Kernrechtsfrage
Whether the reform appeal was admissible despite the appellant seeking only annulment and remand without substantive conclusions.
Extrahierter Entscheid
In a reform appeal, the appellant must normally seek a decision on the merits; mere annulment and remand is exceptional only when the Federal Supreme Court could not itself rule on the merits. That exception was not met here.
Extrahierte Begründung
If an alleged manifest factual error and a violation of Art. 855 para. 1 CC were accepted, the court could itself order repayment; therefore it was able to decide on the merits and the appeal required substantive conclusions.