Key legal question
Whether the cantonal courts violated the right to be heard by refusing to take evidence on the amount the respondent might receive in SAirGroup's concordat proceedings.
Extracted holding
No. The request was insufficiently reasoned, and the proposed fact was legally irrelevant because the respondent could claim the full remaining debt from any solidary debtor, minus only amounts already received.
Extracted reasoning
The complaint did not identify a concrete means of proof. In any event, the amount potentially received from the other debtor was irrelevant to the current claim, since the creditor need not deduct future recoveries from another solidary debtor.