Questão jurídica principal
Whether the contractual clause requiring return of rose stock worth CHF 48,000 created a recoverable damage claim.
Decisão extraída
The clause could not fix a forfaitary amount; it was invalid to the extent it pre-set compensation beyond actual damage. The relevant issue was the value of the plants at return.
Fundamentação extraída
Plants were part of the leased thing, not inventory items under Art. 277 CO and Art. 299b CO; Art. 299 al. 4 CO invalidates advance agreements exceeding actual damage and normal depreciation.