Key legal question
Whether a provisional-measures request for account rendering under Art. 400 CO is admissible.
Extracted holding
No; a provisional order that would definitively exhaust the right to information/account rendering cannot be used, because the claim would be finally decided without a later validation action.
Extracted reasoning
The Court held that Art. 98 LTF applies because the lower court’s refusal preserved the possibility of a full ordinary action. Ordering disclosure would have definitive effect, similar to consultation of corporate accounts, so the provisional route is inappropriate.