Questione giuridica chiave
Whether the cantonal appellate authority violated the creditor's right to be heard by deciding on the debtor's complaint without inviting the creditor to comment.
Decisione estratta
Yes. As the creditor was directly affected by the lifting of the attachment, she had to be heard before a decision adverse to her legal position was issued.
Motivazione estratta
The right to be heard under Art. 29(2) BV is a formal right; its breach leads to annulment regardless of the merits. Because the authority had forgotten to give the creditor an opportunity to comment before lifting the attachment, the decision had to be set aside.