Key legal question
Whether relying only on the 1996 and 1997 financial statements was arbitrary fact-finding in a divorce case governed by the inquisitorial principle.
Extracted holding
No. The wife had not objected to the documents at the hearing, had not requested earlier balance sheets, and parties must actively assist the court in gathering the facts even in inquisitorial proceedings.
Extracted reasoning
Although divorce proceedings are governed by the inquisitorial principle, the parties remain obliged to assist in collecting the procedural material, especially by submitting documents in their possession or requesting the court to order production from the opposing party.