Questione giuridica chiave
Whether the reimbursement duty for a home-ownership advance withdrawal under Art. 30d(1)(c) LPP passes to the repudiated estate and must be collocated.
Decisione estratta
The reimbursement obligation is a debt of the deceased that arises at death and passes by universal succession; if all nearest heirs repudiate, the claim must be filed against the bankruptcy estate and admitted to collocation.
Motivazione estratta
The statutory wording refers to the insured or his heirs. Parliamentary materials show that the legislature intended the debt to be chargeable to the succession. Allowing repudiation to defeat repayment would let heirs circumvent the statutory mechanism and shift the burden to the pension fund and other insured persons.