Question juridique clé
Whether the request for precautionary evidence-taking under Art. 158 ZPO should be granted
Solution extraite
The request was properly refused; no enforceable entitlement to a precautionary medical expert report was shown.
Motifs extraits
Constitutional rights to be heard and to evidence do not themselves create a right to precautionary evidence-taking. The appellant failed to demonstrate a sufficiently substantiated protected interest and did not meet the strict requirements for challenging the factual findings.