Questão jurídica principal
Whether the refusal to order an expert violated the right to evidence in a sale dispute based on alleged fraud.
Decisão extraída
No violation was established because the expert request was not properly made under the applicable cantonal procedure and, in any event, no arbitrariness in anticipatory assessment of evidence was shown.
Fundamentação extraída
The Federal Court held that the appeal attacked the wrong procedural framework and failed to allege arbitrariness in the application of Geneva procedure or in the assessment of evidence. Without a regular evidentiary offer, no breach of Art. 8 CC or Art. 29(2) Cst. could be found.