Question juridique clé
Whether an eviction action under Art. 197 lit. d ZPO requires clear law or liquid facts as a condition for a decision on the merits.
Solution extraite
No. Under the plain wording of Art. 197 lit. d ZPO, eviction proceedings are meant to provide swift protection and do not require clear law or liquid facts.
Motifs extraits
The court held that, unlike Art. 197 lit. a ZPO, Art. 197 lit. d ZPO does not impose the prerequisites of clear law or established factual circumstances. This applies to all eviction proceedings, including lease and tenancy cases.