Supreme Court, 12 January 2021, n. 286

The exception of compromise has character procedural ED integral one question competence that not has nature mandatory, so to justify it the relief ex officio ex art. 38, co. 3, cod. Proc. Civ., Expected that it is si founded only On the will of the parts, the which are free of choose if to entrust or less the controversy to referees. nor it follows that this exception must be formulated from the part affected, a penalty of forfeiture, in the appearance of response.