Questione giuridica chiave
Whether the claim for payment of the surplus from private realization of the pledged vehicle was time-barred.
Decisione estratta
The claim was subject to the ten-year contractual limitation period, not the one-year unjust-enrichment period, so it was not time-barred.
Motivazione estratta
The debtor's duty to return the amount exceeding what was needed to satisfy the pledgee arises from the pledge contract; the action is contractual restitution under Art. 891 CC and Art. 127 CO. No separate damage claim under Art. 890 CC was relevant on the facts.