Questione giuridica chiave
Whether the sale of the debtor's apartment share to his wife was revocable under Art. 288 LP
Decisione estratta
Yes. The transfer was made with intent to prejudice creditors, and that intent was recognizable to the wife.
Motivazione estratta
The debtor knew he would use at least part of the sale proceeds to favor his wife by paying a debt share and waiving recourse, while he lacked sufficient liquidity to satisfy the respondent. The wife knew both the favorable treatment and the debtor's precarious financial situation.