Questão jurídica principal
Whether the price charged for the sublet was manifestly disproportionate and constituted usury under Art. 157 CP
Decisão extraída
The cantonal court wrongly accounted for economic risk as a justifying element; only the furnished nature of the premises could justify a surcharge, leaving a manifestly usurious excess.
Fundamentação extraída
In leasing matters, economic risk is not a prestation by the landlord and cannot justify the counterperformance. A surcharge for furniture is admissible, but here the remaining surplus remained far above the usual tolerated limits.