Supreme Court, 7 July 2021, n. 19276
Legal Principle
If the compromise foster to referees the task of decide second equity, the pronunciation of the praise second right integrates a error in proceeding, like such denunciation with the appeal For nullity, ai senses of art. 829, co. 1, n. 4, cod. proc. civ., without that it is burden of the denunciant deduct and demonstrate that the statute it is different from that that it would be adopted in in application of the parameter equitative. however, the recurrence of the indicated error not can be affirmed per the only fact that the praise reasons second right and not contains an express enunc iatation of compliance to equity of the relative decision, being possible to summon a evaluation of the referees in such sense, even implicitly, from the overall content of the praise itself.
Methodological Notes
standard