Questão jurídica principal
Whether the appellant had a protectable interest and standing to seek declaratory relief under Art. 84 BGBB and Art. 89 BGG.
Decisão extraída
He lacked a present protectable interest because the desired effect would require reopening the final divorce judgment, but no revision ground existed.
Fundamentação extraída
The alleged interest was to prevent transfer of parcel no. 649 to the former wife. That could only be achieved by overturning the final civil judgment. Since the appellant had been heard on the agricultural-law issue in the divorce proceedings and could have sought a stay and a timely administrative determination then, the later declaration could not create a revision ground under Art. 328 ZPO.