11 08 82 · Art. 220 und 257c OR

11 08 82 • KG LU 11 08 82 AI generated

Seller v. Buyer Rent Entitlement Dispute

Case Number 11 08 82

Court / Authority Kantonsgericht · sonstige

Jurisdiction

Switzerland · Canton of Lucerne (CH-LU)

Decision Date 2008-06-27

Outcome Dismissed

Open official source Entscheidsuche mirror Machine-readable Markdown (.md)

Legislator summary

AI generated

The dispute arose between the seller and buyer of a property over entitlement to the August 2005 rent, as the transfer of benefits and burdens was stipulated for August 1, 2005. The court reasoned that since the lease stipulated monthly rent payment in advance without specifying a date, the statutory due date of the last day of the month applies, meaning the August 2005 rent was due on July 31, 2005, and therefore did not transfer to the new owner on August 1, 2005, as it was not a future claim at that time.

Legislator headnote

AI generated

Art. 257c OR, Art. 220 und 257c OR; Seller v. Buyer Rent Entitlement Dispute: The court reasoned that since the lease stipulated monthly rent payment in advance without specifying a date, the statutory due date of the last day of the month applies, meaning the August 2005 rent was due on July 31, 2005, and therefore did not transfer to the new owner on August 1, 2005, as it was not a future claim at that time.