Questão jurídica principal
Whether the refusal to take evidence on the amount the respondent might receive in the SAirGroup concordat violated the right to be heard or cantonal procedure
Decisão extraída
No. The request was insufficiently substantiated and concerned a legally irrelevant future fact; no evidence had to be taken.
Fundamentação extraída
In a solidary-debtor situation, the claimant may seek full performance from either debtor and need only deduct amounts already received, not speculative future recoveries from the other debtor.