Key legal question
Whether the cantonal judgment on liability and costs was an enforceable title for definitive debt collection release under Art. 80 LP.
Extracted holding
No. The prior judgment on the preliminary issue of liability did not become definitively binding merely because no immediate federal appeal was filed; it could not serve as a title for definitive release.
Extracted reasoning
A prejudicial decision becomes final together with the final judgment if no immediate appeal is taken. The cantonal court’s contrary view—that an ordinary appeal had to be filed immediately on pain of finality—was arbitrary. The costs award attached to the prejudicial decision followed the same fate.