sentenza
No. 496
Year: 2026

Court of Appeal of Ancona, judgment of 6 May 2026, No. 496

⚖️ Corte di Appello di Ancona
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Legal Principle

An arbitral award rendered enforceable by a court pursuant to the applicable provisions constitutes a valid and effective title of transfer of ownership; however, notwithstanding such validity and effectiveness, it cannot be relied upon against a party in whose favour the judicial claim — subsequently upheld by a final judgment — seeking a declaration of absolute simulation of the contract from which the transferor derived his title was transcribed in the land registers at a date prior to the transcription of the award. The priority rule based on prior transcription governs the conflict between competing titles irrespective of the legal validity and effectiveness of the respective constitutive acts.

Methodological Notes

standard

How to cite

Corte di Appello di Ancona, 06/05/2026, n. 496, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-ancona-judgment-of-6-may-2026-no-496/