sentenza
Court of Appeal of Rome, 6 February 2023, n. 891
Corte di Appello of Roma
Legal principle
The clause of compromise not hurry to the emission of a decree injunction, because the consequent defect of jurisdiction pertains to cognition one a with Troversia e, therefore, presupposes the contradictory, absent in the procedure monitor and because the exception of compromise is optional and not is detectable d ' Office. therefore, a vault that a part has decided of not appeal to the procedure arbitration and has decisive activate the procedure summary not it can, a vault intervened the opposition to the injunction, the itself part part the incompetence of the judicial ordinary authority.
Methodological notes
standard
Decision text and analysis
The+clause+of+compromise+not+hurry+to the emission+of+a+decree+injunction,+because+the consequent+defect+of+jurisdiction+pertains+to+cognition+one+a+with Troversia+e,+therefore,+presupposes+the+contradictory,+absent+in the+procedure+monitor+and+because+the exception+of+compromise+is+optional+and+not+is+detectable+d ‘ Office.+therefore,+a+vault+that+a+part+has+decided+of+not+appeal+to the+procedure+arbitration+and+has+decisive+activate+the+procedure+summary+not+it can,+a+vault+intervened+the opposition+to the injunction,+the+itself part+part+the incompetence+of the judicial+ordinary authority.
How to cite
Corte di Appello of Roma, 6 February 2023, No. 891, «Court of Appeal of Rome, 6 February 2023, n. 891», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-rome-6-february-2023-n-891-en-1752163109/