Questione giuridica chiave
Whether the municipality's claim for retroactive care-home fees was an abuse of rights under Art. 2(2) CC.
Decisione estratta
The abuse-of-rights argument was inadmissible because it relied on facts not established by the cantonal judgment; on the established facts, the claim did not appear surprising and the municipality had not acted to harm the heirs.
Motivazione estratta
Federal review was bound by the cantonal findings. Those findings showed the heirs had been informed in 1999 that arrears were pending, so the 2002 demand was not sudden. The delay was explained by administrative uncertainty, not by abusive intent.