Kernrechtsfrage
Whether the appeal in a definitive debt-opening case is admissible when the disputed amount is below CHF 1,000.
Extrahierter Entscheid
The relevant threshold is the amount that can still be gained through the appeal, not the full originally claimed debt. Because only CHF 667.90 remained in dispute, the appeal was inadmissible.
Extrahierte Begründung
§ 243(2) ZPO is interpreted in light of prior practice and legislative history to mean the amount still in dispute. For the creditor, as for the debtor, an appeal is only available if the process gain exceeds CHF 1,000. A creditor may otherwise start enforcement anew.