Court of Spoleto, 11 January 2021, n. 12
Legal Principle
The existence of one clause turmoil not excludes the competence of the judge ordinary ad issue a decree injunction (expected that the discipline of the procedure referee not contemplates the emission measures unheard of alter alter a part), ma imposes a the latter, in case of subsequent opposition founded on the existence of the said clause, the declaration of nullity of the decree opposite and the contextual remission of the controversy to the judgment of the referees.
Where the curator act in place and by doing worth a right due to the bankrupt, not it can be considered that the contract si is melted, from the moment that the curator has intended to do it is worth rights skipping from the contract which h. A already had execution per the part in contestation, to which is connects the right to consideration; nor descends which is it is to be considered opposable to bankruptcy the clause compromise contained in the aforementioned contract.
Methodological Notes
standard