Question juridique clé
Whether Art. 308 OR applies to a lease of a lake property for ice harvesting
Solution extraite
No. The proportional reduction of rent under Art. 308 OR applies only to leases of agricultural land in the strict sense, i.e. land used for crop farming or livestock, not to a lake property leased for ice extraction.
Motifs extraits
Art. 308 OR is an exceptional rule based on the special conditions of agriculture and does not express a general principle of lease law. The lessee bears the risk of yield unless the lease concerns agricultural land proper; analogies with other forms of natural production do not extend the provision.