Questione giuridica chiave
Whether the Obergericht acted arbitrarily in its prognosis of the likely outcome of the merits under § 302 Abs. 1 lit. b ZPO/AG.
Decisione estratta
No. It was not arbitrary to assess the likely success of a claims-based return action rather than a possessory action, because § 302 Abs. 1 lit. b ZPO/AG is not limited to possessory claims.
Motivazione estratta
The measure provision protects more than possessory rights and may also serve to secure the return of leased movable property; therefore the Obergericht could base the prognosis on the underlying property claim.