Questão jurídica principal
Whether, in the rent-yield calculation under Art. 269 CO, donated land must be valued at market price rather than zero.
Decisão extraída
A landlord who acquired land at a preferential or gratuitous price may base the return calculation on the market value at the time of acquisition; however, on the record here the landlord failed to establish that value, so the cantonal court did not violate federal law by excluding the land value.
Fundamentação extraída
Only the market value at the time of preferential acquisition allows the landlord to benefit from the liberal disposition. But the landlord bears the burden of proving the relevant value, and no usable evidence was provided.