Ai senses of art. 819, co. 1, cod. Proc. Civ., The referees can resolve without authorities of judged the questions relevant per the decision of the A controversy even if vertone on subjects which not can be object of convention of arbitration: provision that yes connections to rule general E Desumeable by art. 34 Cod. proc. civ., per to which, in defect of an express provision of law (as it happens for the issues on the state and the capaci tà of the people) or of the question one of the parts, the questions preliminary must be being decided not with efficacy of judged, but incident ta NUM. in detail, the questions prejudice in sense logical, that invest circumstances that are falling in the fact constitutive of the right deduced in cause, they must be necessarily decisive incidental tantum, while the questions prejudice in sense sense. ED independent from the said fact constitutive, of the which, however, represent a assumption legal, can give ad ad a independent judgment, with consequent training of the thing judged, but only in presence express application of part part addressed the solution of the question.