Question juridique clé
Whether the complaint for declaratory relief and publication was admissible despite the alleged lack of continuing nuisance under Art. 28a CC.
Solution extraite
The continuing nuisance requirement was satisfied; the lower courts properly entered into the declaratory claim.
Motifs extraits
Masoni’s continuing public notoriety meant the impugned publication could still have current harmful effects; the passage of time alone did not make the article irrelevant.