ordinanza
Court of Tivoli, order of 17 July 2026 (R.G. 00001890/2026)
Tribunale of Tivoli
Legal principle
An arbitral award declared enforceable by the President of the Court under art. 825 cod. proc. civ., by which the acquisition of ownership by adverse possession has been established, constitutes a title of specific evidential significance in possessory proceedings, since the declaration of acquisition presupposes a finding of prolonged possession of the property.
The finding of acquisition by adverse possession contained in the award declared enforceable produces effects erga omnes, so that a third party claiming to be prejudiced by a determination made in proceedings to which it remained extraneous must avail itself of third-party opposition by way of revocation.
Methodological notes
standard
Decision text and analysis
An arbitral award declared enforceable by the President of the Court under art. 825 cod. proc. civ., by which the acquisition of ownership by adverse possession has been established, constitutes a title of specific evidential significance in possessory proceedings, since the declaration of acquisition presupposes a finding of prolonged possession of the property.
The finding of acquisition by adverse possession contained in the award declared enforceable produces effects erga omnes, so that a third party claiming to be prejudiced by a determination made in proceedings to which it remained extraneous must avail itself of third-party opposition by way of revocation.
How to cite
Tribunale of Tivoli, 17 July 2026, «Court of Tivoli, order of 17 July 2026 (R.G. 00001890/2026)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-tivoli-order-of-17-july-2026-r-g-00001890-2026/