Questione giuridica chiave
Whether a nuisance action under Art. 679 CC can directly seek eviction of tenants of another co-owner
Decisione estratta
No. The action under Art. 679 CC may compel cessation of the disturbing behavior, but not the tenants' eviction directly.
Motivazione estratta
What must be removed is the excessive, disturbing conduct constituting the immission, not the mere presence of the occupants. Eviction may only be sought indirectly through an order against the co-owner or via exclusion of that co-owner under Art. 649b CC.