ordinanza
No. 24641
Year: 2020

Supreme Court, 5 November 2020, n. 24641

⚖️ Cassazione - VI Civ.
📅

Legal Principle

While the relief of the nullity of the contract - or of one its single clause, ex art. 1419 COD. Civ. - can Avvenire even ex officio, not only in all the hypotheses of appeal stores Ale (fulfillment, resolution for any reason, cancellation, termination), but even when the question compensation damages for default contractual it is it was proposal, in via autonomous, from the appeal of the assumption contract, analogue principle not can postulate per the ineffectiveness surviving. consequently, is precluded to the judge of detects re the ineffective of one clause incomissoria in followed to the entrance in vigor of the l. 6 November 2012, n. 190, in lack of timely exception raised from the part interested party.

Methodological Notes

standard

How to cite

Cassazione, 05/11/2020, n. 24641, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-5-november-2020-n-24641-en-1752193399/