Legal Principle

An arbitral award concerning the annulment of a general meeting resolution confirming the appointment of a condominium administrator, being a decision of a purely declaratory or constitutive nature, does not have executive effect pending the appeal proceedings; it follows that, until the final judgment on appeal, the annulled resolution continues to produce its effects and the appointed person exercises the functions in their entirety, not being subject to a prorogatio regime.

Methodological Notes

standard

How to cite

Tribunale di Roma, 03/11/2025, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-rome-order-3-november-2025-1769173583-5171/

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