Questione giuridica chiave
Whether the landlord lost the asserted retention right by failing to contest the third party’s ownership claim within the enforcement procedure.
Decisione estratta
No forfeiture occurred; the landlord’s failure to contest the third-party claim did not extinguish the retention right.
Motivazione estratta
The retention right can extend, within Art. 294 OR, even to property owned by third parties. Non-contestation of the third-party ownership claim may amount to recognition of that claim, but it is not an official summons to enforce the landlord’s retention right, and thus does not cause forfeiture.