Questão jurídica principal
Whether the reform appeal could introduce a new damages claim not pursued in the cantonal instance
Decisão extraída
No. The appellant could reduce but not expand or change the object of the claim on reform appeal; the damages claim was a new conclusion.
Fundamentação extraída
In reform appeal, only the conclusions taken before the last cantonal instance may be submitted. A new or different object of claim is inadmissible under Art. 55 al. 1 let. b OJ.