Questione giuridica chiave
Whether a condominium co-owner may seek exclusion of another co-owner under Art. 649b ZGB when the claimant has also behaved grossly against the community.
Decisione estratta
The exclusion action is available only to a co-owner whose own conduct does not make continuation of the community unreasonable; a claimant who is himself grossly community-hostile cannot compel exclusion of the other member.
Motivazione estratta
Art. 649b ZGB protects the co-owner who complies with community duties. If the claimant himself has significantly contributed to the breakdown of the community, it would be unjustified to prioritize his interests over those of the equally misconducting opposing member.