Kernrechtsfrage
Whether the heirs’ community had standing to pursue the public-law appeal after the appellant’s death
Extrahierter Entscheid
No. The heirs’ community had not validly constituted itself as appellant because all heirs had not joined or authorized representation, so active standing was lacking.
Extrahierte Begründung
Under Art. 602 CC, rights of the estate must be exercised jointly by all co-heirs, subject to limited exceptions. Here, one heir did not participate, did not grant a power of attorney, and no common representative was appointed; therefore the appeal could not be heard on the merits.