Questão jurídica principal
Whether the third-party notice against the foundation satisfied Art. 81 CPC
Decisão extraída
The notice had to be admitted because the court may only check whether a sufficient connection exists between the main claim and the recourse claim alleged by the notifier, not the merits of that recourse claim.
Fundamentação extraída
The cantonal court wrongly assessed the substantive strength of the surgeon's possible claim against the foundation. On the pleadings, a recourse against a potentially jointly liable party was conceivable, so the required connexity existed.