Wife's Request to Restrict Husband's Bank Account Disposition Rejected in Protection Proceedings

In a matrimonial protection procedure concerning spouses of retirement age under the ordinary matrimonial property regime of participation in accrued gains, the court was asked to impose a restriction on the disposition of the husband's bank account under Article 178 of the Civil Code to secure the wife's potential maintenance or property claims. The appellate court upheld the rejection of this request, reasoning that while Article 178 ZGB can secure such claims, the applicant must credibly demonstrate an acute and serious endangerment of future property claims, which requires a sufficient concretization of the impending property dispute, such as an initiated divorce; in this case, the wife failed to show non-compliance with existing maintenance obligations or sufficiently substantiate the nature and extent of any threatened property rights, particularly since the right to participation in accrued gains is merely an anticipation.