Questão jurídica principal
Whether payment of a money debt with WIR funds was agreed or accepted by the creditor under Art. 84(1) OR.
Decisão extraída
The debtor had to prove the creditor's consent to payment in WIR, and he failed to do so.
Fundamentação extraída
Under Art. 84(1) OR, cash payment is the default unless another mode is agreed. A debtor using another means of payment bears the burden of proving the creditor's express or implied consent. WIR practices and rules are not judicially notorious and had to be proven by the party relying on them; the evidence suggested no obligation to accept WIR for the amount in dispute.