Court of Perugia, 14 June 2019, n. 943
Legal Principle
The exception of compromise lifted in front to the judge ordinary, loss despite that the dispute is it was referred to to referees a a question that concerns to merit and not to jurisdiction or to competence, in i r contributions between judges and arbitrators not si ponto on the floor of the division of the power jurisdiction between judges, and the effect of the clause compromise consists just in the renunciation to jurisdiction and action judicial action . NE follows which, even formulated in terms of acceptance or rejection of a exception incompetence, the decision with the judge, in presence a exception compromise, solving the question mail, n or n On closes the process front to self, must be considered as decision pronounced on question preliminary of merit, in what relevant to the validity or to the interpretation of the compromise or of the clause compromise [per incuriam].
Methodological Notes
per incuriam