Facts
On 15 September 1983, the Ticino supervisory authority for the application of the federal decree on the acquisition of land by foreigners ordered the annotation, pursuant to Art. 16 of the decree, of a restriction on the right of disposal over a plot of land in Montagnola, owned by X. Subsequently, Bank Y requested the auction sale of the property following the enforcement of two first and second-ranking mortgages. The Ticino supervisory authority then requested the Pretore of Lugano-Campagna to ascertain the nullity of the transfer of ownership from spouses Z to X and to order the auction sale of the property. Bank Y contested the postponement of the auction sale ordered by the Debt Collection and Bankruptcy Chamber of the Ticino Cantonal Court of Appeal.Considerations
The Debt Collection and Bankruptcy Chamber held that Art. 41 of the Land Registry Regulation did not allow the deferral of the enforcement of the pledge, as the dispute over the validity of the transfer of ownership did not affect the sale price. However, the Chamber examined whether the restriction on the right of disposal ordered pursuant to Art. 16 of the federal decree nonetheless prevented the auction sale.
The Chamber concluded that it is unclear whether such a restriction is governed by the effects of Art. 960 CC. In any case, the Debt Collection and Bankruptcy Office must determine the consequences of such a restriction on the compulsory enforcement of the property. Since Bank…