Questione giuridica chiave
Whether the cantonal administrative authorities could withhold delivery of the security deed as a precautionary measure pending guardianship proceedings.
Decisione estratta
No. A measure aimed at preserving the status quo in a guardianship context belonged to the judge, not a mere enforcement authority.
Motivazione estratta
The refusal to hand over the deed was based on an anticipated guardianship case and therefore amounted in substance to a precautionary measure. Under cantonal rules and Art. 275 of the Civil Code, matters relating to guardianship or deprivation of capacity fell within judicial competence.