Kernrechtsfrage
Whether the summons to appear before the Brig judge violated the appellants' constitutional right to their domicile court under Art. 59 BV.
Extrahierter Entscheid
The summons did not violate Art. 59 BV because the parties had validly prorogated jurisdiction to Brig by agreeing to a contractual domicile there.
Extrahierte Begründung
The appellants were personally sued and ordinarily could invoke their home forum in Fribourg. However, the written contract signed by them contained a domicile clause at the office of Architect Guggiardi in Brig. The appellants failed to prove any later rescission of that contract. The clause was treated as a forum selection clause, and the dispute fell within it because it concerned contractual performance, damages, and third-party completion rights arising from the same contract.