Facts
The dispute opposes A., a buyer, to the real estate company B., concerning a contract for the sale of a residential unit in Teufen. The contract provided that A. would buy the apartment for 185,000 Swiss francs. However, due to additional costs, judicial disputes arose, which ended on April 25, 1984, with A. being sentenced to pay 6,830.25 Swiss francs, and the company being obliged to conclude the sales contract after receiving this sum. The sales contract was signed on May 2, 1985, and registered in the land register four days later.
The company brought an action against A. in February 1987, claiming payment of 31,232.80 Swiss francs, corresponding to property charges for the years 1975-1984. A. contested this claim and presented counterclaims.
The Cantonal Court of St. Gall, acting as the court of appeal, awarded the company 28,283.95 Swiss francs with interest, but rejected A.'s counterclaims.
Considerations
The Federal Court examined whether the Cantonal Court had violated Article 8 of the Swiss Civil Code (CC) by refusing to admit evidence presented by A. Article 8 CC provides that the party alleging a fact must prove it, unless the law provides otherwise. The Federal Court recalled that this provision gives the party bearing the burden of proof the right to have their request for evidence admitted, if it is presented in the proper form and is suitable for proving relevant facts.
The Federal Court considered that the Cantonal Court's refusal to admit the evidence presented by…