Kernrechtsfrage
Whether the nullity appeal was admissible to challenge territorial and subject-matter jurisdiction in the succession-protection proceedings.
Extrahierter Entscheid
The appeal was in principle admissible only to the extent it alleged a violation of federal rules on competence; complaints based on cantonal law and new evidence were inadmissible.
Extrahierte Begründung
Because succession-protection measures are non-contentious and not open to reform appeal, a nullity appeal could be used for federal competence issues under Art. 68 cpv. 1 lett. e OG. However, cantonal-law complaints and new facts/evidence are excluded under Arts. 55 and 74 OG.