Questione giuridica chiave
Whether the seized blacksmith tools were unattachable under Art. 92 No. 3 of the Debt Enforcement Act as tools necessary for the debtor’s profession.
Decisione estratta
No. The exemption applies only to tools necessary for the occupation actually carried on at the time of the seizure; a formerly used craft abandoned for years does not qualify.
Motivazione estratta
The courts found that the debtor had not practiced blacksmithing for several years and had instead engaged in viticulture. Allowing exemption for tools of a long-abandoned trade would let debtors remove from execution the implements of all past occupations, which would contradict the legislative purpose of preserving only the means to continue the present livelihood.