Questão jurídica principal
Whether the subsidiary constitutional complaint was admissible alongside the civil law appeal
Decisão extraída
The civil law appeal was open because the amount in dispute exceeded CHF 30,000; the subsidiary constitutional complaint was therefore unavailable.
Fundamentação extraída
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.