Questão jurídica principal
Whether Art. 17 final title CC applied to the alleged historic right of passage
Decisão extraída
The provision was inapplicable because no pre-existing real right was shown and the relied-on cantonal rule had been repealed.
Fundamentação extraída
The court found no established servitude or public-law incorporation of the path and held that the appellants did not demonstrate arbitrary cantonal-law application.