Questão jurídica principal
Whether the appellant had a legally protected interest in a declaration of unlawfulness of the alleged personality violation.
Decisão extraída
Yes. A protected interest existed because the disputed statements concerned the appellant's credibility and could justify rehabilitation; future similar disputes were sufficiently likely.
Fundamentação extraída
A declaratory action under Art. 28a Abs. 1 Ziff. 3 ZGB requires a continuing disturbing effect or an unresolved legal uncertainty. Even for a completed one-off statement, an interest exists if the same legality question may arise again in a comparable way. The respondent's conduct in the litigation and the ongoing, conflictual relationship between the parties supported such uncertainty.