Kernrechtsfrage
Whether the public law appeal was admissible against the cantonal possessory judgment.
Extrahierter Entscheid
The appeal was admissible only insofar as it challenged factual findings or evidentiary assessment; legal qualification under Art. 927(2) CC was not reviewable in this procedure.
Extrahierte Begründung
A possessory judgment under Art. 927(1) CC is not final for appeal on the merits, but may be challenged by public law appeal for arbitrariness; however, questions concerning a preferred right under Art. 927(2) CC belong to the remedy on the merits and cannot be converted into constitutional review.