Questão jurídica principal
Whether the February 1995 servitude contract became binding or lapsed because the suspensive condition failed
Decisão extraída
The court upheld the cantonal finding that the contract lapsed because the agreed access route was an essential element and the condition precedent did not occur.
Fundamentação extraída
The appellant did not show arbitrariness in the finding of the parties' actual intent. The cantonal court could rely on witness testimony, correspondence, subsequent conduct, and the parties' failure to insist on land-register entry or pay contractual costs.