Whether depens may be awarded ex officio when the successful party did not request them in first instance.
No. Under the CPC, depens are not fixed ex officio; they must be expressly claimed by the entitled party.
The court held that art. 105 al. 2 CPC does not derogate from the disposition principle for depens. Preparatory works and Federal Supreme Court case law confirm that costs and depens are treated differently: judicial costs are fixed ex officio, but depens require an express request. Since C.________ made no request for depens, the first instance had no basis to award them.