Questão jurídica principal
Whether the Oberamtman was competent under Art. 274g OR to decide the tenant's challenge to the termination.
Decisão extraída
No. The Oberamtman is not the ordinary eviction authority under tenancy law and cannot decide the validity of a termination.
Fundamentação extraída
Art. 274g OR transfers the decision on the effects of certain extraordinary terminations only to the authority competent for eviction. Under cantonal law and the applicable summary procedure, that authority is the civil court president, not the Oberamtman. The latter's customary competence for eviction in clear cases does not extend to deciding disputed civil-law validity questions.