Questão jurídica principal
Whether the claimant could base the canton’s liability on federal civil law, especially Arts. 50 ff. OR
Decisão extraída
No. Federal tort provisions do not create liability of a canton for damage caused by its officials in the exercise of non-commercial public functions; Art. 76 OR reserves such liability to other legislation.
Fundamentação extraída
The asserted liability belongs to public law. Under Art. 56 OG, only the invocation of federal private-law norms can be reviewed on appeal. Since those norms do not support the claim, no federal civil law issue is present.