Questione giuridica chiave
Whether the appellate court violated the social inquisitorial duty under Art. 274d CO by not clarifying the tenant's alleged counterclaims and the landlord's accounts.
Decisione estratta
Yes. In the presence of new and disputed allegations and unclear accounts, the appellate court had to prompt the parties to produce proof and clearer annual accounts.
Motivazione estratta
The court held that Art. 274d para. 3 CO requires the judge to question the parties and clarify doubtful completeness of allegations and evidence when objective reasons for doubt exist. Here, the tenant raised new alleged claims and the landlord relied on confusing company accounts; the appellate court should have ordered evidentiary clarification before deciding on compensation and rent default.