Question juridique clé
Whether the debtor's new allegation of payment could be considered on appeal in the definitive debt-enforcement proceedings.
Solution extraite
The payment allegation was inadmissible because new facts and new evidence are barred on appeal.
Motifs extraits
Under Art. 326(1) ZPO, new factual allegations and new evidence are excluded in appeal proceedings; this also applies when payment is alleged and supported by newly filed evidence.