Kernrechtsfrage
Whether the two borrowers were jointly and severally liable for the loan repayment
Extrahierter Entscheid
Yes. The acknowledgment and surrounding circumstances allowed the creditor to understand that both spouses undertook a joint obligation to repay the whole loan.
Extrahierte Begründung
Passive solidarity under Art. 143 CO can arise tacitly from the contract and its context. Here, the loan was contracted jointly, the acknowledgment named both spouses for the full amount, interest was owed on the whole sum, and the creditor could in good faith understand the loan as intended for the marital community's needs.