Arbitration case law

sentenza

Court of Milan, 2 February 2021, n. 737

Tribunale of Milano

Legal principle

In case of debt guaranteed by surety, where the the title from which rises the debt guaranteed contains a clause bossial, not contained instead in the title from which it rises the warranty, the controversy between creditor guaranteed and fideiussore is attribute Ita to competence referee, not the the clause compromise being made worth from subjects strangers to contract in it is inserted, per the principle sanction by art. 1372 of the Italian Civil Code civ., second which the contract has force law parts.

Methodological notes

standard

Decision text and analysis

In+case+of+debt+guaranteed+by+surety,+where the+the+title+from+which rises+the+debt+guaranteed+contains a+clause+bossial,+not+contained+instead in the+title+from which it rises+the+warranty,+the+controversy+between+creditor+guaranteed+and+fideiussore+is+attribute Ita+to+competence+referee,+not+the+the+clause+compromise+being+made+worth+from+subjects+strangers+to+contract+in++it is+inserted,+per+the principle+sanction+by art.+1372+of the Italian Civil Code+civ.,+second+which+the+contract+has+force+law++parts.

How to cite

Tribunale of Milano, 2 February 2021, No. 737, «Court of Milan, 2 February 2021, n. 737», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-2-february-2021-n-737-en-1752172028/

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