Question juridique clé
Whether the tenants were released from the lease obligations under Article 264(1) CO by proposing a replacement tenant
Solution extraite
No. The tenants failed to show that D. was actually willing to take over the lease on the same terms.
Motifs extraits
The Federal Supreme Court accepted the cantonal court's assessment that the decisive element was lack of willingness. The complaints attacked the evidence appraisal without demonstrating arbitrariness, which is insufficient under the restricted review of facts.