Question juridique clé
Whether damaging the privacy screen was justified under Art. 14 StGB or self-help under Art. 926 ZGB / Art. 647a ZGB
Solution extraite
The acts were not legally authorized; the appellant had to pursue legal remedies first, and the removal/damage of the screen was not a permissible ordinary management act.
Motifs extraits
The lower court findings were not shown to be arbitrary. The screen was permitted by the condominium rules and even if the approval were defective, that would not justify unilateral destruction. Art. 647a ZGB did not cover dismantling and damaging the screen.