Key legal question
Whether the estate-sharing agreement had to be corrected for a calculation error under Art. 24(3) CO
Extracted holding
Yes. The disputed amount of CHF 200,091.60 was a manifest misstatement of the parties' common and real intention, which was to follow the calculation yielding CHF 237,591.60.
Extracted reasoning
The agreement's calculation page showed the true result; the later reference to CHF 200,091.60 was a transcription error by the estate executor. Under Art. 24(3) CO, a shared and open calculation error, including an incorrect transcription of agreed bases, must be corrected and yields to the parties' real intent under Art. 18 CO.