Key legal question
Whether the cantonal court violated Art. 8 ZGB by refusing evidence on the buyer's income and affordability
Extracted holding
No. The court relied on existing annual accounts and assessed the evidence; Art. 8 ZGB does not bar anticipatory weighing of evidence.
Extracted reasoning
Art. 8 ZGB applies only where a party is denied proof of a legally relevant fact despite a proper request and evidentiary uncertainty. Here the lower court made findings by evaluating the evidence, which is a matter not reviewable under Art. 8 ZGB.