Sul conflitto fra l’acquirente di un immobile conferito nel fondo patrimoniale e il creditore munito di ipoteca giudiziale sul medesimo bene

Di Ruggero Vigo -
The case is about a property that the spouses first placed in a family trust (Art. 167 and following articles of the Civil Code) and later sold to a third party. However, before the contract of sale was registered, the bank applied a judicial mortgage to the property, as a security for a credit it had granted to the spouses for purposes unrelated to their family needs. The Court of Cassation ruled that the mortgage was valid and that the bank should prevail over the buyer. A different opinion is expressed in the note.