Question juridique clé
Whether the cantonal court violated the ban on ultra petita by awarding moratory interest from an earlier date than requested.
Solution extraite
No. Even with interest from 31 July 2001, the awarded claim remained below the capital amount claimed in the action.
Motifs extraits
The court compared the value of the awarded principal plus accrued interest with the amount claimed in capital at filing and found no award exceeding the scope of the claim.