Questione giuridica chiave
Whether the 10 November 1995 donation of the coproperty share in the family home was simulated and therefore ineffective
Decisione estratta
The donation was a sham transaction; the house remained in joint ownership.
Motivazione estratta
The factual findings showed both spouses intended only to shield the property from possible creditors, not to effect a real gratuitous transfer. Under Art. 18 CO, such concordant sham declarations render the apparent act ineffective.