Questão jurídica principal
Whether the cantonal court violated the right to legal aid by finding the debt-relief action lacked chances of success.
Decisão extraída
No. The cantonal court could, without arbitrariness, conclude that the decisive facts were not sufficiently provable and that the action was therefore unlikely to succeed.
Fundamentação extraída
The federal court held that anticipatory assessment of the evidence was permissible. Given the witnesses' proximity to the parties and the commercial context, the cantonal court could reasonably doubt that the alleged unwritten suspensive condition would be proven.