Kernrechtsfrage
Whether the appeal was admissible despite the appellant's failure to join all co-heirs, in particular her son, as respondents.
Extrahierter Entscheid
In a partition action, all co-heirs are necessary parties on appeal as well; because the appellant did not name her son as respondent, the appeal could not be heard.
Extrahierte Begründung
An action for partition is a formative action that must be brought against all co-heirs and produces effects for all of them. The same rule applies on appeal. Under Art. 55 OJ the appellant must designate the respondents; the court cannot correct the omission by joining a co-heir ex officio in a dispositive-action case. The omission therefore requires rejection without examination of the merits.