Questão jurídica principal
Whether an appeal is admissible against a cantonal judgment that depends on the plaintiff's performance of an oath and is therefore not yet final.
Decisão extraída
No. A decision that only makes the outcome of the claim dependent on whether the oath is taken or refused is not yet a final judgment and cannot be appealed to the Federal Court under Art. 58 O.G.
Fundamentação extraída
The appealed decision does not definitively grant or dismiss the claim; it merely states that the claim will succeed or fail depending on a later determination whether the oath was performed. Only once that factual question is resolved does a perfect, unconditional judgment exist.