Questão jurídica principal
Whether the complaint could challenge the arrest of insurance-policy claims under Art. 80 VVG although this objection had not been raised below.
Decisão extraída
That argument was not admissible because it had not been raised in the cantonal proceedings and the lower decisions contained no factual findings on it.
Fundamentação extraída
New objections requiring factual findings cannot be raised for the first time before the Federal Supreme Court under Art. 79(1) OG.