Kernrechtsfrage
Whether interest and quarterly commissions could continue to be capitalized after termination of the credit account.
Extrahierter Entscheid
After termination, the balance fixed by the approved account statement was novated, but absent a contractual clause, later interest and commissions could not themselves become capital and bear interest.
Extrahierte Begründung
Novation requires recognition of the balance under Art. 117 CO. The anti-anatocism rule does not apply to running account only while the relationship continues; once terminated, no further capitalization occurs without express agreement.