Key legal question
Whether the defendant was entitled to production of the tenants’ 28 April 1992 letter and whether Art. 8 CC was violated.
Extracted holding
No. The refusal to order production was an assessment of evidence, not a breach of the burden-of-proof rule; the argument was therefore inadmissible in reform proceedings.
Extracted reasoning
Art. 8 CC grants a right to evidence only for relevant, contested facts proved by suitable means. Once the cantonal court considered the record sufficient, the matter fell under free assessment of evidence, reviewable only by public-law appeal.