Questione giuridica chiave
Whether the subsidiary constitutional complaint was admissible alongside the civil law appeal
Decisione estratta
The civil law appeal was open because the amount in dispute exceeded CHF 30,000; the subsidiary constitutional complaint was therefore unavailable.
Motivazione estratta
The value in dispute is determined by the capital claim still contested before the cantonal court, excluding interest and costs. Because that amount reached the statutory threshold, only the civil law appeal could be used.