Court of Terni, 14 June 2019, n. 493
Legal Principle
The investigation on the validity e on the flow rate of a clause compromise si solves always in research of that effect of right procedural, that le is connatural and exclusive, by subtract to the judge ordinary the cognition of one or plus disputes of right substantial, with the consequent attribution of they to judge private. n. e drift which, being of investigation that unintegrates a question of competence, as it would be improper front to any judge one generic question and abstract competence without the contemporary deduction of one controversy of right substantial, in reference to which it is necessary resolve the doubt on the choice judge ch E will have to know it, so not it can admit a judgment mere assessment on the validity and on the flow of said clause, not the decision on the point buy re authority of judged independently from the ruling on competence a provision in order to application of right substantial. an action mere assessment on the The validity e on the flow rate of the clause compromise would be, that is, , deprived of interest, in what would lead ad one generic affirmation of competence bulls of Effective preclusive per the judge that it was called subsequently a providing on a question determined and that it would be, first of all, judge of the own competence.
Methodological Notes
standard