second termination was not abusive; the statutory presumption did not apply because it merely cured the formal defect of the first notice.
Fundamentação extraída
A repeated notice served to remedy a prior null termination for failure to notify each spouse separately does not express retaliation. The tenants could raise all claims again in the second conciliation proceeding, so no legitimate claims were frustrated.