Legal principle
Because exists the obligation of the specific approval per member of the clause compromise of to which in art. 1341, co. 2, of the Italian Civil Code civ., Not enough that one of the contractors has prepared the whole content of the contract in way that the other part part not can that accept it or refuse it in its wholeness, but it is also necessary that the scheme it is state izioni General are State fixed per serve ad one series indefinite of relationships, it is from the point point substantial vision, because packaged a a contractor that activities activities contracttt Uual to the address of a plurality undifferentiated of subjects, it is from the point of sight formal, in what predetermined in the content a half modules or formulars usable in series.
Methodological notes
standard
Decision text and analysis
Because+exists+the obligation+of the+specific+approval+per+member+of the+clause+compromise+of+to which+in art.+1341,+co.+2,+of the Italian Civil Code+civ.,+Not enough+that+one+of the+contractors+has+prepared +the whole+content+of the+contract+in+way+that the other+part+part+not+can+that accept it+or+refuse it+in its+wholeness,+but+it is also+necessary+that+the+scheme+it is+state izioni+General+are+State+fixed+per+serve+ad+one+series+indefinite+of+relationships,+it is+from the+point+point+substantial vision,+because+packaged+a+a+contractor+that+activities+activities+contracttt Uual+to the address+of+a+plurality+undifferentiated+of+subjects,+it is+from the+point+of+sight+formal,+in+what+predetermined+in the+content+a+half++modules+or+formulars+usable+in+series.
How to cite
Cassazione — I Civ., 21 February 2023, No. 5369, «Supreme Court, 21 February 2023, n. 5369», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-21-february-2023-n-5369-en-1752201813/