Questão jurídica principal
Whether the action required prior conciliation under the lease rules of Art. 274a CO
Decisão extraída
Even assuming a tenancy-related dispute, the appeal would fail because insisting on prior conciliation here would protect abusive, contradictory conduct by defendants who had stopped paying rent while invoking a lease.
Fundamentação extraída
The Court held that the obligation to conciliate is not absolute in tenancy matters and that the defendants could not rely on the conciliation objection after ceasing rent payments; this would contradict good faith and amount to an abuse of rights.