Supreme Court, 19 July 2023, n. 21329
Legal Principle
The referral ad referees of any controversy however connected to the interpretation and to the execution of the regulation condominium determines, therefore, therefore, the competence arbitration also for the opposition to the decree injunctive intimated by the administrator PE r the collection of the contributions approved by the assembly, to senses of the articles 1130, n. 3, cod. civ. and 63, co. 1, disp. att. cod. civ., not constituting the clause bossial one derogation a such rules, since the presence of the same convention of arbitrat RATO does not prevent of request and obtain from the judge ordinary a decree injunctive per le expenses (stop remaining the faculty per condominium intimated by to complain the competence referee in office opposition), nor the mentioned art. 63, paragraph 1, a Erva of competence absolute and exclusive of the judge ordinary e, therefore, not even it prevents the compromising in referees of the relative disputes, the which, moreover, not fall in in any of the prohibitions sanction from articles 806 808 cod. proc. civ.
Methodological Notes
standard