Questione giuridica chiave
Whether the debtor had acquired new assets within the meaning of Art. 265 SchKG through economic control of shares formally held by his wife
Decisione estratta
Yes. The debtor economically disposed of the spouse-held company participation and thereby acquired new assets to the extent of his share in the increase in value.
Motivazione estratta
New assets include values the debtor economically controls although not legally owned. The court accepted that the debtor was the dominant figure in the company, that he contributed decisively to the appreciation of the shares by undercompensated work, and that the relevant increase in value could be attributed to him by analogy to profit-sharing rules.