Question juridique clé
Whether the cantonal court violated the right to be heard by not warning the parties before adopting its legal reasoning on the alleged defect.
Solution extraite
No. The court relied on the facts and legal basis already invoked by the parties and resolved a necessary question without changing the subject of the dispute.
Motifs extraits
A warning is required only for unexpected factual or legal grounds; here the court merely held that the alleged facts did not satisfy the conditions of Art. 197 CO.