Questão jurídica principal
Whether the respondent's claim for bank records against co-heirs was an abuse of rights.
Decisão extraída
No. The respondent had a genuine and practical interest in obtaining the information, and he was free to choose from whom to exercise his information rights.
Fundamentação extraída
Open abuse of rights under Art. 2(2) ZGB is exceptional. The respondent's choice of the easier enforcement path did not amount to a misuse of the legal institution or a vexatious claim.