Questão jurídica principal
Whether contractual repair compensation gives rise to a landlord's retention right under Art. 283 SchKG.
Decisão extraída
Only claims that are rent- or rent-like contractual consideration can support a retention right; a lump-sum claim arising from breach and damages does not.
Fundamentação extraída
The court distinguished rent-like contractual performance from a fixed lump-sum compensation. Unlike the lease clause in the earlier precedent, the CHF 10,000 claim here was not a specifically determinable monetary consideration for the use of the premises, but a damages claim arising from contractual breach. Therefore it lacked the character required for retention.