Kernrechtsfrage
Whether Art. 17 final title CC applied to the alleged historic right of passage
Extrahierter Entscheid
The provision was inapplicable because no pre-existing real right was shown and the relied-on cantonal rule had been repealed.
Extrahierte Begründung
The court found no established servitude or public-law incorporation of the path and held that the appellants did not demonstrate arbitrary cantonal-law application.