Kernrechtsfrage
Whether the respondent's renunciation to forced enforcement should be taken into account as acquiescence and lead to striking the case from the roll.
Extrahierter Entscheid
The renunciation to enforced execution constitutes acquiescence to the appellant's conclusions; the court takes note of it and strikes the case off the roll.
Extrahierte Begründung
Under Art. 241 para. 2 CPC, an acquiescence has the effects of a final decision. A unilateral waiver by the respondent acknowledging the merits of the opposing claim is sufficient.