Incorrect Instruction on Appeal Remedy in Debt Collection Case Post-Procedural Code Change

In a debt collection proceeding where the initial judgment's notification occurred before the new Code of Civil Procedure (ZPO) came into effect but the reasoned decision was issued afterward, the court dismissed the appeal as untimely because the lower court incorrectly instructed the appellant to file a "Berufung" (appeal under the new ZPO) instead of an "Appellation" (appeal under the former cantonal law). The appellate court reasoned that the legally represented appellant could not rely on the incorrect instruction regarding the applicable remedy, as the attorney, by simply consulting the clear text of the transitional provisions of the new ZPO, specifically Article 405, could have recognized that the former cantonal law applied, meaning the appeal deadline under the cantonal law had already passed.