11 08 82 · Art. 220 und 257c OR

11 08 82 • KG LU 11 08 82 Generato dall'IA

Seller v. Buyer Rent Entitlement Dispute

Numero d'incarto 11 08 82

Autorità giudiziaria Kantonsgericht · sonstige

Giurisdizione

Svizzera · Canton Lucerna (CH-LU)

Data della decisione 2008-06-27

Esito del giudizio Respinto (Dismissed)

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Sintesi Legislator

Generato dall'IA

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.

Regesto Legislator

Generato dall'IA

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.