Questione giuridica chiave
Whether the credit agreement constituted a sufficient debt acknowledgment title for provisional release against the co-borrower.
Decisione estratta
No. The agreement established solidarity toward the bank, but it did not contain an unconditional acknowledgment by the respondent in favor of the appellant for the claimed amounts.
Motivazione estratta
Under Art. 82 SchKG, provisional release requires a written acknowledgment from which an unconditional duty to pay a certain or readily determinable sum follows. The contract regulated only the external relationship with the bank, not the internal allocation between the parties.