Questione giuridica chiave
Whether the dispositive part of the prior judgment had to be rectified under Art. 334 CPC regarding restitution of the advance on costs and second-instance costs.
Decisione estratta
Yes. Because the appellant had been granted legal aid covering the advance on costs, the losing respondent did not have to reimburse that advance; only second-instance legal costs of CHF 3,000 were owed.
Motivazione estratta
Legal aid includes exemption from advances and security. If the aided appellant prevails, the losing respondent cannot be ordered to reimburse the advance, since it was not actually payable by the aided party. The dispositive part had to be aligned with the reasons.