Supreme Court, 10 October 2025, n. 27190
Cassazione
- II Civ.
Legal Principle
The arbitration clause contained in condominium regulations which excludes from contractual arbitration (arbitrato irrituale) disputes concerning "primary rights arising from titles of acquisition" must be interpreted as referring to violations of primary rights connected to property rights that entail total compromise, loss or depletion of such rights, and does not encompass disputes relating to violations of rules on legal distances and rights of view between exclusive properties of co-owners, which affect relations between neighbouring properties without completely depleting the content of the property right.
Methodological Notes
standard
How to cite
Cassazione, 10/10/2025, n. 27190, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-10-october-2025-n-27190-1761772991-3688/