Supreme Court, 8 May 2019, n. 12040
Legal Principle
The judgment of appeal arbitration si composes of two phases, the first rescinding, aimed to the assessment of any nullity of the praise and that is it concludes with the cancellation of the itself, the second termination, that FA followed to the cancellation in the course of the . the judge ordinary proceeds to the reconstruction of the fact on the base of the tests deduct; in the first phase not it is permitted to the courtyard of appeal proceed ad checks of fact, having to limit themselves to the assessment of the any nullity in which they are the referees, pronunciation only for determined errors in proceeding, as well as per non -compliance of the rules right in the limits limits from the art. 829 cod. proc. civ .; only in headquarters termination to the judge of the appeal is attributed the E Questions, however in the limits of the petitum and of the cause petendi deduct front to referees, with the consequence that are not are nor new new a to proposals questions to referees, nor censures different from typical identified by art. 829 cod. prosec.
Methodological Notes
standard