Interpretation of Divorce Agreement Cost-Sharing Clause

The court was asked to interpret a clause in a judicially approved divorce agreement where one party agreed to contribute half the moving and cleaning costs, up to a maximum of CHF 5,000. The court reasoned that a judicially approved divorce convention becomes an integral part of the judgment, and its interpretation, when it mandates a non-specified sum, should follow the rules for contract interpretation under Article 18 of the Code of Obligations, focusing on the objective meaning based on good faith, as the subjective intent was not proven. The court concluded that the phrasing "as a gesture of goodwill" and "without admission of legal obligation" did not negate the clear commitment to a half-share, especially given the explicit cost cap, thus affirming the lower court's decision to order payment of the claimed CHF 1,092.