Court of Trani, order of 12 November 2025
Legal Principle
The special curator appointed pursuant to Article 78 of the Code of Civil Procedure to represent a company in a specific arbitration proceeding exhausts his mandate upon the res judicata of the final award, consequent upon the failure to challenge it within the statutory time limit, and is therefore not entitled to request the appointment of a new special curator for different and subsequent proceedings.
The institution of special curatorship under Article 78 of the Code of Civil Procedure is provisional in nature and functionally limited to the specific reasons which gave rise to the appointment, such that the curator's power of representation does not extend beyond the limits of the proceeding for which the mandate was conferred.
Methodological Notes
standard