sentenza
No. 17169
Year: 2025

Court of Rome, 5 December 2025, No. 17169

⚖️ Tribunale di Roma
📅

Legal Principle

The arbitration clause contained in the articles of association of a housing cooperative, whose purpose is the construction of dwellings to be allocated to its members, applies exclusively to intra-corporate disputes and, in the absence of an express provision in the articles of association or a separate agreement in the deed of reservation, allocation or transfer of the property, does not extend to disputes relating to the transfer of ownership of the dwelling. This limitation stems from the dual nature of the legal relationships pertaining to the member of a housing cooperative: one of an associative nature, arising from adherence to the corporate contract, the other originating from a bilateral exchange contract with a cause analogous to that of a sale of goods, in respect of which the corporate arbitration clause does not operate automatically.

Methodological Notes

standard

How to cite

Tribunale di Roma, 05/12/2025, n. 17169, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-rome-5-december-2025-no-17169-1769614761-4628/