Questão jurídica principal
Whether the cantonal court violated Art. 343 para. 4 CO by not investigating the existence of a specific internal dismissal procedure.
Decisão extraída
No violation was shown; the court could rely on the evidence offered, and the duty to inquire did not relieve the parties of their obligation to collaborate and produce evidence.
Fundamentação extraída
The alleged procedural rule was not established on the record. Art. 343 para. 4 CO requires the judge to establish facts ex officio and assess evidence freely, but parties must still identify facts and evidence. The complaint was in substance an attack on fact-finding and evidence assessment, which was not properly raised.