Questione giuridica chiave
Whether the appellate court had to personally hear the person concerned under Art. 450e para. 4 CC
Decisione estratta
Yes. The appeal court itself must, as a rule, personally hear the person concerned; the failure to do so violated federal law.
Motivazione estratta
Art. 450e para. 4 CC is interpreted literally and in light of the purpose of appellate review. The hearing enables the court to form its own view of the person's current situation and to let him explain his grounds orally, especially since the appeal need not be motivated.