Questione giuridica chiave
Whether the negative declaratory action showed a sufficient declaratory interest despite the small debt and pending objection
Decisione estratta
No sufficient declaratory interest was shown; the mere existence of debt collection on a relatively small amount was not enough.
Motivazione estratta
Declaratory relief requires an immediate, significant and protectable interest; for negative actions the creditor's interests and the burden of forcing premature litigation must also be considered. The cantonal court could, without arbitrariness, deny that the pending collection of a small amount created enough uncertainty to justify immediate judicial relief.