Questione giuridica chiave
Whether the respondent's default at the main hearing required admission of the claim or amounted to acquiescence
Decisione estratta
No. Under Art. 234 CPC, the court must decide on the basis of the record and the appearing party's acts; default does not create automatic admission or factual acknowledgment.
Motivazione estratta
The cantonal court could interpret the respondent's written answer as containing only a clerical error in the designation of the party. Default at the hearing did not prevent the court from assessing contested allegations and the documentary record.