Arbitration case law

sentenza

Court of Appeal of Brescia, 10 October 2019, n. 1474

Corte di Appello of Brescia

Legal principle

The clause compromise not can consider nor a a pact of the contract preliminary of sale nor one element such contract: is, instead, a contracttt o autonomous ad effects procedural, that can ma should not be content in a document with the contract preliminary. between i two contracts, date la lor o autonomous function, not exists a ratio of accessory, as, moreover, expressly foreseen by art. 808, co. 2, cod. proc. civ., in base which L L A validity (and, therefore, even the efficacy) of the clause skuser must be assessed in self -independent way compared to the contract per which it it refers.

Methodological notes

standard

How to cite

Corte di Appello of Brescia, 10 October 2019, No. 1474, «Court of Appeal of Brescia, 10 October 2019, n. 1474», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-brescia-10-october-2019-n-1474-en-1752157704/

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