Questione giuridica chiave
Whether the conditions for a debt instruction under Art. 132 ZGB were met.
Decisione estratta
Yes. The husband repeatedly failed to pay maintenance on time, and by January 2019 it was clear he was not willing to comply punctually; the maintenance claim was therefore endangered.
Motivazione estratta
A debt instruction requires a valid enforceable title and a sufficiently serious neglect of maintenance duties. The court held that the delays were not merely minor or isolated. The husband paid only after procedural pressure and still missed later payments, which justified the measure.