Questione giuridica chiave
Whether the vested-benefit claim was unattachable at the time of arrest execution because it was not yet due
Decisione estratta
The claim was due and therefore not unattachable; the debtor’s withdrawal of the payout request was legally ineffective because it was abusive.
Motivazione estratta
A payout request under Art. 16(2) FZV can trigger due date, and a withdrawal made on the day of arrest to defeat enforcement is contrary to good faith and must be disregarded under Art. 2 ZGB.