Kernrechtsfrage
Whether the insurer's letters of 22 May and 13 August 1998 constituted an acknowledgment of debt interrupting prescription.
Extrahierter Entscheid
No. The letters expressed a continued refusal to pay and, read objectively, could not be understood as a legal acknowledgment of the claimed debt.
Extrahierte Begründung
Under Art. 135 ch. 1 CO, acknowledgment requires a manifestation that the debtor accepts being legally bound. A transaction offer or goodwill gesture does not amount to such recognition when the debtor expressly maintains that nothing is owed.