Kernrechtsfrage
Whether Y had consented to the allegedly defamatory statements
Extrahierter Entscheid
No valid consent was given; Y only exercised his statutory right to be heard and to defend himself in the exclusion proceedings.
Extrahierte Begründung
Consent to personality infringements must be voluntary, informed, and generally given in advance. Participation in the association and attendance at the assembly did not amount to consent to reputational attacks.