Question juridique clé
Whether the appellate court violated Art. 8 ZGB by refusing a witness and by accepting proof of regular maintenance payments.
Solution extraite
No. Art. 8 ZGB does not regulate the choice or assessment of evidence, and anticipatory evaluation of evidence is permissible.
Motifs extraits
The court may refuse evidence it deems incapable of changing the result; factual findings and evidentiary assessment are not reviewable on appeal.