Question juridique clé
Whether witness X. should be examined on the defendant's evidentiary offer concerning the plaintiff's maintenance contribution and family circumstances.
Solution extraite
The witness examination is refused because the asserted evidentiary theme was too vaguely formulated, the necessary factual allegations were missing, and the late clarification at the appeal hearing could no longer be considered.
Motifs extraits
Under the pleading principle, evidence may only be taken on alleged facts. A witness theme that merely states general familiarity with the parties' family circumstances is too imprecise, and a missing factual allegation cannot be cured through the taking of evidence. The late expansion/clarification at the appeal hearing was untimely under the applicable procedural provisions.