Question juridique clé
Whether a decision rendered in Zurich summary proceedings on a private-law eviction dispute is appealable as a final judgment.
Solution extraite
No. Such a decision is only provisional, lacks res judicata effect, and is therefore not a final judgment under Art. 48 OG.
Motifs extraits
Summary proceedings under §§ 277 ff. ZPO/ZH serve only provisional clarification, preservation of the status quo, provisional handling of liquid matters, or enforcement. A decision in such proceedings on a private-law dispute has only provisional significance and does not bind a later ordinary action.