Court of Appeal of Venice, 15 June 2016, n. 1375
Legal Principle
In theme of referral, second the forecast of the statute of a cooperative, of the disputes between companies and members ad a college of probiviri in quality referees, it goes insured the requirement of public order of the impartiality of the decision, deriving the need The appointment of the probiviri it comes also from the member in quarrel, a penalty of nullity of the contrary clause compromise, that can be done made in the judgment opposition intended from member against exclusion; in particular, for to consider valid the resolution of the axis. mblea that appoints i probiviri, not it is sufficient demonstrate that the partner in quarrel vi has competition with the just vote favorable nor the D Elibera is it was assumed with the vote unanimous of the present in the assembly, ma, if anything, che the statute it expected so from the origin ED in term ini general che i probiviri were designated only with the competition of all i members (not only of the present and voters in assembly), only so it can be reached the warranty of impartiality of them that are are called a solve one quarrel between the itself company and the shareholder.
Methodological Notes
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