Key legal question
Whether the dispositive paragraph ordering reimbursement of the second-instance cost advance had to be rectified to match the reasoning.
Extracted holding
Yes. The dispositive paragraph was erroneous and had to be corrected so that the respondent, not the appellant, pays CHF 300 to the appellant.
Extracted reasoning
Under Art. 334 CPC, a dispositive may be interpreted or rectified when it is unclear, contradictory, incomplete, or inconsistent with the reasoning. The court found that the dispositive contradicted the prior reasoning and rectification was therefore warranted; the respondent did not oppose it.