Questione giuridica chiave
Whether the appeal had to be declared inadmissible because the required advance of costs was not paid within the final deadline.
Decisione estratta
Yes. After the appellant did not pay the advance of CHF 5,990 despite repeated extensions and a final five-day deadline, the appeal had to be declared inadmissible.
Motivazione estratta
Under Art. 98 and Art. 101(3) CPC, if the advance of costs is not paid by the expiry of the additional deadline, the court must not enter into the appeal.