Questão jurídica principal
Whether the respondents were entitled to terminate the lease on the municipality-owned parcel, and whether the appellant had proved a transfer of the lease or a new lease with the municipality.
Decisão extraída
The appellant failed to establish a lease transfer or new lease relationship with the municipality; the respondents' sublease-based use right remained effective, so the termination was valid.
Fundamentação extraída
The lower court did not wrongly distribute the burden of proof under Art. 8 ZGB. The appellant bore the burden for its alleged contractual acquisition. The court relied on the written 1998 contract and witness statements, not on prooflessness, and could reject further evidence in anticipatory assessment.