Key legal question
Whether the dispositive part of the appellate judgment had to be rectified under Art. 334 para. 1 CPC to match the reasoning on costs.
Extracted holding
Yes. The costs paragraph was inconsistent with the reasoning and had to be corrected so that the respondent must pay CHF 3,150 in costs.
Extracted reasoning
Under Art. 334 para. 1 CPC, a decision may be interpreted or rectified when the dispositive part is unclear, contradictory, incomplete, or does not correspond to the reasoning. The court had explained that the respondent was entitled to CHF 3,150 in costs, so the dispositive wording needed correction.