Kernrechtsfrage
Whether the 14 April 1998 agreement must be interpreted as a lifetime annuity under Art. 516 OR or as a separation-only support arrangement.
Extrahierter Entscheid
The agreement did not reflect a true joint intent to create a lifetime annuity; based on the parties' subsequent conduct, the obligation existed only while they lived apart.
Extrahierte Begründung
The Court held that contractual terms are interpreted first according to the actual common intent under Art. 18 OR. The lower court could, without arbitrariness, infer from the husband's later payments for housing costs and his failure to assert the claimed higher amount that he himself understood the monthly payments to cease once cohabitation resumed.