Key legal question
Whether the claimant was entitled to an evidentiary expert report on somatic complaints under Art. 8 ZGB.
Extracted holding
No. The claimant had conditionally requested such an expert report only if the defendants disputed the usability of existing medical records; the later request on appeal conflicted with his prior position and was barred by cantonal procedural rules.
Extracted reasoning
Art. 8 ZGB does not regulate how evidence must be taken or assessed. The lower court lawfully refused the belated request because the claimant had not validly presented the evidentiary motion under cantonal procedure.